Sri Lanka guilty of genocide against Tamils with UK, US complicity: PPT rules

BY RAMANAN VEERASINGHAM11 DECEMBER 2013 BY RAMANAN VEERASINGHAM In a landmark judgement that sends shocking waves to many international busy bodies, a very eminent panel of international judges of the Romebased Permanent Peoples Tribunal (PPT) Tuesday unanimously ruled Sri Lanka guilty of the crime of genocide against the Eelam Tamil people, while the US and UK were found to be guilty of complicity to this crime, a PPT statement said Tuesday. A 11-member high-profile judges, consisting of experts in genocide studies, former UN officials, experts in international law and renowned peace and human rights activists, gave this ruling after a two-day tribunal hearing between December 7 and10 in Bremen, Germany. The Second Session of the Peoples Tribunal on Sri Lanka concluded today in Bremen, Germany, with the presentation of its verdict. The panel of eleven judges unanimously found Sri Lanka guilty of the crime of genocide against the Eelam Tamil people, and that this crime continues today, the PPT statement said Tuesday.

The UK and USA were found to be guilty of complicity in the crime of genocide, including --complicity by procuring means, such as weapons, instruments or any other means, used to commit genocide, with the accomplice knowing that such means would be used for such a purpose; complicity by knowingly aiding or abetting a perpetrator of a genocide in the planning or enabling acts, it said. The PPT however, withheld their decision on Indias complicity to this crime, pending examination of further evidence. More than 30 direct eye-witnesses and experts testified in support of the Prosecutions case, providing evidence on various alleged crimes that could be determined to constitute the crime of genocide, as well as on the legal and historical background and the charges of complicity. The Tribunal specified that the victims are in this case the Eelam Tamils as a national group. The Tribunal found that genocide against the Eelam Tamil group has not yet achieved the total destruction of their identity. The genocidal coordinated plan of actions reached its climax on May 2009, but it is clear that the Sri Lanka Government project to erase the Eelam Tamil identity, corroborated by the above mentioned conduct, shows that genocide is a process and that process is ongoing, the PPT statement said.

Recognizing that the Sri Lankan state alone did not have the capacity to achieve their genocidal ambitions, and given the evidence presented, the Tribunal believes that the UK, the USA and India are guilty of complicity in genocide. However, given time constraints the Tribunal decided to withhold its decision pending the consideration of additional evidence as to the possibility that India, as well as other States, are indeed guilty of complicity in the crime of genocide against the Eelam Tamils, the PPT statement said. One of the Co-Chairs of the PPT Panel of judges, Daniel Feierstein, is Director of the Centre for Genocide Studies at the Universidad Nacional de Tres de Febrero, Professor in the Faculty of Genocide at the University of Buenos Aires. He has been elected as the president of the 'International Association of Genocide Scholars'. While the other Co-Chairs, Denis Halliday, is a former Assistant Secretary General of the UN when Kofi Annan was the Secretary General. He resigned from his 34 year old career in the UN in protest of the economic sanctions imposed on Iraq by the Security Council. This is the second such high-profile session conducted by the PPT on Sri Lanka. The first phase of the Tribunal, held in January 2010 in Dublin, was the first ever international effort to investigate the allegations of war crimes and crimes against humanity committed during the final stages of the protracted conflict in Sri Lanka. At the end of the first session of the PTT session on Sri Lanka, the panel of judges had determined, that War Crimes and Crimes against Humanity had taken place on the Tamil population during the final months of the war in Sri Lanka. It also held that pressure from the UK and USA governments contributed to the breakdown of 2002 peace process between the Liberation Tigers of Tamil Eelam (LTTE) and the Government of Sri Lanka, precipitating the war. Following is the full statement issued by General Secretary of the PPT Gianni Tognoni on Tuesday: The Peoples Tribunal on Sri Lanka Session II 7th 10th December 2013 Bremen, erman! Panel o" #u$%es presents &er$ict "in$in% Sri Lanka %uilt! o" the crime o" %enoci$e a%ainst the 'elam Tamil people( the )* an$ )S+ ,ere "oun$ to be %uilt! o" complicit!, ,hile the #u$%es ,ithhel$ their $ecision on In$ias complicit! pen$in% e-amination o" "urther e&i$ence. The Secon$ Session o" the Peoples Tribunal on Sri Lanka conclu$e$ to$a! in Bremen, erman!, ,ith the presentation o" its &er$ict. The panel o" ele&en /u$%es unanimousl!

