Systemic disappearances qualify as crimes against humanity in ICC, says Boyle

[TamilNet, Wednesday, 26 December 2012, 22:46 GMT]
The enforced disappearances of human beings that are widespread and systematic, such as the abductions of Tamils in the NorthEast including the midnight abduction of 28-year-old Mrs Soundararajan Sivamalar in Uduvil, Jaffna, on Christmas eve by Sri Lanka's Terrorism Division, are a Crime against Humanity under the Rome Statute for the International Criminal Court (ICC), Professor Boyle of the University of Illinois College of Law said. "So if Gotobhaya travels to an ICC Member State, it might be possible to get him prosecuted in the visiting country under its domestic implementing legislation for the Rome Statute," Boyle said.

Spokesperson for Tamils Against Genocide (TAG), a US-based activist group said, "While we are fighting to overturn the protection given to the primary genocidaire, Mahinda Rajapakse, by the United States Department of State under the extra-legal and discretionary application of the doctrine of Head of State Immunity, we will not have a similar issue with sibling Gotabhaya Rajakapakse, when he travels to a ICC signatory state," TAG said.

Boyle added, "under the ICC Rome Statute, it is a requirement that member states enact domestic implementing legislation making ICC Rome Statute Crimes domestic crimes as well. Hence it might be possible to prosecute Gotobaya under these domestic ICC Crimes even if the ICC does not have jurisdiction.

"This is how the objectors scared President Bush out of traveling to Switzerland by demanding his prosecution if he showed up there under their domestic implementing legislation for the ICC even though the USA is not a party to the Rome Statute," Boyle added.

Most of Europe now has domestic implementing legislation for the ICC. International Criminal Court Act No. 41, 2002 facilitates compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes.


Chronology:
14.05.14  


Related Articles:
25.12.12   Sri Lanka’s terror abductions, arrests, summons mark Christm..
17.12.12   40 ex-LTTE members abducted within one week, IOM, UN blamed ..
21.06.10   Intoxicating hubris

 

Latest 15 Reports
20.07.18 22:09   Photo
New Delhi fails to update Jaffna on Palaali airport plans
19.07.18 23:22   Photo
Skulls with bullet-like holes excavated in Mannaar mass grave, women and children among victims
18.07.18 19:21   Photo
Uprooted Mu'l'lik-ku'lam Tamils adopt Ira'nai-theevu approach, enter their lands seized by SL Navy
17.07.18 21:29   Photo
Colombo steps up shadow war against NPC Chief Minister Wigneswaran
16.07.18 22:48   Photo
SL Forest Department seizes agricultural lands of Eezham Tamils in Paduvaan-karai
15.07.18 19:14   Photo
Families of enforced disappeared vehemently oppose OMP sittings in North
14.07.18 19:35  
SL High Court in Vavuniyaa tricked again into postponing hearings on TPP case
13.07.18 23:20   Photo
NPC CM declines participation in Colombo's unilateral task force for so-called Development
12.07.18 12:22   Photo
Genocidal Sri Lanka seizes ancient coastal hamlet of Tamil-speaking aborigines in Trincomalee
11.07.18 18:20  
Collaborationist sections of TNA lose significance, Wigneswaran holds key to unified Tamil polity
10.07.18 21:53  
SL Military Intelligence recommences recruitment of notorious ex-paramilitary operatives
09.07.18 22:30   Photo
Antiquities Ordinance used to justify Sinhalicisation of 48 locations in Mullaiththeevu
08.07.18 19:06   Photo
TNPF protests against Colombo's move to militarise Jaffna Fort
07.07.18 19:56   Photo
SL Police in Champoor blocks remembrance of Tamils massacred by SL military
06.07.18 23:17  
Jaffna University silent to Colombo's pressure, motives behind Fort excavation questioned
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=35875