I allege the Srilankan state commits the most serious crimes of concern to the international community as a whole .
I contend that independent investigation of international standards by International Judicial System like INTERNATIONAL CRIMINALCOURT( ICC) is indeed needed to explore the current scenario as such, in the protracted conflict prone Srilankan State which has the jurisdictions to examine and prosecute the srilanka for the following most serious crimes of concern to the international community as a whole viz:
1. GENOCIDE,
2. WAR CRIMES,
3. CRIMES AGAINST HUMANITY
.
I allege the multiple individual different acts in a well coordinated plan committed during the final phase of the war in TAMIL EELAM( termed mercilessly as a humanitarian mission intended to release the incarcerated people from the clutches of the so called terrorists- LTTE.)which they themselves constitute war crimes and crimes against humanity and are carried out in a systemic fashion with a specific intent to destroy a whole or in part of tamil ethnic group as such.. And the conduct took place in the context of a manifest pattern of similar conduct directed against the tamil ethnic groups.
I allege the following persons committed the most serious crimes of concern to international community as whole in the genocidal war against the tamil ethnic groups living in the srilanka and for their role in the furtherance of the genocidal massacres,with provable mode of liability as both individual responsibility and superior command responsibility who are about to escape from the justice due to state impunity prevailing over longer duration of time in srilanka if they were to prosecute in the srilankan national courts ,or srilankan state conceived judicial mechanisms.
Mr.MAHINDA RAJAPAKSE(srilankan president),
Mr,KOTHAPAYE RAJAPAKSE(defense secretary),
SARATH FONSEKA (former army general),
PASIL RAJAPAKSE (minister),
PALITHA KOHANA(former minister),
ROHAN GUNARATNE abettor and aider working in Singapore university ,
KEHELIYA RAMBUWAKELLA (spokesperson),
military personnel like JAGATH JAYASURIYA,JAGATH DIAS SHAVENDRA DESILVA CHAGIE GALLAGE,PRASANNA DESILVA NISHANTH WANNIARCHCHI,ROHANA BANDARA,SATYAPRIYALIYANGE, KAMAL GUNARATNA
.
MOST SERIOUS CRIMES OF CONCERN TO INTERNATIONAL COMMUNITY AS WHOLE
The crime of genocide( Article 6 rome statute of the ICC)
ELEMENTS OF CRIME OF GENOCIDE
Conduct: material or physical element
This the particular area of concern where the international independent investigation is terribly needed and is of immense help to uncover the submerged or undetected or destroyed evidences of brutal atrocities occurred not only in the fag end of the war but also in the entire EELAM -SRILANKAN conflict of more than 30 years where only the tip of the iceberg of the following conducts (article 6 of rome statute) in relation to the tamil genocide is clearly seen.
Killing members of the group;( Article 6 (a) CPPCG article -2)
Srilanka killed ruthlessly about one lakh civilians in general and about 50.000 innocent tamil civilians in particular during the final phase of the war, though UNO declared the death toll of about 7000 the real scenario was about 50000 deaths occurred particularly due to the srilankan state as evidenced from the satellite imagery and independent assessment of some international agencies.
Causing serious bodily or mental harm to members of the group Article 6 (b)
Although tens of thousands deaths occurred, the mentally and physically injured ones are about five times the death estimates as per any war causality calculations. Loss of husbands to the wives and loss wives to the husbands ,loss of parents to the children and loss of children to the parents are the usual scenario now in the tamil eelam. In the three year period under Rajapaksa regime there have been nearly 3000 extra-judicial killings, an average of 3 civilian killings every day.and more than 3000 documented cases of disappearances, which create immense bodily and mental harm to tamils.
Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part Article 6 (c)
Agricultural and fishing activities which are required for the very existence the tamils are totally and deliberately destroyed .hospitals ,educational institutions are totally razed down to earth. Worship places like temples ,churches also did not get spared. The approach transport roads are all destroyed and people movement is largely restricted due to still existing landmines fields in the vicinity of the living places.
Imposing measures intended to prevent births within the group Article 6 (d)
Srilankan state killed or subject to enforced disappearances about sixty percent of the male youths, rendering enormous number of wives as widows and wilfully kept separately the male and females in the screening camps as enslaved or in coercion or unlawfully isolated the tamil youths for longer duration under the cover to prosecute or rehabilitate and thereby hindering the usual reproduction process in the tamil ethnic groups.
I contend that the perpetrators intentionally killed thousands of tamil civilians , members of an ethnic group, by means of high explosive weapons of mass destruction like cluster ammunitions ,chemical weapons on more than 1000 occasions since 2005 and innumerable number of times for the past 30 years. As evidenced from the fact announced by one srilankan former minister told that about lakhs of tons of explosive material dropped in vanni area of tamil eelam which is proportionately on the higher side as for as eelam war point is concerned when compared to the other equivalent war point in other corners of the world. And that such conducts taking place in the context of the war on the terrorism and protection of the state sovereignty. Government created a manifest pattern of similar conduct throughout eelam and as such constitutes genocide by killing.
