Abusing international conventions
Sarath Wijesinghe
Humanitarian laws, part of International Law are mainly based on
'humanity'. It has branched into the law of The Hague - Law of War -
Geneva Law - and Humanitarian law. These Conventions lay down guidelines
on the conduct of nations during wars and peace on individual and
collective human rights.
Tragedies and catastrophes are frequent occurrences in less
economically developed regions due to imbalance of resources and power
struggles of regional and global super powers. These are rampant in the
African region and then in Asia, the main reason for escalation being
the direct and indirect intervention of superpowers and regional powers
for political and economic supremacy.
Slave labour
War crimes are violations of laws on international law, acts against
humanity and customary law, which is flexible and ever changing based on
circumstances and ground situations. Murder, ill treatment to civilians,
slave labour, ill treatment and killing hostages, torture, wanton
destruction to property, force prisoners of war to swerve, unlawful
confine, attack against civilians, killing surrendered citizens and
combatants are some war crimes amongst many.
The Hague Convention of 1899 and 1907 and Nuremberg principles have
defined crimes against peace and humanity and the International Criminal
Court was set up in Hague on July 2002 with strong protests from some
countries who refused to accept the jurisdiction and participation in
deliberations.
Humanitarian law
Who should be prosecuted and who should be on the Electric Chair
under International Law is pretty obvious looking back at the dark track
record of Prabakaran and LTTE he founded and led over three decades
committing almost all the acts against humanity catalogued under
humanitarian law.
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‘Tamil Diaspora’ who are settled in other parts of the world
taking the shelter of the Refugee Convention |
It is sad that some Diplomats have been utterly undiplomatic and
acting against the Vienna Convention on Diplomatic relations and all
norms and practices under international law and international Relations.
Instead of crediting President Rajapaksa who brought the terror campaign
of LTTE to this pathetic state which has been a threat to world peace
over three decades, in less that three years there are suggestions to
deal with the President and the country under international law by way
of prosecutions and sanctions.
It is not possible to put President Rajapaksa and Sri Lanka into
difficulty as long as we have good friends like USSR, China South Asia,
Middle East and African Sub Continent and the backing of the Sri Lankan
citizens who will sacrifice anything for the President and his
leadership to eradicate terror and bring peace and prosperity to the
Nation.
Due to State responsibility under international law, States and
leaders are made responsible in the past and not necessarily the war
lords, individuals and groups responsible for acts against humanity.
They can freely take cover under the NGOs and manipulate media with
funds illegally accumulated. State responsibility towards citizens and
other states have been strengthened with the adoption of ILC in 2001, by
the development of international human which applies to all individuals
whether aliens or nationals.
Emperor of Japan was found guilty after world war two, and then
president Milosevic on March 11, 2006 for genocide. Former Liberia
President Carls G Taylor was found guilty and the inquiries on Bosnian
President Karadic and Omar-Al basher- current head of Sudan are being
inquired into.
The current Sri Lankan issue is unparalleled in human history on any
standard. Prabakaran and the LTTE is considered to be the most feared,
ruthless and organised terrorist organisation waging war against
legitimate elected governments for over three decades. Catalogue of
destruction and crimes against humanity committed by LTTE is well
documented and known to the world.
Illegal trade
The power behind LTTE is the organised world network, illegal trade
including human smuggling, drug and other illegal trades, and a part of
'Tamil Diaspora' who are settled in other parts of the world taking the
shelter of the Refugee Convention in which the legal jurisprudence is
fast growing.
The fall of LTTE will have direct impact on the organisation which is
still active in the guise of frontline organisations and agents planted
in international organisation over a period of 30 years.
Theory of the survival of the fittest and the law of the jungle
applies to members in the world family too, which have prioritised
economic benefits over humanity. Those who are rich and powerful will
always succeed. To their surprise the LTTE, one time most vociferous,
powerful and organised terror organisation has fallen to the ground.
USA named and shamed LTTE as the most feared and ruthless terrorist
organisation whose representatives in Sri Lanka is trying to negotiate a
pause and peace with the dying Tiger leader and the movement.
He has not denied the allegation of Sri Lanka Law maker Wimal
Weerawansa of suggestions to deal President Rajapaksa and Sri Lanka
under Humanitarian law on ill treatment of civilians.
Not a Hum by any world leader or and organisation to prosecute
Prabakaran the LTTE leader for the Human Shield, wanton destruction of
properties and killing of thousand and thousands of innocent citizens -
mostly Tamils, world and local political leaders of all ethic
backgrounds.
Now the trend is changing as the LTTE is on the run. The United
Nations Security Council which is meant to maintain international peace
and security was concerned on the Sri Lankan situation due to vociferous
LTTE and front organisational propaganda that has changed the tune in
favour of Sri Lanka.
Tamil Net the LTTE website has surprisingly reproduced "The security
Council members we welcome the news, that tens of thousands of civilians
have escaped from the confined area in the past few days, and urge safe
evacuation of the civilians - Security Council we strongly condemn LTTE
terror organisation for using civilians as 'Human Shields'"....
Misguided Diaspora
Still there are danger areas and concerns for Sri Lanka
internationally as LTTE still has large amount funds and misguided
Diaspora influencing the law making flexing their muscles on the power
of franchise, and funds in USA, Canada, Australia and the United Kingdom
which is fading away. Worrying issues are some adverse news and
propaganda still hovering around in the anti Sri Lankan lobby.
"UK discusses SL issue with India - David Miliband, Pranab Mukerjee
and among world leaders who are concerned - UK ready to ready to help
Sri Lanka for a political settlement - are some worrying statements. The
good news is that the trend is now changing with the fall of LTTE.
The opposition in Sri Lanka has a major responsibility at this
juncture and this is the ideal opportunity for unity and reconciliation
and to shed narrow political issues and to be magnanimous and to extend
the GOOD OFFICE towards the President for a government of unity and
reconciliation at least for a short while.
I am sure like the Conservatives in the UK who are on the way for an
easy win over Labour in the next elections - the only way to the main
opposition is to take the side of the Nation for the benefit of
everybody. It is the duty of our professional and intelligentsia in Sri
Lanka and worldwide too to be active and act fast. |
