Sunday, February 25, 2018 06:36:37 AM


By Samantha - Mon Jul 18, 10:37 am

The international community appears to be accepting the Sri Lankan government’s position that international judges will not sit in judgment regarding war crimes committed during the course of the country’s civil war. The UN Human Rights Council resolution of October 2015 which the government co-sponsored left the situation ambiguous. It stated that there would be international participation of foreign and Commonwealth judges but did not specify in what form that participation would be.

Initially this clause in the UNHRC resolution was interpreted in the light of the report of the expert panel commissioned by the UN Human Rights Commissioner. This report recommended a hybrid court, which would have both Sri Lankan and international judges. The international community, and Tamil leaders in particular interpreted the UNHRC resolution to mean that international judges would be participating as sitting judges who would deliver judgments as to whether war crimes took place or not.

At an early meeting not long after the co-sponsoring of the UNHRC resolution by the government, Prime Minister Ranil Wickremesinghe addressed civil society activists and explained to them that Sri Lankan judges sat on international tribunals and there was nothing new in international judges taking part in Sri Lankan investigations. This has occurred when Prime Minister SWRD Bandaranaike was assassinated in 1958 and also again in 2007 when President Mahinda Rajapaksa invited an eminent group of international experts to advise a presidential commission into serious human rights violations.

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