Tamils people are the only people killed in the violent conflict,though the srilanka comprised of Sinhalese,tamils, muslims. The sole reason for targeting and killing these men, women and children is that they are tamils living inthe srilanka.-SUCH PERSON BELONG TO A PARTICULAR ETHNIC GROUP-TAMILS
Mental elements
Mens rea or specific intent to destroy,in whole or,in part as such (dolus specialis)
• Deaths of victim group members cannot be explained as an accident,
• There is evidence that the destruction was repeated by design and had a foreseeable outcome (destruction of the victim group),
• There is evidence that orders or authorization were given for the destruction,
• The authorization came from up the chain of command,
• There is evidence that the pattern of attacks and destruction was planned or organized,
• Individuals or groups who carry out the attacks were not punished.
This can be clearly inferable from the perpetrator published statements like final battle to wipe out terrorists at any cost of lives lost or damages occurred by the president MAHINDA RAJAPAKSE ,Srilanka is only for Sinhala people and the tamils should learn to live as minorities under the governance of majoritarians as told by sarath fonseka and in spite of other countries repeated appeal to sort out the differences politically the srilankan perpetrators especially kothapaya rajapakse’s published messages are in favour of furtherance of genocide.
Choice of weapon. If the perpetrators have no intention for genocidal acts they would have resorted to many number of alternate methods in accordance with international standards to quell the violence and wipe out LTTE. Srilankan state’s deliberate utilization of chemical weapons which is intended for large scale of tamils deaths and cluster ammunitions [an indiscriminate weapon of mass destruction containing up to 256 bomb lets] if they intend to kill large numbers of men, women and children within three kilometres of the target and all sort of high explosive weapons on the civilians even after alleging that the LTTE were using innocent people as human shield and they were hiding behind the people .At this juncture the intent which is clearly inferable is not only to destroy LTTE alone but to kill innocent people with the knowledge that committed actions lead to large scale of human losses.
The violent and the unlawful war waged by the perpetrators rejecting all means of other peaceful modalities of conflict resolution and after deliberately breached the peace deal brokered by Norway with the help of other countries of loco-regional and international influence provoked by minimal stimulus clearly shows the war is not meant for restoration of peace but to wipe out LTTE and TAMILS as whole, or in part
Eelam war is the only war without any ample evidence in this modern era and there is no possibility of independent documentation because war is waged with complete iron screen around where outside world knows very little about the real picture of violence.
Absolute obstruction of the activities of the international agencies starting from conflict resolution to rendering helps and aids for the needy affected civilians, combatants, non combatants,
Destroying of the hospital premises and other places of vital importance where food and other essentials provided,
Declaring no fire zone and asking people to move to that area and with heavy weapons they used to kill the innocent ones even after confirming and declaring that the LTTE uses humans as shield,
Striking with heavy firing weapons ,and weapons of mass destruction like chemical weapons, cluster ammunitions.
Shooting at the surrendered and the repelled the crowd back into the conflict area and carrying out atrocities in the name of hunting terrorists hiding with the people,
Though the incarcerated in the so called no fire zone contains more than three lakhs people ,defence secretary declaring that all non combatants are rescued and others would be treated as combatants and would be dealt militarily,
Declaring some few thousands of terrorists only hiding in the no fire zone as against the real situation of lakhs of people incarcerated in the zone and desired to annihilate all the lakhs of people are all established facts from which the specific intent to destroy the tamil ethnic group in whole,or,in,part as such is clearly inferable..
The srilankan military involved in the wiping out of LTTE ,actually with allmost all extreme terror tactics pushed the entire population get displaced from the original habitats and got confined to a small area creating the picture that receding LTTE carried away all people as human shield or held hostages .which is ridiculous to prove for the small group who is in the combat mode taking such a large population of more than three lakhs .as hostages.
Holding a large population in a small holed up area tells the required intent of the perpetrators and provides provable context within which the genocide could be spiralling out in an unprecedented fast pace.
. The culture of impunity which prevails over for longer duration as codified in the srilankan national judiciary and the lack of reconciliation either psychological or material like economical clearly shows the specific intent to destroy the tamil ethnic group in whole, or in part as such and the specific intention in furtherance of the genocidal campaign against the protected tamil groups where the goal or the manifest effect of the campaign was the destruction of the tamil groups.
From the above seen happenings during the final phase of war the required intent which comprises general intent (dolus) in relation to individual acts to bring about the destruction in whole or in part of tamil ethnic group as such and specific intent to destroy (dolus specialis)with regard to the collective, overall genocidal actions is clearly inferable.
The perpetrator undeniably aware of the fatal impact that the killings would have on the tamil community and aware of the consequences of the desired acts will occur in the ordinary course of events.
Extreme forms of willful and deliberate acts committed with a desire to destroy the tamil ethnic group in whole.or.in part ,as such.
