Sumanthiran Can be Prosecuted in International Criminal Court
- Let us look at the definition and functions of the International Criminal Court (ICC).The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and international aggression.
- The Court is participating in a global fight to end brazen acts of injustice, and through international criminal law, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
- Justice is a key prerequisite for lasting peace. International justice can contribute to long‐term peace, stability, and equitable development in post‐conflict societies. These elements are foundational for building a future free of violence.
Based on the above-mentioned principle, the current political and military leaders of Sri Lanka can and should be prosecuted.
Anyone who works to help an oppressor evade the legal consequences of war crimes is also committing a crime. We can call this as “Obstruction of Justice.“
Obstruction of justice is legally defined as the crime or act of willfully interfering with the process of justice and law especially by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process.
Now take the case of M.A. Sumanthiran:
- He is a card-carrying member of the (United National Party) UNP. He encouraged the (Tamil National Alliance) TNA to implement UNP policies such as helping Sinhalese war criminals. It is a crime to help war criminals. According to him the Tamil victims are his clients and that he is working for their benefit, but this a lie.
- When Sumanthiran went to London as a nominated TNA MP, he insisted that war crime case would take 30 or 40 years. This was a blatant act of dishonesty intended to cheat his Tamil clients. In comparison, the War Crime tribunal for former Yugoslavia took place within two years of the end of the ethnic conflicts.
- Furthermore, Sumanthiran said in London that members of the Tamil diaspora community will be incriminated and indicted for helping (Liberation Tigers of Tamil Eelam) LTTE. This was propaganda. The true war criminals are the Sinhalese military leaders and political leaders. No single diaspora Tamil was arrested in Europe or America for any international crimes. There is no LTTE commanders alive except Mr. Karuna from Batticaloa. This is willfully interfering, influencing, threatening, and harming the Tamil victims who are Sumanthiran’s clients.
- Mr. Sumanthiran always repeated in his speeches that we have to investigate both sides (i.e., military and LTTE). But we thought Sumanthiran was a Tamil side lawyer or MP elected by Tamils to help the Tamils. Why would he intimidate Tamils to believe that their side has to be investigated? This is a threat to Tamils from Sumanthiran in order that the subject of war crimes would be dropped. It is also obstruction of justice.
- Sumanthiran promised to Tamils with his election a manifesto for merged Federalism in the north-east.This was also a lie. He never asked for a merged federal setup in the north-east. Instead, he came out debated that the north-east merger cannot be done and instead of federalism, he supported a unitary state (Ekkiy Rajja) and campaigned for it. This will weaken Tamils by separating us and leaving us defenseless or voiceless in the face of more exposure to Sinhalese pogroms.
- Two years after first resolution, Sumanthiran said the investigation was over. This too was a lie. What happened with the (United Nation Human Rights Council) UNHRC was that it examined the validity of an accusation of war crime before trial. The trial should go to ICC. Sumanthiran made a deal to bring the case to Sri Lankan local court instead of ICC. In doing so, Mr. Sumanthiran betrayed the Tamils yet again.
- Sumanthiran had reason to extend the UNHRC resolution for another two years because he said Tamils have no other alternative. Even if it were taken to the UN security council, he insisted, the resolution would be vetoed and the rest would be history. It is simply not true. A resolution in the UN security council can be reintroduced many times (every year) by any member state that is part of UN security council. After hearing this, Mr. Sumanthiran wanted to extend the resolution for another two years for to have international supervision in Sri Lanka. His reasons are varying. He is an extremely manipulative deceiver. It is another example of obstruction of justice.
- Regarding the war crime case, the decision was taken entirely by himself, with no one allowed to advise him. He acted as if it were his own own agenda, not the Tamil people, and he deceived us in the process.
- Last week Sumanthiran replied to his UNP boss Ranil that he is willing to forgive the Sinhalese war criminals after the investigation by the Sri Lankan legal system. This is a violation the victims’ rights; only the victims can decide to grant forgiveness or not.
We can list all of Sumanthiran’s lies and prove his past and present proximity with the Sinhalese UNP party. It is the policy of UNP to disunite the Tamils and use its puppet Sumanthiran to sweep the war crime topic under the rug. Like the war, Sri Lankan wants to prolong the idea of a political solution and the war crimes issue for a few more years, by this time changing the Tamil demography of the population by settling Sinhalese in the north-east. Sri Lanka thinks that as a result the Tamils will lose their political voice and thus the Tamil problem will magically disappear.
By the standards established by the ICC, Sumanthiran can be charged for obstructing justice and even as a genocide enabler.
This may be the true reason Sumanthiran does not want to take the Sri Lankan war crime investigation to the ICC.
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