புதன், 26 மார்ச், 2014

UN resolution neither prevents nor punishes GoSL genocide, says Boyle

UN resolution neither prevents nor punishes GoSL genocide, says Boyle

[TamilNet, Wednesday, 26 March 2014, 03:18 GMT]
While noting that "“investigation” by the UNHCR is better than nothing—with all due and sincere respect for the UNHCR," Professor Boyle, an expert in international law, said, dissemination of that “investigation” will be subject to the control of the UN Human Rights Council for political reasons and the dissemination of that UNHCR “investigation” will be dragged out for as long as possible by the Human Rights Council, thus enabling the GOSL to continue its campaign of ongoing genocide against the Tamils despite the requirement of article 1 of the Genocide Convention that every UN Human Rights Council state member is obligated both “to prevent and to punish” the GOSL genocide against the Tamils," Boyle said.

Pointing to the following text in the UN resolution
    ...requests the High Commissioner to ... b) to undertake a comprehensive independent investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka, during the period covered by the Lessons Learnt and Reconciliation Commission, and establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with input assistance from relevant experts and special procedures...
Professor Boyle, in a note sent to TamilNet, said:

"After five years we are still not going to get an outside, independent commission of inquiry into GOSL atrocities committed during the genocidal massacre at Vanni against the Tamils. Instead of that we are going to get an “independent investigation” by the UN High Commissioner for Human Rights.

"Notice the verbal chicanery involved here that reduces an “independent commission” to an “independent investigation” by the UNHCR, which are not the same thing. One would expect any “investigation” by the UNHCR to be “independent, ” so the language is redundant.

"I guess the Americans figure they can placate us with this obfuscatory language. Obviously, an “investigation” by the UNHCR is better than nothing—with all due and sincere respect for the UNHCR.

"Meanwhile the dissemination of that “investigation” will be subject to the control of the UN Human Rights Council for political reasons and the dissemination of that UNHCR “investigation” will be dragged out for as long as possible by the Human Rights Council, thus enabling the GOSL to continue its campaign of ongoing genocide against the Tamils despite the requirement of article 1 of the Genocide Convention that every UN Human Rights Council state member is obligated both “to prevent and to punish” the GOSL genocide against the Tamils.

"This third draft American resolution neither “prevents” nor “punishes” GOSL genocide against the Tamils. It is simply part of a Stall And Delay Strategy by U.S. Secretary of State John Kerry going back to his infamous Report in Support of the GOSL against the Tamils when he was Chair of the U.S. Senate Foreign Relations Committee that I have already previously commented upon and will not repeat here again but can be found in the archives."

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