'We will continue to keep Sri Lanka issue alive' says Stephen Rapp at event on international criminal justice

14 April 2014 The US Ambassador-at-large for Global Criminal Justice, Stephen J. Rapp, said at an event in ashington that the US !ill continue to !or" to "eep the Sri #an"a issue alive, !ith a vie! to see $ustice some da%. Rapp !as spea"ing last Thursda% at an event organised b% the America &ar Association-'nternational Criminal Court (ro$ect, the Aspen 'nstitute Justice ) Societ% (rogram, and the Coalition for the 'nternational Criminal Court, entitled 'nternational Criminal Justice* +ass Atrocities, The 'nternational Criminal Court, and the Role of States. Ambassador Rapp said that in the absence of domestic investigations in Sri #an"a, the United States pushed for t!o resolutions at the U, -uman Rights Council, urging Sri #an"a to investigate violations of international humanitarian la!. ,oting Sri #an"a.s domestic failure to investigate, the US then pushed for a resolution creating an international investigation under the auspices of the U, /ffice of the -igh Commissioner for -uman Rights 0/-C-R1 and that this resolution !as passed last month. Ambassador Rapp stated that the resolution authorised the /-C-R to investigate violations of human rights and crimes committed b% both the Sri #an"an government and the #TT2 in 3445 and after. We hope this will be a game changer, he said. Ambassador Rapp also discussed his visit to Sri #an"a in Januar%. 6emonstrators called me a threat to !orld peace, and held pictures of me as a devil. But I was greeted warmly elsewhere on the island; particularly by people in the North.7 8There is an e9pectation that there !ill be $ustice, because of all of these international institutions. There.s the !or" b% the U, -uman Rights Council, and the documentation report published in :ebruar%, for the da% $ustice might be possible.7 8 or"ing no! in Cambodia, %ou see $ustice !here people thought it !as never possible. 34 %ears later, there is $ustice.7 8,o! !e must investigate and obtain information for the da% !hen $ustice is possible for Sri #an"a. 't.s not a perfect ans!er no!, but its a world of states. We will work to keep the issue of ri !anka ali"e and

e"entually see #ustice someda%.7 Ambassador Rapp stated that people all over the !orld no! have the e9pectation that if terrible crimes are committed, the perpetrators should be brought to. -e stated that the 'CC is considered the court of last resort, since it is preferred that a national court addresses an% issues of impunit%. 'f there is a absence of capacit%, the US can assist. If there is an absence of will, the $ will try to apply pressure to change this% If cant surmount these two issues, the I&& stands as the court of last resort% This is all part of sending the message of ;never again.. This sends the message that there !ill be $ustice. This prevents life from being ;nast%, brutish and short,. li"e -obbes said.7 The ambassador said that Sri #an"a is not a signator% or state part% to the 'CC Rome Statute. -e said it is generall% presumed that if there !as an effort to ta"e Sri #an"a to the U, Securit% Council to refer the situation to the 'CC, a ver% po!erful countr% !ould veto the referral, spea"ing about China. Ambassador Rapp said he cannot guarantee $ustice in ever% case, but stated that criminal $ustice is fundamental to genocide prevention and atrocit% prevention. Ambassador Rapp also <uoted from Justice Robert Jac"son.s address at the ,uremberg trials, in !hich he stated, The common sense of man"ind demands that la! shall not stop !ith the punishment of pett% crimes b% little people. 't must also reach men !ho possess themselves of great po!er and ma"e deliberate and concerted use of it to set in motion evils !hich. leave no home in the !orld untouched.7 Ambassador Rapp !as $oined on the event.s first panel b% (atricia ald, former Chief Judge of the U.S. Court of Appeals for the 6.C. Circuit, and former Judge at the U, 'nternational Criminal Tribunal for the former =ugoslavia. Judge ald praised the U.S..s ne!l%-created Atrocit% (revention &oard, !hich !or"s !ith the 6epartment of Justice and 6epartment of -omeland Securit% to stop those !ho committed the !orst crimes from see"ing refuge in the U.S. 'n discussing the 'CC, Judge ald noted the difficult% of getting defendants in the doc", stating 8these are ma$or problems that have to be dealt !ith.7 Judge ald also noted that the court.s procedures must proceed at a faster, more efficient pace. The event.s second panel featured +adame :atou &ensouda, (rosecutor of the 'nternational Criminal Court, and the -onorable Richard Goldstone,

former (rosecutor of the U, 'nternational Criminal Tribunals for the former =ugoslavia and R!anda. &ensouda identified as a "e% challenge facing the 'CC the need for tangible and timely cooperation of states% Without that, the court cant work efficiently and effecti"ely% Goldstone said he !as hopeful about reports that :rance ma% put a referral of S%ria to the 'CC to vote at the U,SC. 8Russia ma% veto this, but then let Russia ta"e responsibilit% for the terrible crimes there,7 he said. -e added that no! the threat of a veto is paral%sing at the U,SC* 'n 5 out of >4 cases, the threat of a veto is the end of the discussion. This has been adopted to prevent the (? from putting their foreign polic% on the record. &ut put these issues to a vote and see if countries. bluff !ill be called. 'f Russia !ants to veto an investigation into !hat the !hole !orld "no!s to be terrible crimes, that.s no reason for :rance or the U@ not to bring a resolution.7 &ensouda stated that !e must move a!a% from thin"ing that peace and $ustice are at odds !ith each other. 8(eace and $ustice are mutuall% reinforcingA the% don.t e9clude one another,7 she said. Goldstone added, the international community must decide if we are better or worse off with an international system of #ustice'But it has to be a system% (ou cant ha"e a little bit of international #ustice ) you cant turn it on or off at will% Regarding criticism of the 'CC as being unfairl% focused on Africa, Goldstone said, &efore &ashir !as indicted, there !as no criticism of being biased against Africa. 't is leaders !ho are feeling the pinch !ho are ma"ing this argument. Civil societ% and victims. organisation especiall% are all supporting the prosecutions. There is this increasing gap bet!een civil societ% and leaders. #eaders are protecting themselves, not the interest of their nations.7 &ensouda stated that if the Court !as no longer able to hold people at the highest levels of government accountable, this !ould set bac" international criminal $ustice at least >44 %ears.

8The main reason for the 'CC is to hold leaders accountable,7 she said. Spea"ing to Tamil Guardian from the event, Jan Janana%agam, director of Tamils Against Genocide 0TAG1 said, B't !as a pleasure to be invited. ' am ver% encouraged b% the passion and commitment !ith !hich Ambassador Rapp, the other spea"ers and man% participants from the audience addressed the event, particularl%, in highlighting the pressing need for international $ustice in areas such as the CAR, S%ria and Sri #an"a.B