The US State Department war crimes report to the Senate submitted as mandated by the explanatory statement to the US Supplemental Appropriations Act of 2009, detailed day-by-day account in a format similar to a "model indictment," and said the alleged incidents in the final stages of war may constitute "violations of International Humanitarian Law (IHL) or crimes against humanity and related harms." Brad Adams, Asia director at Human Rights Watch (HRW), said, "[g]iven Sri Lanka's complete failure to investigate possible war crimes, the only hope for justice is an independent, international investigation," and added, "concerned governments should use the US State Department report as a clarion call for an international investigation. There are no more excuses for inaction."
The report while not reaching any legal conclusions listed Common Article 3 of Geneva Conventions, statutes of International Criminal Tribunal for the former Yugoslavia (ICTY), and Rwanda (ICTR), and the statutes of International Criminal Court (ICC) as "useful foundation for reviewing the conduct" described in the State Department's report.
Legal experts pointed out that under basic rules of international criminal law, the US has to give the GoSL the opportunity to investigate itself credibly, and that, further steps are warranted by the international community, if and when the GOSL fails or refuses to do so.
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