"oun$ Sri Lanka %uilt! o" the crime o" %enoci$e a%ainst the 'elam Tamil people, an$ that this crime continues to$a!. The Tribunal "oun$ that %enoci$e a%ainst the 'elam Tamil %roup has not !et achie&e$ the total $estruction o" their i$entit!. The %enoci$al coor$inate$ plan o" actions reache$ its clima- on 0a! 2001, but it is clear that the Sri Lanka o&ernment pro/ect to erase the 'elam Tamil i$entit!, corroborate$ b! the abo&e mentione$ con$uct, sho,s that %enoci$e is a process an$ that process is on%oin%. The %enoci$al strate%! chan%e$ once the perpetrators %aine$ control o" the territor!. The killin%s are bein% trans"orme$ into other "orms o" con$uct, but the intention to $estro! the %roup an$ its i$entit! remains an$ continues, throu%h causin% serious bo$il! or mental harm to members o" the 'elam Tamil %roup. The Tribunal consi$ers that the proo"s establishe$, be!on$ an! reasonable $oubt that the "ollo,in% acts ,ere committe$ b! the o&ernment o" Sri Lanka 2a3 *illin% members o" the %roup, ,hich inclu$es massacres, in$iscriminate shellin%, the strate%! o" her$in% ci&ilians into socalle$ 45o 6ire 7ones4 "or the purpose o" massi&e killin%s, tar%ete$ assassinations o" outspoken 'elam Tamil ci&il lea$ers ,ho ,ere capable o" articulatin% the Sri Lankan %enoci$e pro/ect to the outsi$e ,orl$. 2b3 8ausin% serious bo$il! or mental harm to members o" the %roup, inclu$in% acts o" torture, inhumane or $e%ra$in% treatment, se-ual &iolence inclu$in% rape, interro%ations combine$ ,ith beatin%s, threats o" $eath, an$ harm that $ama%es health or causes $is"i%urement or in/ur!. 2c3 Deliberatel! in"lictin% on the %roup con$itions o" li"e calculate$ to brin% about its ph!sical $estruction in ,hole or in part, inclu$in% e-pulsions o" the &ictims "rom their homes, 9 sei:ures o" pri&ate lan$s, 9 $eclarin% &ast areas as militar! ;i%h Securit! 7one 2;S73 to "acilitate the militar! ac<uisition o" Tamil lan$. 6urther, the Tribunal consi$ere$ e&i$ence relate$ to 2$3 Imposin% measures inten$e$ to pre&ent births ,ithin the %roup inclu$in% "orce$ sterili:ation an$ coerce$ contraception o" 'elam Tamil ,omen. 6urther in&esti%ation is re<uire$ on the e-tent o" this practice in other re%ions be"ore a $etermination is ma$e on ,hether these coul$ be consi$ere$ %enoci$al acts. The )* an$ )S+ ,ere "oun$ to be %uilt! o" complicit! in the crime o" %enoci$e, inclu$in% = complicit! b! procurin% means, such as ,eapons, instruments or an! other means, use$ to commit %enoci$e, ,ith the accomplice kno,in% that such means ,oul$ be use$ "or such a purpose( = complicit! b! kno,in%l! ai$in% or abettin% a perpetrator o" a %enoci$e in the plannin% or enablin% acts thereo"( >eco%ni:in% that the Sri Lankan state alone $i$ not ha&e the capacit! to achie&e their %enoci$al ambitions, an$ %i&en the e&i$ence presente$, the Tribunal belie&es that the )*, the )S+ an$ In$ia are %uilt! o" complicit! in %enoci$e. ;o,e&er, %i&en time constraints the Tribunal $eci$e$ to ,ithhol$ its $ecision pen$in% the consi$eration o" a$$itional e&i$ence as to the possibilit! that In$ia, as ,ell as other States, are in$ee$ %uilt! o" complicit! in the crime o" %enoci$e a%ainst the 'elam Tamils.

