Sri Lanka Can Still Be Prosecuted at ICC Despite Not Signing Rome Statute – Gajendrakumar MP

Sri Lanka can still be brought before the International Criminal Court (ICC) for war crimes, crimes against humanity, and genocide, even though it is not a signatory to the Rome Statute, said Gajendrakumar Ponnambalam, MP and Secretary of the All Ceylon Tamil Congress.

Speaking at a public discussion commemorating Black July 1983 held at the YMCA Hall under the theme “Yesterday, Today, and Tomorrow”, the MP cited the case of Myanmar as a precedent and emphasized the need for Tamil political and civil forces to unite in taking the issue forward internationally.

Gajendrakumar MP stated that although the Tamil community has marked Black July for decades, the remembrance must also lead to concrete action to demand justice for victims, including those who were tortured and killed in places like Welikada prison. He pointed out that the Sri Lankan state’s repeated cycles of violence and structural oppression against Tamils amount to genocide, and that despite numerous UN Human Rights Council resolutions over the past 12 years, efforts to advance accountability have consistently been stalled by those mandated to represent the Tamil people.

He explained that there are two possible legal avenues to bring Sri Lanka before the ICC: one, by referring the case through the United Nations Security Council; or two, by initiating investigations in Rome Statute signatory countries when alleged perpetrators enter their jurisdiction. He referenced the ICC’s probe into atrocities committed against the Rohingya people by Myanmar—also a non-signatory to the Rome Statute—enabled by Bangladesh’s status as a member state. Similarly, investigations into U.S. military conduct in Afghanistan have proceeded because Afghanistan is a party to the Rome Statute, despite U.S. non-ratification.

While Tamil political parties and civil society have been invited to support a new resolution to advance these legal efforts, Gajendrakumar MP criticized the Ilankai Tamil Arasu Kadchi (ITAK) for not participating in recent unity discussions. He noted, however, that a draft of the proposed resolution has been shared with the ITAK leadership and expressed willingness to incorporate feedback. Urging unity, he emphasized the historic sacrifices made by Tamils and called on all stakeholders to cooperate ahead of the upcoming Geneva sessions to push the struggle to the next level.

Join our WhatsApp group for instant news updates : Click HERE