ALERT REPORT: Reject Domestic Investigations and Demand the UN-Mandated Hybrid Mechanism

 

ALERT REPORT: Reject Domestic Investigations and Demand the UN-Mandated Hybrid Mechanism

Executive Summary

Sri Lanka has quietly secured an international agreement for a purely domestic inquiry into alleged war crimes, genocide, crimes against humanity, and crimes of aggression against Tamil communities. This internal investigation(Independent Prosecutors' Office (IPO)) risks becoming a tool of impunity rather than justice. Human rights professionals, Tamil political leaders, diaspora organizations, and activists must mobilize immediately to reject domestic processes and insist on the hybrid court mechanism mandated by the UN Human Rights Council.

Key Concerns

• The domestic inquiry is controlled by the very institutions and officials implicated in abuses.
• National prosecutions lack the independence, transparency, and expertise required for complex international crimes.
• Victims and survivors face limited access to evidence, witnesses, and legal representation under a domestic-only process.
• Domestic inquiries provide political cover for Sri Lanka to evade genuine international scrutiny and accountability.

Why the UN-Mandated Hybrid Mechanism Is Essential

• It combines Sri Lankan and international judges, prosecutors, and investigators to ensure impartiality.
• It upholds international standards for war crimes, crimes against humanity, genocide, and aggression.
• It guarantees victim and witness protections far beyond domestic capacities.
• It was explicitly called for in UN Human Rights Council Resolution 30/1, reflecting global consensus on the need for hybrid justice.

 

Implications of Accepting a Domestic Inquiry

1. Credibility Loss
   Domestic bodies lack the independence to hold senior military and political figures accountable, undermining victims’ trust in justice.
2. Evidence Suppression
   Key documents, forensic findings, and witness testimonies may be withheld or manipulated.
3. Reduced Victim Participation
   Survivors will face barriers to participation without international oversight, legal aid, and culturally sensitive processes.
4. Entrenchment of Impunity
   Sri Lanka’s security establishment will retain de facto control over prosecutions, shielding perpetrators from real accountability.

Unified Demands and Action Steps

1. Public Denouncement
   Issue statements in national parliaments, international forums, and media outlets, refusing any domestic-only inquiry.
2. Diplomatic Engagement
   Lobby UN Member States to reaffirm Resolution 30/1 and demand the immediate establishment of the hybrid court.
3. Civil Society Mobilization
   Organize coordinated protests, petitions, and social media campaigns under the unified message: “No Justice, No Peace—Only a Hybrid Court.”
4. Legal Advocacy
   Support universal-jurisdiction cases abroad to maintain pressure on Sri Lanka until the hybrid mechanism is operational.
5. Survivor-Led Testimonies
   Facilitate international platforms where Tamil survivors can give evidence directly to UN bodies, ensuring their voices bypass domestic filters.

International Bodies to Contact for Support

Below is a selection of key international mechanisms, courts, and organizations you can approach to amplify calls for a UN-mandated hybrid court and reject purely domestic investigations.

 

1. United Nations Mechanisms

Body	Mandate	How to Contact
Office of the UN High Commissioner for Human Rights (OHCHR)	Oversees UN human rights machinery; supports treaty- and charter-based bodies	Website: https://www.ohchr.org/ <br> Email: registry@ohchr.org
UN Human Rights Council (HRC)	Intergovernmental body that reviews country situations, adopts resolutions	Website: https://www.ohchr.org/en/hr-bodies/hrc/ <br> Secretariat: hrcsecretariat@un.org
Special Procedures of the HRC	Independent experts (e.g., Special Rapporteur on Torture, on Extrajudicial Killings, on Minorities)	Directory: https://www.ohchr.org/en/special-procedures <br> Contact details listed per mandate
Universal Periodic Review (UPR)	Peer-review of human rights records for all UN Member States	Website: https://www.ohchr.org/en/hr-bodies/upr/ <br> Submissions: uprsubmissions@ohchr.org

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2. International Courts and Criminal Tribunals

Institution	Mandate	How to Contact
International Criminal Court (ICC)	Prosecutes genocide, war crimes, crimes against humanity, aggression	OTP website: https://www.icc-cpi.int/otp <br> Email: OTP.InfoDesk@icc-cpi.int
UN-Backed Hybrid Court (mandated under Resolution 30/1)	Pending establishment combining Sri Lankan and international judges	Advocate via UNHRC with your Permanent Mission contacts in Geneva
International Residual Mechanism for Criminal Tribunals (IRMCT)	Handles appeals and ongoing enforcement for ICTY/ICTR cases	Website: https://www.irmct.org/ <br> Email: registry@irmct.org

3. Treaty-Based Bodies

Submit parallel or shadow reports to committees overseeing Sri Lanka’s treaty obligations:

• Committee Against Torture (CAT) – torture, enforced disappearances
• Committee on Enforced Disappearances (CED) – enforced disappearances
• Human Rights Committee (HRCt) – Civil and Political Rights
• Committee on the Elimination of Racial Discrimination (CERD)

All contact details and reporting guidelines: https://www.ohchr.org/en/treaty-bodies

4. Regional and Inter-Governmental Bodies

Body	Mandate	How to Contact
Commonwealth Secretariat Human Rights Unit	Advises member states on rights-focused reforms	Website: https://thecommonwealth.org/ <br> Email: csoffice@commonwealth.int
Asian Forum for Human Rights and Development (FORUM-ASIA)	Coordinates regional advocacy on civil and political rights	Website: https://www.forum-asia.org/ <br> Email: secretariat@forum-asia.org
Asian Human Rights Commission (AHRC)	Monitors human rights across Asia; issues urgent appeals	Website: https://www.ahrc.asia/ <br> Email: urgent-action@ahrc.asia

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5. International NGOs and Research Institutes

Organization	Mandate	How to Contact
Amnesty International	Research, advocacy, global campaigns against human rights violations	Website: https://www.amnesty.org/  Email: contactus@amnesty.org
Human Rights Watch	In-depth investigations and reporting on abuses worldwide	Website: https://www.hrw.org/   Email: hrwnyc@hrw.org
International Commission of Jurists (ICJ)	Legal expertise, advocacy for rule of law, international standards	Website: https://www.icj.org/   Email: secretariat@icj.org
International Federation for Human Rights (FIDH)	Global advocacy on civil and political rights	Website: https://www.fidh.org/   Email: fidh@fidh.org
International Centre for Transitional Justice (ICTJ)	Research and technical support on accountability mechanisms	Website: https://www.ictj.org/   Email: info@ictj.org

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Next Steps

• Prioritize outreach to OHCHR Special Procedures relevant to enforced disappearances, extrajudicial killings, and minority rights.
• Submit shadow reports to treaty bodies ahead of Sri Lanka’s next reviews.
• Coordinate with NGOs (Amnesty, HRW, FIDH) for joint statements, press briefings, and country-specific action alerts.
• Engage your diplomatic missions in Geneva to table formal UNHRC resolutions demanding the hybrid court mechanism.

These bodies can provide technical assistance, international visibility, and political leverage to ensure that accountability for Tamil victims is pursued through an impartial, hybrid court—not a domestic-only inquiry.

Conclusion

Accepting an internal investigation undermines the pursuit of justice for Tamil victims and betrays international legal standards. Human rights professionals, political leaders, diaspora groups, and activists must come together to reject this domestic process and demand the UN-mandated hybrid court mechanism. Only through a hybrid approach, with robust international participation and oversight, can accountability be real and impunity finally end.