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UN violating Charter obligation to promote, encourage human rights – Prof. Boyle

[TamilNet, Friday, 8 May 2009 08:22 One Comment]

 Dithering in the halls of the human rights apex body, the United Nations, culminating in the recent uncharacteristic pronouncement that the Secretary General Ban Ki-moon is "too-busy" to visit Sri Lanka, has prompted a legal scholar to point out that "where an individual such as the U.N. Secretary General has an obligation to act to prevent criminal activity and either refuses or fails to do so, that would render him "complicit" with the underlying criminal activity–in this case genocide." Prof. Francis Boyle said Thursday that "[t]he U.N. Secretary General must immediately travel to Sri Lanka and do all in his power " to prevent" the Government’s genocide against the Tamils."

In a Thursday story, Inner City Press (ICP), which covers the developments within the United Nations, said that while there was earlier speculation that the Secretary General "will definitely consider" visiting Sri Lanka if he "feels that it can save lives," the ICP has learnt that "such a trip, for now, is unlikely."

Prof. Boyle of University of Illinois College of Law and an expert in International Law, pointed out that "[u]nder Chapter XV of the United Nations Charter, the U.N. Secretariat, headed-up by the U.N. Secretary General, is one of six independent Organs of the United Nations Organization itself. As such the U.N. Secretary General is obligated to implement the "Purposes of the United Nations" set forth in Article 1 of the Charter.

"Article 1(3) of the Charter provides that one of these "Purposes of the United Nations" is: "To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion."

Boyle added, "[i]n other words, the U.N. Secretary General has a U.N. Charter obligation "in promoting and encouraging respect for human rights and for fundamental freedoms for" the Tamils in Sri Lanka. Consequently, the U.N. Secretary General has a Charter obligation to immediately visit Sri Lanka and do all in his power " to prevent" the Government’s on-going genocide against the Tamils as required by the peremptory norm of international law set forth in Article I of the 1948 Genocide Convention.

"Not to visit Sri Lanka immediately for this Purpose would constitute a violation of the United Nations Charter by the U.N. Secretary General himself.

"In addition, where an individual such as the U.N. Secretary General has an obligation to act to prevent criminal activity and either refuses or fails to do so, that would render him "complicit" with the underlying criminal activity–in this case genocide. Article III(e) of the 1948 Genocide Convention prohibits, criminalizes and calls for the punishment of: "Complicity in genocide."

"The U.N. Secretary General must immediately travel to Sri Lanka and do all in his power " to prevent" the Government’s genocide against the Tamils. For the U.N. Secretary General to fail or to refuse to discharge this U.N. Charter obligation would render him complicit in the Government of Sri Lanka’s genocide against the Tamils," Prof. Boyle said.

[Full Coverage]

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One Comment »

  • fdimul said:

    This clearly establishes the fact that the Srilankan Government’s State sponsored terrorism on Tamilians is fully supported by all the International organisations and Governments.

    The world and most of the people living in it are thus Criminals. If the so called elected representatives are criminals then the people who have elected them should also be criminals.

    Thus this world is thriving with hatred and anger everywhere which will attract the wrath of God culminating in untold misery to people by way of earthquakes, famine, draught and every natural calamities which the people might not have heard of.

    When this natural disasters strikes it will this time target the satanic forces operating in this world. Saithan enters the mind and body of People who have weak mind and who have committed sins in their previous lives. They will die a miserable death during the period of natural disasters that is going to strike this world.