War Crimes Complaint Filed Against Former Australian DFAT Official

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FOR IMMEDIATE RELEASE on 22 February 2011 – www.australiantamilcongress.com

 

War Crimes Complaint Filed Against Former Australian DFAT Official

 

Tamil rights groups submitted a complaint to the International Criminal Court (ICC), calling on it for the investigation of Dr. Palitha Kohona, a dual Sri Lankan-Australian national and former senior official at the Australian Department of Foreign Affairs and Trade. Dr. Palitha Kohona is alleged to have been involved in war crimes against Tamil civilians in Sri Lanka.

 

The two leading organisations involved in the submission are US-based Tamils Against Genocide (TAG) and the Swiss Council of Eelam Tamils. “The argument thus far has been it is impossible to file at the ICC because Sri Lanka is not a signatory to the Rome Statute. However, Australia is a signatory, and Kohona's dual nationality creates a jurisdictional workaround for this crime,” says Rajeev Sreetharan who leads the TAG team.

 

In Australia, the Australian Tamil Congress (ATC) has continued to gather evidence of war crimes committed in Sri Lanka during the last five years. “Many in the Australian Tamil community have lost loved ones due to what strongly identify as war crimes by Sri Lankan officials onto the Tamils. If a potential criminal is an Australian citizen, this raises questions of whether Australia will indirectly protect a war criminal or whether it will assert its jurisdiction over this crime,” says Dr. Sam Pari, spokesperson for the ATC.

 

Dr. Kohona was one of a number of senior officials who had negotiated a surrender agreement promising prisoner-of-war status for 3 senior Liberation Tigers of Tamil Eelam combatants and up to 40 accompanying civilians. There is strong evidence to suggest that these surrendees were executed after their surrender. The submission calls upon an independent investigation into what unfolded during and since their surrender and focuses on all senior United Nations (UN) and Sri Lankan government and military officials involved.

 

In the months prior to May 2009, during the final stages of the war in Sri Lanka, up to 40,000 civilians, notably Tamils were estimated to have been killed. Human rights groups such as Amnesty International, International Crisis Group and Human Rights Watch have continuously called for an international independent inquiry into war crimes but the Sri Lankan government has been defiant. The UN has since established an ‘Expert Advisory Panel’ but there has been hardly any progress.

               

Media contact:
Dr. Sam Pari, Australian Tamil Congress – 0433 428 967


 

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    The Australian Tamil Congress welcomes the shift in the international community’s stance on issues of war crimes in Sri Lanka.

     

    On Wednesday, the Australian Senate unanimously passed a motion jointly moved by Sen. Lee Rhiannon, Sen. Gary Humphries and Foreign Minister Bob Carr calling on Australia to support a United Nations Human Rights Council (UNHRC) resolution.

     

    Last night the United States led resolution was passed at the UNHRC calling on Sri Lanka to implement the constructive recommendations of its internal inquiry, the Lessons Learnt and Reconciliation Commission (LLRC), while pointing out the LLRC report does not however adequately address serious allegations of violations of international law.

     

    “We appreciate Australia openly calling Sri Lanka out on issues of war crimes and accountability,” said Dr. Sam Pari, spokesperson for the Australian Tamil Congress. “The UNHRC resolution is finally an acknowledgement by the international community that Sri Lanka needs to address serious issues of accountability. However, the resolution is only a small first step and our call for international independent inquiry will continue until Tamils achieve the justice they deserve,” she added.


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    Michelle Rowland MP -Member for Greenway

    Australian Parliament supports international calls for investigation into alleged war crimes in Sri Lanka


    Federal Member for Greenway, Michelle Rowland, welcomed the Australian Parliament support for a motion supporting the US-led resolution at the UN Human Rights Council which amongst other recommendations urges Sri Lanka to investigate allegations of war crimes and human-rights abuses during the war by all parties.

    The joint motion was moved by the new Minister for Foreign Affairs, Bob Carr and calls for an independent investigation into all  allegations of war crimes, including those outlined in the UN Secretary-General s Panel of Experts report.

     We must look to move Tamil relations and justice for Tamils forward in a constructive and meaningful way,  Ms Rowland said.

     Accountability will be a crucial part of reconciliation and lasting peace in Sri Lanka.

     That is why I have been a strong advocate for an independent, transparent investigation into allegations of war crimes in Sri Lanka.

     I have watched with horror the UK s Channel 4 documentary which showed extended footage of executions of Tamils and other crimes 
    against humanity.

