If the statement of Lalith Weeratunga, a top aide to Sri Lanka’s President Mahinda Rajapakse, that Sri Lanka’s use of heavy weapons was eventually stopped as part of a political deal with the Indian government, was true, "then it proves India’s complicity in the GOSL’s [Government of Sri Lanka’s] genocide against the Tamils," says Professor Boyle, expert in International Law in a note sent to TamilNet. "The Government of India temporarily stopped the GOSL’s genocide against the Tamils, thus proving it could do so…. India therefore violated its obligation under article 1 of the Genocide Convention “to prevent” the GOSL genocide against the Tamils," asserts Prof. Boyle.
Full text of the statement from Prof. Boyle follows:
If this report is correct on the facts, then it proves India’s complicity in the GOSL’s genocide against the Tamils. Under basic principles of criminal law that are recognized and applied internationally, when there is an obligation to act to prevent the death of a human being that is incumbent upon a person in a position of trust with respect to that human being such as a policeman, fireman, medical doctor, lifeguard etc., and that person fails or refuses to act to prevent the death of that human being, that person becomes legally responsible for the homicide of that human being.
In this case we are talking about 50,000 dead Tamils on Sri Lanka who were exterminated by the GOSL.
India had an absolute obligation “to prevent” this ongoing GOSL genocide against the Tamils in Sri Lanka under article 1 of the 1948 Genocide Convention, to which both India and Sri Lanka are contracting parties. In addition, the Government of India (GOI) serves as the Tamil’s parens patriae under international law and thus occupies a position of trust with respect to the Tamils in Sri Lanka. The Government of India recognized the existence of this “trust” when it asked the GOSL for the temporary cease-fire against the Tamils, which India obtained.
The Government of India temporarily stopped the GOSL’s genocide against the Tamils, thus proving it could do so. But only for the demented purpose of getting itself re-elected, not for the purpose of terminating the GOSL’s genocide against the Tamils, which India obviously could have done and so did temporarily. India therefore violated its obligation under article 1 of the Genocide Convention “to prevent” the GOSL genocide against the Tamils.
Furthermore, India also thereby became complicit in the GOSL’s genocide against the Tamils in violation of article 3(e) of the Genocide Convention that prohibits and criminalizes “complicity” in genocide. The Government of India failed and refused to terminate the GOSL genocide against the Tamils despite the facts (1) that the GOI obviously had the capability to do so and (2) that the GOI obviously recognized it occupied a position of trust with respect to the Tamils in Sri Lanka.
For these reasons, both the Government and the State of India are legally responsible for the commission of the international crime of Complicity in Genocide in violation of the 1948 Genocide Convention. India has an obligation to pay reparations for this international crime to the Tamils on Sri Lanka—both severally and jointly with the GOSL. Indeed, the Government of India and the GOSL conspired together to commit genocide against the Tamils in violation of article 3(b) of the 1948 Genocide Convention prohibiting and criminalizing “conspiracy” to commit genocide.
The same is true for those Highest Level Indian Government Officials who made these reprehensible, condemnable, unprincipled and criminal decisions. They had the mens rea (criminal intent) necessary to constitute the international crimes of Complicity in and Conspiracy to Commit Genocide. These Highest Level Officials of the Indian Government are personally culpable for the commission of the international crimes of Complicity in Genocide and Conspiracy to Commit Genocide. These Highest Level Officials of the GOI must be prosecuted for these crimes—both in India and elsewhere. How low they have sunk from India’s glory days of Gandhi and Nehru. Sic transit gloria mundi!
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