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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
15 April 2002

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UA-15-2002: Time to ratify ICC Treaty

SRI LANKA - Not yet a signatory to International Criminal Court Treaty
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The treaty on the International Criminal Court (ICC) received the required number of ratifications (60) on 11 April at the 9th Session of the Preparatory Commission for the International Criminal Court (ICC), effectively putting into force the first permanent, independent, international criminal court, which will prosecute some of the most heinous crimes: genocide, war crimes, crimes against humanity and crimes of aggression. It will come into force on July 1, 2002.

Even at this stage Sri Lanka has not signed or ratified this important international treaty. The former People's Alliance government declined to do so on the grounds that it was involved in an internal war. However, that should have been the very reason for becoming a party to the treaty, so that it could have committed itself to adherence to laws relating to war.

As a cease-fire has been agreed upon and peace is purposed with more seriousness at the moment, there is more reason for the Sri Lankan government to become a party to this treaty. It will bring prestige and respect to Sri Lanka, a great deal of which has been lost in the past decades. Whatever form of autonomy is agreed upon to solve the conflict in the North, those in charge of the new administration after the peace agreements will also be bound by international treaties that will apply to the national government.

There is hardly anything to gain by remaining outside this treaty, since it will be binding on all governments from July 1 in any case. However if Sri Lanka does not ratify it will not be able to participate in the implementation process of the ICC. This means, among other things, that Sri Lankans will not be able to hold positions in the tribunal and inquiring bodies.

From the point of view of principle as well as expediency, the Sri Lankan government should take all steps necessary to sign and ratify the ICC.


SUGGESTED ACTION

Write letters to the Prime-Minster, President and the Attorney General of Sri Lanka, requesting that Sri Lanka urgently sign and ratify the ICC treaty.


SAMPLE LETTER

Dear Prime Minister

The International Criminal Court will come into force on July 1, 2002. It is unfortunate that Sri Lanka has not become a state party to this treaty thus far. There is much to be gained by becoming a party to this treaty, including international prestige, which Sri Lanka much needs in these days. It will also help to create to greater accountability for any peace agreement that may be arrived at in Sri Lanka, hopefully in near future. It also will help to rebuild the rule of law, which has suffered a great deal in Sri Lanka¡¦s recent history. Three Asian countries are among the 63 countries who have become parties to it, and around 10 other Asian countries are in the process of joining. We urge you to take this opportunity to take all the necessary steps for Sri Lanka to become a party to this important treaty, which is a landmark in the search for an international system of justice.

Yours sincerely
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SEND LETTERS TO

Honourable Prime Minister
Mr. Ranil Wickremasinghe
Cambridge Place
Colombo 7
Sri Lanka
Tel/Fax: (94) 1/682-905
Email: ranilwickremesinghe@www.com
SALUTATION: Hon. Prime Minister

Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 03
Sri Lanka
Fax: (94) 1/333-703
SALUTATION: Your Excellency

Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney - General's Department
Colombo 12
SRI LANKA
Fax: +941 436 421
SALUTATION: Dear Attorney General