Sunday, February 18, 2018 11:04:08 PM

INTERNATIONAL PARTICIPATION TO DEAL WITH THE PAST–Jehan Perera

By Samantha - Sun Mar 06, 10:48 pm

The visit by Foreign Minister Mangala Samaraweera to the United States last month, and his assurance that the Sri Lankan government is contemplating international participation in the post-war acccountability process is an indicator of the pressure that the government is being subjected to on this issue. Neither the improvement in relations between Sri Lanka and the Western-led international community, nor the improvement in the human rights situation on the ground, is getting the international community to relent on the issue of international participation. However, there appears to be a willingness to give the government more time. The UN Human Rights Council resolution, which was co-sponsored by the Sri Lankan government last October, had highlighted “the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defense lawyers and authorised prosecutors and investigators.”

On the one hand, there are technical and credibility-centred reasons for having international participation in an accountability process that concerns the war. The first is that crimes associated with war are not part of Sri Lanka’s present legal framework. War crimes are a well developed part of international law but not of Sri Lankan law. Therefore the Sri Lankan legal community has little or no experience of dealing with the laws relevant to war, such as principle of proportionality and command responsibility in military action. This gives rise to a need for international legal expertise to be brought in, at least for an initial period of time. On the other hand, the credibility centred reason for international participation stems from the lack of confidence of the Tamil polity in the Sri Lankan judiciary at the present time….

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