Partner Richard J Rogers was engaged by the Transnational Government of Tamil Eelam (TGTE) to provide expert advice on the crimes committed in Sri Lanka towards the end of the civil war, in 2009. GD drafted a report (“Resource Material”) on the accountability mechanisms required to address effectively those crimes. The report was distributed by the TGTE in Geneva during the HRC’s 30th session.
The introduction to the report reads:
“The Resource Material is produced in connection to the ‘Report of the Office of the United Nations High Commissioner for Human Rights on Promoting Reconciliation, Accountability, and Human Rights in Sri Lanka’ (the ‘OHCHR Report’) and the accompanying ‘Report of the OHCHR Investigation on Sri Lanka’ (the ‘OISL Report’). As both reports clearly demonstrate, the tens of thousands of victims of Sri Lanka’s protracted civil war must receive meaningful justice, and those accused of any crimes must be afforded a fair trial in line with international standards. A failure to deliver real justice will inhibit reconciliation and exacerbate instability. Accordingly, and for the reasons set out below, the UN Human Rights Council and its members are urged to facilitate the creation of a truly independent hybrid criminal tribunal to prosecute the international crimes documented in the OISL Report
The Resource Material focuses on the challenges relating to a hybrid criminal tribunal for Sri Lanka. It is recommended that, in addition to establishing a hybrid court, the UN Security Council should refer the situation in Sri Lanka to the International Criminal Court in The Hague (‘ICC’). With this combination, the ICC could prosecute the 4-6 persons deemed ‘most responsible’ for the crimes, whilst the complementary hybrid court could prosecute the remaining suspects.”
The full report is available here.
NOTE: TGTE is a Tamil Diaspora entity formed through a democratic electoral process held in twelve countries. TGTE does not claim to be a government in exile and its constitution mandates that it realize its political goals through peaceful means.