UN Chief Ban Ki-moon says he will only launch an international investigation into allegations of possible war crimes taking place at the final stages of the war in Sri Lanka that ended in May, 2009, if the member states agree.
After releasing the Expert Panel report on Sri Lanka a UN statement said “the secretary-general has been advised that this (international investigation) will require host country consent or a decision from Member States through an appropriate intergovernmental forum. The monitoring and repository functions it was suggested this mechanism undertake will continue to be performed by the United Nations Secretariat.”
However the Ban’s statement didn't mention a forum but it could include the U.N. Security Council, General Assembly or Human Rights Council.
The panel's report called for an investigation of the Sri Lankan government and Tamil Tiger rebels, as it stated that tens of thousands of the final 2009 offensive against Tamil separatists may have resulted from war crimes.
The UN Chief also said that there would be an inquiry into United Nations' actions during the last stage of the war.
“The Secretary-General has decided that he will respond positively to the Panel’s recommendation for a review of the United Nations actions regarding the implementation of its humanitarian and protection mandates during the war in Sri Lanka — particularly in the last stages. The exact modality of such a review will be determined after consultations with relevant agencies, funds and programmes,” the statement added.
The 200-page report of a three-member panel, that made public, “found credible allegations” of violations of international humanitarian and human rights laws by both sides. The report also said UN “political organs and bodies failed to take actions that might have protected civilians,” including public use of casualty figures.
The report cited evidence that a “wide range of serious violations of international humanitarian law and international human rights law was committed both by the government of Sri Lanka and the Liberation Tigers of Tamil Eelam, some of which would amount to war crimes and crimes against humanity.”
The full statement issued by the Spokesperson for UN Secretary-General Ban Ki-moon:
The United Nations has today made public the advisory report of the Secretary-General’s Panel of Experts on accountability with respect to the final stages of the decades-long armed conflict in Sri Lanka, which was submitted to him on 12 April 2011. The decision to release the report was made as a matter of transparency and in the broader public interest.
The report was shared in its entirety with the Government of Sri Lanka on 12 April. The Secretary-General has indicated his willingness to publicize the Government’s response alongside the report. This invitation was extended to the Sri Lankan Government throughout the week, including again on Saturday by the Secretary-General to the External Affairs Minister of Sri Lanka. The Government has not responded to this offer, which nonetheless still stands.
The Secretary-General expresses his appreciation to the advisory Panel of Experts who have provided their advice on how the undertaking on accountability in the joint communiqué that he had made with the President at the conclusion of Sri Lanka’s war can be fulfilled.
The Secretary-General is carefully reviewing the report’s conclusions and recommendations with regard to events that took place during the final stages of the conflict, including its assessment that there are a number of allegations of serious violations of international humanitarian and human rights law committed by both the Liberation Tigers of Tamil Eelam (LTTE) and the Government of Sri Lanka, some of which could amount to war crimes and crimes against humanity.
The Panel’s first recommendation is that the Government of Sri Lanka should respond to the serious allegations by initiating an effective accountability process, beginning with genuine investigations. The Secretary-General has consistently held the view that Sri Lanka should, first and foremost, assume responsibility for ensuring accountability for the alleged violations. This and a number of other short- and medium-term recommendations that the Panel proposed in regard to steps that could be undertaken by the Government of Sri Lanka have now been shared with the Government. He encourages the Sri Lankan authorities to respond constructively.
The Secretary-General has decided that he will respond positively to the Panel’s recommendation for a review of the United Nations actions regarding the implementation of its humanitarian and protection mandates during the war in Sri Lanka — particularly in the last stages. The exact modality of such a review will be determined after consultations with relevant agencies, funds and programmes.
In regard to the recommendation that he establish an international investigation mechanism, the Secretary-General is advised that this will require host country consent or a decision from Member States through an appropriate intergovernmental forum. The monitoring and repository functions it was suggested this mechanism undertake will continue to be performed by the United Nations Secretariat.
The Secretary-General trusts that the Government of Sri Lanka will continue to respect the work of the United Nations and its agencies as well as its obligations to the safety of United Nations staff in Colombo. He regrets the inflammatory tone of some of the recent public statements emanating from Sri Lanka.
The Secretary-General sincerely hopes that this advisory report will make a contribution to full accountability and justice so that the Sri Lankan Government and people will be able to proceed towards national reconciliation and peace. -End-
UN Secretary General’s Expert Panel Report on Sri Lanka