UNITED NATIONS HUMAN RIGHTS COMMISSION : 2009 COMPLAINT OF TAMIL GENOCIDE

                                                                                                                        21.05.2009

 Ms.Navaneetham Pillai

UN High Commissioner for Human Rights

Palais de Nations

CH 1211 Geneva 10

Switzerland

Respected Madam

Subject : Seeking  the support of your office to urge the UN bodies to probe all charges of genocide of Tamils in Srilanka regarding….

We are enclosing a book titled : Tamil Genocide under Neo Nazism, which charge sheets the Sinhalese Governments for Tamil massacres committed from 1956 to 2001 when cease fire period delivered a short lived peace broken by Srilankan President Mahinda Rajapakshe who was hell bent to resume a civil war to fulfill his life’s ambition to ethnic cleansing of Tamils. The Tamil genocide could not be buried by keeping international media and UN out of the theatre of war. We Indian Tamils took the decision to place before UN Security Council that Tamil Genocide is a continuing crime that had crossed half a century. This book contains our appeal to UN Security Council to urge the Public Prosecutor of the International Criminal Court of Justice to start the probe into the Tamil Genocide.

After the lull of Norway brokered Peace, we have yet to complete compiling the crimes committed by Srilankan Government. We have filed a complaint titled Tamil Genocide :Complaint to the Public Prosecutor of the International Criminal Court of Justice. We have quoted from media to eminent judges  and to reports of UN bodies to indicate the fact that there is urgency to probe the Tamil Genocide. We all know how certain hands stalled  official discussions in Security council when Tamil lives in Tamil Eelam theatre of war was lost in thousands every day.

Technical snags created by non-participating states in Rome Statute may put roadblocks to the Public Prosecutor, and it is here the Office of the Human Rights Commissioner must exert pressure within UN to set the process of probe in motion, we Indian Tamils are knocking your doors seeking justice.

The usage of chemical weapons in the theatre of war and its supplier nations which violated international law and conventions should be subjected to probe. We quote the relevant law which fits the definition in each and every word and word by word   all the crimes  have been committed by Srilanka

  

Crimes against humanity, Art. 7, Rome Statute of International Criminal Code describes these as: Murder, Extermination, persecution, enforced disappearances, torture, intentionally causing great hurt, great suffering, or serious injury to body or to mental or physical health, deportation or forcible transfer of population . 

‘War Crimes, Art.8, Rome Statute of International Criminal Code describes these as:  Bombing of hospitals, civilian habitations, prevention of supply of basic amenities such as food, water, medicines.

Apart from committing each and every crime the framers of Rome Statute brought into the definition of crimes, Srilankan President Mr.Mahinda  Rajapakshe   used starvation as  weapon of war,

"Article 54(1) of Additional Protocol I to the Four Geneva Conventions of 1949 sets forth a rule of customary international humanitarian law that obligates every state in the world: "Starvation of civilians as a method of warfare is prohibited."

Furthermore, starvation of civilians as a method of warfare can also constitute an act of genocide as defined by Article II (c) of the 1948 Genocide Convention:

It is needless to state that "The government of President Mahinda Rajapaksa has been claiming a glorious total victory - and denying allegations from doctors on the scene that tens of thousands of innocent civilians have been the victims of indiscriminate artillery fire and scorched-earth tactics," said Boston Globe in editorial, adding "the European Union must follow up on its call for an investigation of war crimes against civilians." The editorial also said that "the United Nations adopted a resolution in 2005 on the "responsibility to protect" populations that are not protected by their own governments. The massive killing and wounding of civilians on Sri Lanka represents exactly the sort of case that resolution was meant to address."

Hence our appeal is to remind your office that what we seek is already finding endorsements in European Union and in UN, and it will be appropriate for UNHRC to support our complaint to order for a probe either by UNHRC or through ICCJ.

With Regards

Yours sincerely

N.Nandhivarman  General Secretary Dravida Peravai