0ore than 30 $irect e!e,itnesses an$ e-perts testi"ie$ in support o" the Prosecutions case, pro&i$in% e&i$ence on &arious alle%e$ crimes that coul$ be $etermine$ to constitute the crime o" %enoci$e, as ,ell as on the le%al an$ historical back%roun$ an$ the char%es o" complicit!. The procee$in%s o" the Secon$ Session ,ere broa$cast throu%h li&e streamin% on the Internet an$ ,ill be ma$e a&ailable on the ,eb site http?@@ptsrilanka.or%@ This Secon$ Session in Bremen ,as con&ene$ in response to the $etermination b! the 6irst Session, hel$ in #anuar! 2010 in Dublin, Irelan$, that Aar 8rimes an$ 8rimes a%ainst ;umanit! ha$ taken place on the Tamil population $urin% the "inal months o" the ,ar in Sri Lanka in earl! 2001, an$ that "urther in&esti%ation be un$ertaken re%ar$in% the <uestion o" %enoci$e. These t,o sessions o" the Permanent Peoples Tribunal on Sri Lanka ha&e been establishe$ in response to a submission ma$e b! the International ;uman >i%hts +ssociation Bremen 2I0>B3 an$ the Irish 6orum "or Peace in Sri Lanka 2I6PSL3. +s in the 6irst Session, here in Bremen a panel o" /u$%es consistin% o" e-perts in %enoci$e stu$ies, "ormer )5 o""icials, e-perts in international la, an$ reno,ne$ peace an$ human ri%hts acti&ists. 10 December 2013 International Human Rights Day PERMANENT PEOPLES TRIBUNAL General Secretary: GIANNI TOGNONI (ITALY) GENERAL SECRETARIAT: VIA DELLA DOGANA VECCHIA 5 00186 ROME Tel/Fax:0039 06 6877774 Email; tribunale@internazionaleleliobasso.it; filb@iol.it Web: http://www.internazionaleleliobasso.it

International tribunal in Germany to probe Sri Lankas genocide allegations

POST 07 DECEMBER 2013 BY RAMANAN VEERASINGHAM

Live Streaming of the Second Sessions of the People's Tribunal on Sri Lanka (Saturday 11.00 to 20:30 | Sunday 12:30 to 19:30 (US: 6:30 am to 13:30 EST)

| Monday 9:30 to 12:00 (US 3:30 am to 6:00 am EST) The wide-spread but credible allegations of genocide against the Sri Lankan State and charges of complicity with this crime against several other countries including the UK, the US and India are set to go before the Rome-based Permanent Peoples Tribunal (PPT) from December 7 to 10 in Bremen, Germany. Secretary General of the PPT Gianni Tognoni in a statement said that the PPTs eminent panel of judges will hear accusations of genocide against the Sri Lankan State and charges of complicity with this crime against several other countries. This is the second such high-profile session to be conducted by the PPT on Sri Lanka. The first phase of the Tribunal, held in January 2010 in Dublin, was the first ever international effort to investigate the allegations of war crimes and crimes against humanity committed during the final stages of the protracted conflict in Sri Lanka. Like in the first session, a respected panel of judges consisting of experts in genocide studies, former UN-officials, experts in international law and renowned peace and human rights activists will hear the evidence that is presented and make a determination, Gianni Tognoni said. Participation of direct victims The second phase will be held with the participation of direct victims as well as expert witnesses from Europe and several other countries. In addition to this, reports and documents compiled by different international and local organisations and human rights groups since 2009, will also be submitted to the Panel for a wider probe. At the end of the first session of the PTT session on Sri Lanka, the panel of judges had determined, that War Crimes and Crimes against Humanity had taken place on the Tamil population during the final months of the war in Sri Lanka. It also held that pressure from the UK and USA governments contributed to the breakdown of 2002 peace process between the Liberation Tigers of Tamil Eelam (LTTE) and the Government of Sri Lanka, precipitating the war. Although the charges put forward to the panel in January 2010 did not contain the accusation of genocide, due to the character of the evidence put before them, the PPT panel of judges determined that further investigation may be necessary regarding the pressing question of genocide.

Since then, the Permanent Peoples Tribunal has approved the submission of the International Human Rights Association Bremen (IMRV) and the Irish Forum for Peace in Sri Lanka (IFPSL). The PPT Secretary General said that the substantial new evidence submitted by the IMRV and IFPSL has necessitated a second round of investigations to determine whether Genocide has been and is being committed against the Tamil people in Sri Lanka. Mounting pressure for international probe This international probe into the allegations of genocide by the Sri Lankan State has come barely three weeks after visiting British Prime Minister David Cameron on the sidelines of the Commonwealth Heads of Government Meeting (CHOGM) in Colombo, set deadline for Sri Lanka to complete its own independent inquiry into the alleged war crimes and crimes against humanity by March 2014, to avoid facing an international war crime probe. The UN Expert Panel in March 2011 has already concluded Sri Lankan military has carried out systematic direct and indirect attacks, targeting hundreds of thousands of starving Tamil civilians, food convoys and hospitals several times during its efforts to wipe out the Tamil Tiger rebels. The UN panel said at least 40,000 people have been killed, but a later UN report suggested that the death toll could be 70,000 or higher than that. The scale of systematic violence and magnitude of the deaths and destructions are huge and unprecedented that even four years after the war, the actual count of the people killed during the final phase of the war remains unclear. The estimates range from 7000 to a mammoth 150,000. While rejecting all these allegations and call for independent international probe, the hawkish Rajapaksa regime continues to maintain it adopted a zero civilian casualty policy to the very end of the war. However, aimed at neutralising the mounting pressure for an international war crime probe, President Rajapaksa established a presidential commission of inquiry, named Lesson Learnt and Reconciliation Commission (LLRC) as a time-buying exercise with the mandate to look back at the conflict Sri Lanka suffered as well as to look ahead for an era of healing and peace building in the country. After much delays and fuss, the LLRC came out with its report, but it fell far short of expectations and ground realities. There was not a word about the burning issues of

