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:
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:
(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.