http://austms.blogspot.com.au/
15 March 2021
BRITISH MP TAMIL POLITICIAN SENDING LTTE
TO ICC?
As
per latest Tamilwin news, Member of the Tamil Diaspora in Britain – Mrs is
being supported by British MP Mr Sam Tarry and popular Indian Tamil actor
turned Politician Mr Kamal Haasan . Tamil Guardian presented the following picture
on 28 February:
[Ambihai
K Selvakumar, a director of the International Centre for the Prevention of
Genocide (ICPPG) is in the second day of her hunger strike, as she
continues her demand that the UK refer Sri Lanka to the International
Criminal Court.
This
hunger strike comes as the UN Human Rights Council convened for the 46th session
in Geneva at the start of this week. During deliberations, UN High Commissioner
for Human Rights, Michelle Bachelet outlined her damning report on Sri Lanka
which not only highlighted Sri Lanka’s unwillingness to address issues of
accountability but also warned that the deterioration of human rights
heightened the risk of further violations. Britain’s representative, Minister
of State for South Asia and the Commonwealth, Lord Ahmad, commended the high commissioner's
detailed report and further criticised ongoing impunity in Sri Lanka, noting
that “previous domestic commissions have all failed”.]
There
is more to the report which is missing in the above presentation. It is the
fact that the UNHRC report blames also the LTTE
- a sample of which is as follows at paragraph 14 of the said report:
[14. Given the
failure of domestic mechanisms to conduct credible investigations, in March
2014, the Human Rights Council requested OHCHR in resolution 25/1 to undertake
a comprehensive investigation. The
report of the OHCHR investigation on Sri Lanka (OISL), released in September
2015, found credible evidence that both Sri Lankan security forces and LTTE
were responsible for war crimes and crimes against humanity]
Hence
is the UK referred the matter to ICC the LTTE also would be a party to it and
this includes Mrs Selvakumar as well as all parties that were involved in the war.
Article
30 of the of the Rome Statute of
the International Criminal Court provides as follows:
[Article
30
Mental
element
1.
Unless otherwise provided, a person shall be criminally responsible and liable
for punishment for a crime within the jurisdiction of the Court only if the
material elements are committed with intent and knowledge.
2. For the purposes of this article, a person
has intent where:
(a) In relation to conduct, that person means
to engage in the conduct;
(b)
In relation to a consequence, that person means to cause that consequence or is
aware that it will occur in the ordinary course of events.
3.
For the purposes of this article, "knowledge" means awareness that a
circumstance exists or a consequence will occur in the ordinary course of
events. "Know" and "knowingly" shall be construed
accordingly]
As
per the evidence that the UNHRC claims to have found:
Who
killed civilians?: Government of Sri
Lanka (GOSL) and the LTTE
What
was the purpose?: GOSL To eliminate LTTE
LTTE:
To protect themselves against the GOSL forces and to kill the GOSL forces
Is
there a history of such violence against civilians: GOSL – yes in the case of Southern
insurgents.
LTTE: - yes against Tamil civilians and
their Political leaders and against other ethnic unarmed civilians.
Who
represents the GOSL : Self Represented
Who
represents the LTTE: Their heirs such as Transnational Government of Tamil
Eelam; The former LTTE cadre; Those who celebrate 27 November as Great Heroes’ Day
Who
are the victims: (i) Those who were
in the group but not in either group of their own free will
(ii) Those who were not in the group but
were silenced by both groups of expressing their Opposition to the side that
had the governing power
The
ICC is reported to have the jurisdiction to try on the following bases:
(i)
Genocide,
(ii)
War crimes
(iii)
Crimes
against humanity and
(iv)
The crime
of aggression
It is Governed
by an international treaty called the Rome Statute
The
15th day of the month, the Ides, is dedicated to Jupiter in the Roman calendar.
Majority Hindus believe that Jupiter is the deity of Gurus
15th
of March marks the end of previous cycle and the beginning of new. Julius Caesar who
was considered a Dictator, was murdered on this day. It is a good day to end tyrannical
leaders (in our mind) on behalf of the People. If the likes of Mrs Selvakumar
who represents LTTE through Thileepan – die today for this reason then at least
the Tamil community of Sri Lanka would be free of its own dictators.
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