Sri Lanka resists UN call to join International Criminal Court

Government sources indicate no readiness to join the treaty  

Accession will expose political and military leaders to potential international prosecutions  

Successive Sri Lankan governments declined to sign the  Rome Statute 

By Kelum Bandara 

Despite a call by the UN High Commissioner for Human Rights,  the government is not ready to accede to the Rome Statute of the  International Criminal Court, as otherwise it will expose Sri Lankans to  international prosecution over alleged wartime abuses, a top source  said.  

The Office of the High Commissioner for Human Rights (OHCHR),  in its latest report, calls for Sri Lanka to create an enabling  environment for transitional justice by acceding to the Rome Statute of  the International Criminal Court. It also calls for implementing  confidence-building measures such as releasing military-held lands,  halting new land seizures and accelerate titling efforts in the north  and east, releasing all long-term detainees under the Prevention of  Terrorism Act.   

Under Article 8 of the Statute, the ICC has jurisdiction in  respect of war crimes. These include most of the serious violations of  international humanitarian law mentioned in the 1949 Geneva Conventions  and their 1977 Additional Protocols, whether committed during  international or non-international armed conflicts.   

Offences include rape, sexual slavery, enforced  prostitution, forced pregnancy or other forms of sexual violence, using  children under the age of 15 to participate actively in hostilities.  

Murder, extermination, enslavement, deportation or forcible  transfer of the population, imprisonment or other severe deprivation  of physical liberty in violation of fundamental rules of international  law are considered crimes against humanity. The ICC has jurisdiction  over them.   

If Sri Lanka becomes a signatory to the Rome Statute, the ICC  can exercise its jurisdiction against Sri Lankans facing these charges  related to wartime.   

The successive Sri Lankan governments declined to sign the  Rome Statute. A top government source said that the current government  would also follow suit.  

The source said that the government would work for  reconciliation among different ethnic groups according to a domestic  procedure.   

UN High Commissioner for Human Rights Volker Turk visited  Sri Lanka recently. The source said that the government facilitated his visit to all the areas he wanted.  

Referring to the call for the release of military-held  land, he said it would be done in a phased out manner. The source said  most PTA detainees had been released, and action against those facing  criminal charges at the moment would be taken through a judicial  process.