     With the persecution of people in Sri Lanka causing thousands of people to flock to Australia in search of asylum, peace and stability in the island of Sri Lanka will also benefit Australia.

     The Parliament s recent support for the US led resolution at the UN Human Rights Council which urges an independent investigation is a 
    testament to the commitment and dedication of Tamil leaders, including the members of the Australian Tamil Congress.

     I look forward to working with the Tamil community in my electorate to ensure the cause of justice continues.

    Contact: Dominic Ofner (0407 678 564)
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    A timely motion has been passed unanimously today in the Australian Senate, voting to give bipartisan support for the US-led resolution on Sri Lanka at the UN Human Rights Council (UNHRC).

    As you are aware the 19th session of the UNHRC in Geneva is currently debating a US-led resolution on Sri Lanka. The Australian Senate motion being passed only days before the final vote at the UNHRC will give strength to the UNHRC vote taking place on Friday 23 March 2012 and counteract the intense lobbying by the Sri Lankan Government to ensure the UNHRC resolution is not passed.

    The following motion was moved by Greens Senator Lee Rhiannon, Foreign Minister Bob Carr and Senator Gary Humphries. The Australian Tamil Congress has been tirelessly lobbying Members of Parliament and Senators on issues of war crimes and we are confident that our continuous advocacy has bore fruit. However, we are aware that the US-led resolution is only a first step and we will continue to lobby for an international independent investigation to achieve the true justice for our Tamil brethren.

    Kind regards,
    Australian Tamil Congress

    MOTION PASSED ON 21 March 2012
    1) The Senate notes:
    a. On the 13th of February 2012, the then Foreign Minister Kevin Rudd issued a media release in response to the Sri Lankan Lessons Learned and Reconciliation Commission (LLRC) final report that stated:
    i. The LLRC report contains constructive proposals for advancing reconciliation and reconstruction, including through reducing the presence of security forces in the North, care of internally displaced persons and media freedoms;?


    ii. The Australian Government has consistently urged Sri Lanka to investigate all allegations of crimes committed by both sides to the conflict, including those raised in the UN Secretary-General's Panel of Experts report;


    iii. In light of the report's failure to comprehensively address such allegations, the government continues to call on Sri Lanka for all such allegations to be investigated in a transparent and independent manner.

    2) The Senate calls on the Australian government, as a minimum, to support efforts to secure a US initiated resolution on Sri Lanka at the 19th Session of the UN Human Rights Council, through the Australian permanent representative in Geneva.
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    A timely motion has been passed unanimously today in the Australian Senate, voting to give bipartisan support for the US-led resolution on Sri Lanka at the UN Human Rights Council (UNHRC).

    As you are aware the 19th session of the UNHRC in Geneva is currently debating a US-led resolution on Sri Lanka. The Australian Senate motion being passed only days before the final vote at the UNHRC will give strength to the UNHRC vote taking place on Friday 23 March 2012 and counteract the intense lobbying by the Sri Lankan Government to ensure the UNHRC resolution is not passed.

    The following motion that was moved by Greens Senator Lee Rhiannon, Foreign Minister Bob Carr and Senator Gary Humphries. The Australian Tamil Congress has been tirelessly lobbying Members of Parliament and Senators on issues of war crimes and we are confident that our continuous advocacy has bore fruit. However, we are aware that the US-led resolution is only a first step and we will continue to lobby for an international independent investigation to achieve the true justice for our Tamil brethren.

    Kind regards,
    Australian Tamil Congress

    MOTION PASSED ON 21 March 2012
    1) The Senate notes:
    a. On the 13th of February 2012, the then Foreign Minister Kevin Rudd issued a media release in response to the Sri Lankan Lessons Learned and Reconciliation Commission (LLRC) final report that stated:

     

    ?i. The LLRC report contains constructive proposals for advancing reconciliation and reconstruction, including through reducing the presence of security forces in the North, care of internally displaced persons and media freedoms;

     

    ii. The Australian Government has consistently urged Sri Lanka to investigate all allegations of crimes committed by both sides to the conflict, including those raised in the UN Secretary-General's Panel of Experts report;

     

    iii. In light of the report's failure to comprehensively address such allegations, the government continues to call on Sri Lanka for all such allegations to be investigated in a transparent and independent manner.

     

    2) The Senate calls on the Australian government, as a minimum, to support efforts to secure a US initiated resolution on Sri Lanka at the 19th Session of the UN Human Rights Council, through the Australian permanent representative in Geneva.
     
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