WHAT’S SAUCE FOR THE GOOSE IS SAUCE FOR THE GANDER

Uma Maheswaran, the late leader of the People’s Liberation Organisation of Tamil Eelam (PLOTE) once described the armed struggle as being an extension of the political struggle by other means. But many of the actions committed during this so-called war of liberation by both the ‘liberationalists’ and the forces of the State ranged against them, show that such actions cannot be simplistically referred to as more brutal forms of diplomacy.

In fact some of the actions carried out during the final stages of the war has led to charges of war crimes being levelled against both the Sri Lankan Government and the ‘liberationists’ via UN sponsored resolutions and led to the adoption of UN Resolution A/HRC/30/L.29 - Promoting reconciliation, accountability and human rights in Sri Lanka.

The resolution concludes with recommendations of the High Commissioner on the way forward, including the establishment of a hybrid special court to try war crimes and crimes against humanity allegedly committed by parties to the conflict. The appointment of a hybrid court is repugnant to most Sri Lankans who see the appointment of Judges, who are not of the country’s Judicial System as an affront to the local Judiciary. They also feel Foreign Judges will be biased against a particular party to the conflict.

However, parties representing the Tamil people are insistent that local courts without international jurists cannot be expected to deal out justice. The Government, despite co-sponsoring the Us-sponsored resolution realises the appointment of hybrid courts at this moment of time could lead to an outbreak of mass protests and a possible outbreak of violence.

And so today, once again, the Sri Lankan Government’s top diplomats and politicians are facing the somewhat unenviable task of seeking time to implement the UN Resolution.

Let’s face it perpetrators of war crimes and crimes against humanity need to be prosecuted and the suffering of victims of crimes cry to heaven for justice. But justice cannot be selective, alleged war crimes and crimes against humanity must be punished whoever commits them.

The Sri Lankan Government defeated forces of terrorism. In the course of the conflict a number of atrocities were committed. Those who committed them need to face the consequences of their actions. But, justice for war crimes and crimes against humanity must not be limited to particular States. Justice must be applicable across the board.

For instance, since Israel invaded Palestine in 1948, the number of registered Palestine refugees has grown from 750,000 in 1950 to around 5 million in 2013 according to the United Nations Relief and Works Agency (UNRWA). Even at the time of writing Israel continues to evict Palestinians from their homes, demolish entire villages in Palestine and create illegal settlements for Jewish settlers.

During the Gaza conflict in April 2013, Israel used artillery shells with white phosphorus - chemical weapons - on built up Palestinian towns. The use of chemical weapons stands banned by the UN. Their use in war is a recognised a war crime. Yet, the UN is yet to condemn Israel or bring a resolution demanding accountability for these and numerous other war crimes committed by the Israelis against the Palestinians - the destruction of their homes, forcible occupation of their lands or placing limits on water Palestinians receive under Israeli law.

The US used chemical weapons against Vietnamese civilians during the course of its invasion in Vietnam. A million Vietnamese people are still affected by America’s use of chemical weapons in the 1960s, which has left babies still suffering painful deformities and mental illness. Hospitals across the country still care for children who from birth suffer the horrific symptoms caused by Agent Orange decades after the attacks.

In Yemen, more than 140 people attending a funeral in the country’s capital Sana’a were killed in an air strike by Saudi-led coalition forces

On March 9, 1945, the U.S. warplanes launched an aerial attack on Tokyo dropping tons of incendiary bombs in a 3-hour period on the downtown Tokyo suburb of Shitamachi - comprising roughly 750,000 people. Almost 16 square miles in and around the Japanese capital were incinerated, and between 80,000 and 130,000 Japanese civilians were killed in the worst single firestorm in recorded history.

War Crimes??? Crimes Against Humanity??? O Tempora o mores!

Highlighting the ‘speck of dust in my brother’s eye, whilst ignoring the log in my own…’ does not serve the cause of justice. It only holds the concept of justice to ridicule.