UK Foreign Secretary faces calls to fulfil pledge and refer Sri Lanka to the ICC

UK Foreign Secretary David Lammy was questioned on upholding his previous commitments on accountability and referring Sri Lanka to the International Criminal Court (ICC) this week, as he faced questions from the Foreign Affairs Committee.

Labour MP Uma Kumaran questioned Lammy and pressed him on the lack of accountability for mass atrocities committed in Sri Lanka.

“Today marks an important day for Tamil people around the world,” began Kumaran, speaking on Maaveerar Naal, a day of remembrance for Eelam Tamils worldwide.

“In 2023, you urged the then British government to stand shoulder-to-shoulder with Tamils and consider the recommendation of the UN High Commissioner for Human Rights to refer perpetrators of atrocities to the International Criminal Court. The then Leader of the Opposition also urged the government to consider the recommendation of the UN High Commissioner for Human Rights for an international justice mechanism.

“I’m really pleased to say you are now the Foreign Secretary, and he is now the Prime Minister. Can I ask you today to stand by your comments and refer them to the ICC?”

In response, Lammy acknowledged the significance of the issues raised but pointed to Sri Lanka’s recent political changes. “We’ve got a new government that’s just taken up in Sri Lanka… and the signs are positive in relation to the atrocities of the past and the human rights abuses of the past particularly,” he said.

“It’s important that Minister West and I are able to engage with that new government. We are looking at the range of policy in relation to the atrocities of the past, particularly.

“As you know, I’ve spent a lot of time over the years with Tamil communities, particularly in this country. So I recognize the strength of feeling and why you’ve raised these issues. They are complex issues. Nevertheless, that goes back to conflict, where deep, deep, painful atrocities were committed. And it’s important that those that did that are held to account.”

Lammy’s response comes despite the new Sri Lankan government repeatedly rejecting a United Nations resolution that calls for accountability for the atrocities.

Instead, the new Sri Lankan government has pledged to continue only with “domestic” mechanisms. Sri Lanka’s newly elected president Aruna Kumara Dissanayake had stated during his election campaign earlier this year he “will not seek to punish anyone accused of rights violations and war crimes”.

Dissanyake has since appointed accused war criminals to senior positions.

‘I am demanding sanctions be imposed on Sri Lankan war criminals’

The British foreign secretary has previously been forthright on the steps that needed to be taken to ensure accountability in Sri Lanka.

Earlier this year, during the Tamil harvest festival of Thai Pongal, Lammy recognised Tamil struggles for justice and self-determination, stating that the occasion is “also of course a time for us to remember the sacrifices made by the Tamil people for self-determination, for peace, and for justice in Sri Lanka.”

Last year, Lammy urged the British government to act upon the recommendations of the UN High Commissioner for Human Rights and refer Sri Lankan war criminals to the International Criminal Court (ICC).

In 2022, Lammy explicitly called for the UK to refer Sri Lankan war criminals to the International Criminal Court (ICC). Speaking at an event, he said, “I marched for sanctions on apartheid South Africa… I am demanding sanctions be imposed on Sri Lankan war criminals.”

He added, “We believe in internationalism, multilateralism, and the rule of law. That means you must be held to account for atrocities committed against innocent, decent people. As a fellow member of a minority community, I pay tribute to the Tamils.”

Currently several Sri Lankan individuals accused of war crimes are banned from entering Canada and the United States, including former Sri Lankan presidents and the current Chief of Defence Staff, General Shavendra Silva.

‘We will always have your back’

Speaking earlier this year at the British Tamil Hustings hosted by the Tamil Guardian and British Tamil Alliance, Minister Catherine West, who Lammy referred to, said the Labour party “will be putting international law at the heart of our foreign policy”.

“Keir Starmer, as you are aware, has previously called on the British government to take a leading role in referring Sri Lanka to the International Criminal Court,” she added.

West criticized the lack of political will under the then Conservative administration to act on this recommendation, pointing out that “the assessment and mechanism exists within Britain’s Foreign and Commonwealth Development Office, but we believe there has been a lack of political will to put into motion that mechanism.”

“We support all measures to hold those responsible for human rights abuses to justice.”

When questioned about targeted sanctions on Sri Lankan individuals accused of war crimes, West admitted that the UK’s inaction in this area is “curious.” She pledged to investigate further, stating, “If I do become the minister in two weeks, I would like to understand from officials within the Foreign Office what their assessment is of the Magnitsky-style sanctions and whether they could be effective or not.”

“We will always have your back and we will continue to fight your corner,” she affirmed.

Whilst the Labour party has not yet imposed any sanctions on Sri Lankans, Lammy this week announced what he termed the “biggest” package of sanctions against the Russian vessels accused of attempting to avoid Western restrictions on Russian oil. The current UK sanctions regime sees Russians, North Koreans, Syrians and officials from Myanmar’s military on the list.