The OHCHR strictures on Lanka -spitting in the wind - EDITORIAL

The Office of United Nations High Commissioner on Human Rights (OHCHR) on Friday the17th issued a strident call to the Sri Lanka Government (SLG) to urgently establish an independent prosecutorial authority, appoint a special prosecutor and create special courts to try those accused of gross violations of international law and serious breaches of international humanitarian law. 

In its report on accountability for enforced disappearances in our country, the OHCHR has suggested enhancing the capabilities of the Office on Missing Persons ensuring thorough investigation into mass graves and the prosecution of those responsible for these crimes.
From the early 1970s our country has faced three armed uprisings -the Janatha Vimukthi Peramuna (JVP) insurgency of 1971, the near three-decade ethnic war of 1983 and the JVP uprising in 1989.

Large numbers of young people were killed during the first JVP uprising of 1971. Extra judicial killings were common. Numerous people were abducted and went missing and their whereabouts are still unknown. 
Strangely none in the international arena raised the issue at that time. Instead we saw an influx of international non-government (INGO) personnel from Western Europe enter the country to ‘help resolve’ the causes behind the uprising.

Though hundreds of those affected by the government crackdown on the two JVP insurgencies sought asylum in the UK and Western Europe, the host countries did not take up the cause of asylum seekers. It was only after large numbers of Tamil asylum seekers arrived in Western Europe did the West suddenly began taking up the cause of the Tamil refugees.
Be that as it may, the fact of the matter is that the human rights of our fellow countrymen and women have been violated. Large numbers of people have been abducted and their fate remains unknown. Around 40,000 Tamil persons are alleged to have been killed by state forces during Lanka’s nearly 30-year ethnic war. Hundreds were abducted and forcibly disappeared. Allegations of torture are widespread.

The perpetrators of these heinous crimes need to be brought to trial. Victims of crimes against humanity cry to the heavens for justice. The OHCHR demand is a wake-up call to us all. But, justice needs to be applied in an even-handed manner and not limited to particular Nation States.
Today the Jewish state of Israel is committing genocide in real time against the people of Palestine. Within the space of eight months, in the city of Gaza alone, Israel has killed 35,386 Palestinians and over 79,366 wounded. Of this number at least 14,000 are children.

BBC reports at least half of Gaza’s buildings have been damaged or destroyed since Israeli attacks began on 7 October 2023. The World Bank adds that 92% of primary roads have been destroyed or damaged and the communications infrastructure is seriously impaired. It added that the delivery of basic humanitarian aid to people has become very difficult.
Israel has also cut electricity, water and food supplies to Gaza and its bombing and missile attacks  have displaced at least 900,000 Palestinians. Most of these people have been displaced several times since the Israeli attacks began in October 2023. 

Sadly the OHCHR has not done anything to stop the ongoing genocide.
In like manner following a decision by the International Criminal Court’s Appeals Chamber, authorising a probe of alleged war crimes in Afghanistan committed by all sides in the conflict, including American forces, the US Administration announced it was launching an economic and legal offensive against the Court. It also threatened to target and sanction individual staff of the International Criminal Court (ICC)

The probe was dropped with the prosecutor claiming since American forces had withdrawn from Afghanistan, there was no reasons to go ahead with the probe!
Diego García-Sayán, the UN Special Rapporteur on the independence of judges and lawyers described the US action as a further step in pressuring the ICC and coercing its officials in the context of independent and objective investigations and impartial judicial proceedings.”
In its role to uphold justice, the UN needs to ensure its application of rules is even-handed. Else it will be seen the body is simply ‘spitting in the wind’. 
The UN must ensure not create situations which harms itself.