I agree with Prof. Boyle and Fein stressing the urgent needs to stop Colombo "to cease and desist from all acts of genocide against Tamils Tamilians as a people in Srilnka, . We must also keep in mind the old international law adages that “Today’s terrorist is tomorrow’s stateman”, or that one man’s terrorist is another’s freedom fighter”, are nonetheless illustrative of a blurring of distinction to be found in many analyses of rebellious uses of force. And those are not empty words but are legally recognized international principles. The issue is who is a terrorist? Are LTTE a terrorist? Are Tamil Tamilians in Srilanka not a people a group of people under foreign domination by force? If the International community accept the action of Srilankan government as legal than International humanitarian law should be burnt to ashes from all the library including the Peace palace in Geneva. The irony of the LTTE episode was that India fails to intervene like it did in Pakistan and Goa “ Intervention into domestic affairs for restoring normalcy”. International law of war and peace does not only applies between states but even to belligerent parties in armed conflicts not of International character, but LTTE was allowed by the International community to be annihilated by the srilankan army without making any effort to stop the Srilankan army genocide against the LTTE.
The Un Charter on human rights is also strengthened by ICESCR and ICCPR 1966 and also the text travaux of the covenants goes beyond the colonial context with the united nations general assembly resolutions 1514 (XV) of 1960 on the Declaration on the Granting of Independence to Colonial Countries and people which is supplemented by Resolution 1654 (XVI) setting up a supervisory mechanism.
Yes, from International legal prespective, Srilanka Governemnt has committed an acts of genocide and a crime against humanity and should be tried under International Criminal court.
