UNROW Calls for Establishment of
War Crimes Tribunal for Sri Lanka
by UNROW Staff
In 2009 the multi-decade conflict between the Tamil Tigers and the
Sri Lankan government ended in a devastating battle. The Sri Lanka
government had pushed the rebel group, as well as Tamil civilians who
were not affiliated with the group, into a small region in northeastern
Sri Lanka.
Tamil refugees in Sri Lanka, September 2008.
Human Rights Watch and the International Crisis Group
reported thousands of civilian deaths, as the government
indiscriminately bombed the region, and the rebel group did not allow
civilians to leave for safer areas. Although there is international
concern about the crimes committed by the rebel group, less attention is
being paid to those perpetrated by the Sri Lankan government.
On September 22, 2010, the UNROW Human Rights Impact Litigation
Clinic, based out of the American University Washington College of Law,
released a new report calling for the establishment of a new
international tribunal to prosecute those most responsible for the
crimes committed during the conflict. A press release and link to the
report is below.
Human Rights Group Calls on the United Nations to
Establish War Crimes Tribunal for Sri Lanka
September 22, 2010— The U.N. panel appointed by
Secretary-General Ban Ki-moon should promptly recommend the
establishment of an international tribunal for war crimes committed by
Sri Lankan security forces against Tamil civilians, states a white paper
released today by the UNROW Human Rights Impact Litigation Clinic
(UNROW) at American University Washington College of Law.
On behalf of the Transnational Government of Tamil Eelam, which is
represented by UNROW, UNROW demands that justice be given to the Tamil
population victimized by the Sri Lankan government.
Evidence indisputably shows that Sri Lankan security forces committed
grave violations of human rights and humanitarian law against the Tamil
civilian population during the civil war, notes the paper. Sri Lankan
security forces willfully and deliberately bombed or attacked Tamil
civilian hospitals, schools, and other non-military buildings, as well
as “safety” or “no-fire” zones.
There is ample evidence demonstrating
that the Sri Lankan government targeted Tamil civilians in an effort to
destroy their culture and population. Nearly 7,000 civilians were
reportedly killed in the five-month period from January to April 2009
alone. Such attacks on civilians are prohibited by international
humanitarian law.
The Sri Lankan government has denied any responsibility for civilian
deaths. In June 2010, the Secretary-General established a three-member
panel to advise him on the Sri Lankan government’s efforts to implement
accountability measures for alleged human rights violations. But the
Sri Lankan government has prevented the panel from being admitted into
the country. During the summer, government officials led chaotic
protests against the panel.
The panel’s work is now officially under way. The open hostility of
the Sri Lankan government toward accountability, however, shows that Sri
Lanka is unlikely to implement any forthcoming recommendations from the
United Nations, noted UNROW’s paper.
“The U.N. Security Council has an opportunity to reaffirm its
intolerance of serious human rights and humanitarian law violations by
establishing a temporary international tribunal to investigate and try
alleged Sri Lankan war criminals,” states the paper. Moreover, UNROW
stressed that the U.N. Security Council has the authority and a wealth
of precedents to establish a tribunal pursuant to its mandate to
maintain and restore international peace and security.
The accountability process must not be entrusted, in any measure, to
the Sri Lankan government. Only an international tribunal—bringing with
it impartiality, independence, and expertise—can provide the justice
that the Tamils need and deserve. The paper calls attention to the
features that are necessary for such a tribunal.
Contact UNROW by phone at 202-274-4088, email at unrowclinic@wcl.american.edu,
or mail at UNROW Human Rights Impact Litigation Clinic, American
University Washington College of Law, 4801 Massachusetts Ave, NW,
Washington, D.C. 20016 to obtain copies of the white paper.
An electronic copy of the report is available here (.PDF).