war crime allegations and other abuses or international probe. It is rather unfortunate that many members of the international community are happy with the outcome of the LLRC and calling for its implementation while Sri Lanka is using its regional allies, such as China and India to defend itself at the international forums such as the UN.

6ollo,in% is the list o" /u$%es o" the PTTs eminent panel? abriele Della 0orte? A researcher and Professor of International Law at the Universit Cattolica di Milano. He was also Associate Professor in International system, institutions and rules, Charg de cours at the Acadmie de droit international humanitaire et des droits de l'homme of Geneva (2007-2008), counsel for the International Criminal Tribunal for Rwanda (ICTR) (2003-2004), Law Clerk for the Prosecutor Office of the International Criminal Tribunal for the former Yugoslavia (2000) and member of a government delegation for the establishment of the International Criminal Court (1998). #osC 'lDas 'ste&e 0olto: international lawyer and legal expert on Tibet. He is the main lawyer who researched and drafted both lawsuits for international crimes committed in Tibet and a recent one for crimes in Burma. He is a Professor in International Law at the University of Valencia.

Daniel 6eierstein? Director of the Centre for Genocide Studies at the Universidad Nacional de Tres de Febrero, Professor in the Faculty of Genocide at the University of Buenos Aires and a member of CONICET (Consejo Nacional de Investigaciones Cientificas y Tecnicas - The Argentine National Centre for Scholars). He has been elected as the president of the 'International Association of Genocide Scholars'. SC&ane aribian? An expert on Genocide and International Law. She is an Assistant Professor at the University of Geneva and Lecturer at the University of Neuchtel, where she teaches Legal Philosophy and International Criminal Law. Her work focuses on issues related to law facing State crimes.

;aluk er%er? A respected academic and a Middle East analyst who was imprisoned in Turkey for his political activism. He is known for his support for Kurdish people's right to self-determination.

#a&ier iral$o 0oreno? Colombian Theologian and human rights activist based in Bogota. Known for his depth of analysis in contextualising genocide affected communities. He is Vice-President of the Permanent Peoples Tribunal.

Denis ;alli$a!? Former Assistant Secretary-General of the United Nations. He resigned from his 34 year old career in the UN in protest of the economic sanctions imposed on Iraq by the Security Council. Laureate of the Gandhi International Peace Award.

0an"re$ E. ;in:? Professor for Public Law, Political Sociology and Sociology of Law at the University of Bremen, he has a long history of engagement in solidarity with liberation struggles in Africa, specially Namibia and the West Sahara. He, for several years, held the UNESCO chair for human rights and democracy of the University of Namibia whilst he was a professor there. ;elen #ar&is? She served as Chief of the Public Affairs Section from the inception of the the Extraordinary Chambers in the Courts of Cambodia (ECCC), the special Cambodian court which receives international assistance through the United Nations Assistance to the Khmer Rouge Trials (UNAKRT). The court is commonly referred to by the more informal name the Khmer Rouge Tribunal or the Cambodia Tribunal.

0aun% 7arni? A Burmese democracy activist who founded the Free Burma Coalition in 1995. He is one of the few Burmese intellectuals who have come forward to unconditionally oppose the increased discrimination and violence against the Rohingya Muslims and publicly criticised Aung San Suu Kyi on this issue.

F!steinT&eter? Norwegian scholar of International Law and a member of the Permanent Peoples Tribunal on extra-judicial killings and violations of human rights in the Philippines.

ianni To%noni? The Secretary General of the Permanent Peoples

Tribunal, Rome.

JDS