To check this claim, we evaluated the United Nations Human Rights Council (UNHRC) Resolution 30/1 and the Rome Statute of the International Criminal Court (ICC).
These sources indicate that:
(1) Resolution 30/1, co-sponsored by Sri Lanka and adopted by the UNHRC, does not make any reference to an international court; nor does it grant any power to the UNHRC to refer any person to an international court; nor does the UNHRC have any general power to refer any matter to an international court.
(2) The only international court which has jurisdiction to deal with criminal responsibility of individual persons is the ICC. However, Sri Lanka is not a signatory to the Rome Statute of the ICC. The UN Security Council (UNSC) is the only body that has powers to bring individuals from non-signatory countries to the ICC. The ability of the UNSC to do so is not affected by Resolution 30/1.
We conclude from the above that Resolution 30/1 does not change the status quo of how Sri Lankans could be referred to the ICC or any other international court.
Therefore, we classify the MP Gamlath’s claim as FALSE.
*FactCheck’s verdict is based on the most recent information that is publicly accessible. As with every fact check, if new information becomes available, FactCheck will revisit the assessment.
- Office of the High Commissioner for Human Rights, Promoting reconciliation, accountability and human rights in Sri Lanka, A/HRC/RES/30/1 (2015), Paragraph 6, p. 4, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/236/38/PDF/G1523638.pdf?OpenElement [last accessed: 18 March 2020]
- International Criminal Court, Rome Statute of the International Criminal Court (1998), article 13(b), available at: https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf [last accessed: 18 March 2020]
- United Nations, Charter of the United Nations (1945), Article 93, available at: https://www.un.org/en/sections/un-charter/chapter-xiv/index.html [last accessed: 18 March 2020]
- International Court of Justice, Statute of the International Court of Justice (1945), article 34(1), available at: https://www.icj-cij.org/en/statute [last accessed: 18 March 2020]