Perpetrators with clear knowledge of the result of the intended acts, consciously desired his merciless activities that committed to result in the achievement of the desired goal i.e the destruction of tamil ethnic group in whole or, in part as such
Contextual or circumstantial elements
The conducts took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction. The conduct, the srilankan government’s policy of waging war with LTTE and using armed forces especially cruel aerial bombardments in attacks against tamil innocent civilians was repeated innumerable number of occasions before for the past 30 years, the past and the present regime ‘s merciless acts of keeping entire tamil eelam region under siege for longer duration and obstructing the international aids during tsunami which struck entire tamil eelam region –a de facto state under LTTE rule which might be unable to cope up with the enormous demand of alarming situation , killing tens of thousands people with an intent to deliberately inflicting upon tamil ethnic group condition calculated to bring about physical destruction. The black july of 1983 which is an yet to be an acknowledged crime of genocide with all necessary components and required elements and was thus a manifest pattern of similar conduct directed against the group. In addition every armed attack in which weapons were used against LTTE’ during the invasion and armed occupation was designed to kill people in the vicinity and as such was conduct that could itself effect such destruction
The crimes against humanity
I allege that the srilankan state committed innumerable ruthless, barbaric acts in violation of the following articles( rome statute of the ICC)regarding crimes against the humanity
Article 7 (1) (a)
Crime against humanity of murder
Article 7 (1) (b)
Crime against humanity of extermination
Article 7 (1) (c)
Crime against humanity of enslavement
Article 7 (1) (d)
Crime against humanity of deportation or forcible transfer of population
Article 7 (1) (e)
Crime against humanity of imprisonment or other severe deprivation of physical liberty
Article 7 (1) (f)
Crime against humanity of torture
Article 7 (1) (g)-1
Crime against humanity of rape
Article 7 (1) (g)-6
Crime against humanity of sexual violence
Article 7 (1) (h)
Crime against humanity of persecution
Article 7 (1) (i)
Crime against humanity of enforced disappearance of persons
Article 7 (1) (k)
Crime against humanity of other inhumane acts
War crimes
I allege that the srilankan state committed innumerable ruthless, barbaric acts in violation of the following articles( rome statute of the ICC)regarding Article 8 (2) (a) (i)War crime of willful killing
Article 8 (2) (a) (ii)-1War crime of torture
Article 8 (2) (a) (ii)-2
War crime of inhuman treatment
Article 8 (2) (a) (iii)War crime of willfully causing great suffering
Article 8 (2) (a) (iv)War crime of destruction and appropriation of property
Article 8 (2) (a) (vi)War crime of denying a fair trial
Article 8 (2) (a) (vii)-1War crime of unlawful deportation and transfer
Article 8 (2) (a) (vii)-2War crime of unlawful confinement
Article 8 (2) (a) (viii)War crime of taking hostages
Article 8 (2) (b) (i)War crime of attacking civilians
Article 8 (2) (b) (ii)War crime of attacking civilian objects
Article 8 (2) (b) (iv)War crime of excessive incidental death, injury, or damage
Article 8 (2) (b) (v)War crime of attacking undefended places
Article 8 (2) (b) (viii)The transfer, directly or indirectly, by the Occupying Power of parts of its own
Civilian population into the territory it occupies, or the deportation or transfer
Of all or parts of the population of the occupied territory within or outside this
Territory
Article 8 (2) (b) (ix)War crime of attacking protected objects45
Article 8 (2) (b) (x)-1War crime of mutilation
Article 8 (2) (b) (xi)War crime of treacherously killing or wounding
Article 8 (2) (b) (xiii)War crime of destroying or seizing the enemy’s property
Article 8 (2) (b) (xvi)War crime of pillaging
Article 8 (2) (b) (xvii)War crime of employing poison or poisoned weapons
Article 8 (2) (b) (xix)War crime of employing prohibited bullets
Article 8 (2) (b) (xxii)-1War crime of rape
Article 8 (2) (b) (xxii)-6War crime of sexual violence
Article 8 (2) (b) (xxiii)War crime of using protected persons as shields
Article 8 (2) (b) (xxv)War crime of starvation as a method of warfare
Article 8 (2) (c)
Article 8 (2) (c) (i)-1War crime of murder
Article 8 (2) (c) (iv)War crime of sentencing or execution without due process
Article 8 (2) (e)
Article 8 (2) (e) (i)
War crime of attacking civilians
Conclusion:
The world which conceived ,resolved and proclaimed the phrase never again in the aftermath of the holocaust but the very same crimes of international concerns are again and again shamefully committed in the tamil eelam region by the srilankan state in the name of war against terrorism and protection of sovereignty and territorial integrity.The culture of impunity ,the lack of reconciliation, furtherance of genocidal campaign and still evolving genocidal acts once again compel the civilized world and international bodies upholding the human rights in every corner of the world to intervene in srilankan affairs regarding commissioning of most serious crimes of concern to the international community as a whole by the that state and bring the individual perpetrators of the above said crimes to justice.
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