The recent UNHRC resolution co-sponsored by the present Government of Sri Lanka aims to investigate members of the Sri Lankan armed forces for accountability in relation to allegations of war crimes. The investigative and legal processes are to include foreign judges, prosecutors and legal personnel.
The UN Human Rights Commissioner in his report of 30 September 2015 indicates as follows why the foreign participation is desired.
‘I welcome the Government’s commitment made before this Council, to investigate those violations and ensure accountability’. ’The unfortunate reality, however is that Sri Lanka’s criminal justice system is not currently equipped to conduct an independent, credible investigations of this breath and magnitude. This is why I have recommended the establishment of an ad hoc hybrid special court, integrating judges, prosecutors, lawyers and investigators mandated to try notably war crimes and crimes against humanity, with its own independent investigative and prosecuting organ, defence office and witness and victims protection program. In highly polarized environment such a mechanism is essential to give all Sri Lankans, especially the victims, the confidence in the independence and impartiality of the process. “.