Kumaravadivel Guruparan gives a talk as part of the Oxford Transitional Justice Research (OTJR) Seminar Series. In 2015, Sri Lankan witnessed regime change that removed President Mahinda Rajapaksa from power. Mahinda Rajapaksa was the President who led the war against the LTTE to its finish in 2009, a war in which thousands of Tamil civilians were killed. The regime change in 2015 was characterised by many of its supporters as a change that would deliver transitional justice. The new regime also employed the language of transitional justice, particularly in the UN Human Rights Council, in its attempt to divert calls for international accountability and justice for crimes committed during the war. The regime was short lived and fell in 2019 returning another Rajapaksa, Gotabaya Rajapakasa the war-time Defence Secretary as President. This talk will seek to explore the politics of identifying the regime change in 2015 as a transitional moment in Sri Lanka. As a general proposition, it will problematise using 'regime change' as an indicator for transition in deeply divided societies. It will argue that a Transitional Justice narrative that is aligned to the liberal peace tradition is bound to fail given that it fails to engage with the structural issues that inhibit democratic change. It will further argue that misplaced optimism generated by such thinly conceived transitional justice efforts may in fact hurt victims and survivors. Dr Kumaravadivel Guruparan served as an academic attached to the Department of Law, University of Jaffna, Sri Lanka between 2010 and 2020 serving as Senior Lecturer at the time of resignation. He served as Head of the Department between January 2017 and November 2019. He is also a practicing attorney and has appeared as lead counsel in a number of cases relating to post-war human rights issues in Northern Sri Lanka including in cases relating to the right to memory, the rights of families of the disappeared and post-war land issues. He is a Co-founder of the Tamil Civil Society Forum and Founder Chair of the Adayaalam Centre for Policy Research, based in Jaffna, Sri Lanka. He holds an LL.B (Hons) from the University of Colombo, Sri Lanka, a BCL from Balliol College, University of Oxford and a PhD from University College London in Public International Law and Comparative Constitutional Law. He was awarded the Chevening Scholarship in 2010 and the Commonwealth Scholarship in 2013. Guruparan was at the Bonavero Institute of Human Rights as a Research Visitor between October 2020 and January 2021.
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Kumaravadivel Guruparan gives a talk as part of the Oxford Transitional Justice Research (OTJR) Seminar Series. In 2015, Sri Lankan witnessed regime change that removed President Mahinda Rajapaksa from power. Mahinda Rajapaksa was the President who led the war against the LTTE to its finish in 2009, a war in which thousands of Tamil civilians were killed. The regime change in 2015 was characterised by many of its supporters as a change that would deliver transitional justice. The new regime also employed the language of transitional justice, particularly in the UN Human Rights Council, in its attempt to divert calls for international accountability and justice for crimes committed during the war. The regime was short lived and fell in 2019 returning another Rajapaksa, Gotabaya Rajapakasa the war-time Defence Secretary as President. This talk will seek to explore the politics of identifying the regime change in 2015 as a transitional moment in Sri Lanka. As a general proposition, it will problematise using 'regime change' as an indicator for transition in deeply divided societies. It will argue that a Transitional Justice narrative that is aligned to the liberal peace tradition is bound to fail given that it fails to engage with the structural issues that inhibit democratic change. It will further argue that misplaced optimism generated by such thinly conceived transitional justice efforts may in fact hurt victims and survivors. Dr Kumaravadivel Guruparan served as an academic attached to the Department of Law, University of Jaffna, Sri Lanka between 2010 and 2020 serving as Senior Lecturer at the time of resignation. He served as Head of the Department between January 2017 and November 2019. He is also a practicing attorney and has appeared as lead counsel in a number of cases relating to post-war human rights issues in Northern Sri Lanka including in cases relating to the right to memory, the rights of families of the disappeared and post-war land issues. He is a Co-founder of the Tamil Civil Society Forum and Founder Chair of the Adayaalam Centre for Policy Research, based in Jaffna, Sri Lanka. He holds an LL.B (Hons) from the University of Colombo, Sri Lanka, a BCL from Balliol College, University of Oxford and a PhD from University College London in Public International Law and Comparative Constitutional Law. He was awarded the Chevening Scholarship in 2010 and the Commonwealth Scholarship in 2013. Guruparan was at the Bonavero Institute of Human Rights as a Research Visitor between October 2020 and January 2021.
Documenting Crimes in Syria and Iraq: ISIS and the Crimes Against the Yazidis
Oxford Transitional Justice Research Seminars
52 minutes
6 years ago
Documenting Crimes in Syria and Iraq: ISIS and the Crimes Against the Yazidis
This talk was given as part of the Oxford Transitional Justice Research (OTJR) Seminar Series. Over the last five years, a variety of entities - governmental, non-governmental and those created by bodies within the United Nations - have determined that ISIS has committed war crimes, crimes against humanity, and genocide in areas it controlled in Iraq and Syria. The UN Commission of Inquiry on Syria and the US Holocaust Memorial Museum have independently determined that ISIS has committed genocide against the Yazidi religious community of northern Iraq, and underscored that the logic, nature, and commission of genocide has been highly gendered. Since the collapse of ISIS's "caliphate", the pursuit of criminal accountability has accelerated, though it remains hindered by a range of factors, including a struggling Iraqi justice system, and an unwillingness of many states to take back their nationals, many held in SDF detention centres and camps in northern Syria, for trial. Alongside this, there is also increased discussion of the desirability of a broader range of transitional justice measures. Sareta Ashraph hopes to address these issues. She has been working on documenting and analysing ISIS crimes in Syria and Iraq with the UN Commission of Inquiry, the Syria IIIM, and most recently UNITAD.
Sareta Ashraph is a barrister specialized in international criminal and humanitarian law. Until August 2019, she was based in Iraq as the Senior Analyst on the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh. In 2017, Sareta was part of the start-up team of the International, Impartial and Independent Mechanism (Syria IIIM). From May 2012 to November 2016, she served as the Chief Legal Analyst on the UN Commission of Inquiry on Syria where she was the primary drafter of the June 2016 report "They Came to Destroy", which determined that ISIS was committing genocide, as well as crimes against humanity and war crimes, against the Yazidis. In 2011 to 2012, she was the Analyst on the Commission of Inquiry on Libya. In 2010 and 2011, Sareta was the Legal Adviser to the ICC’s Defence Office. From 2004 to 2009, Sareta was Defence Co-Counsel before the SCSL. Sareta is an associate member of Garden Court Chambers (London), and is called to the Bar of England and Wales, as well as the Bar of the Republic of Trinidad and Tobago. Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales; http://creativecommons.org/licenses/by-nc-sa/2.0/uk/
Oxford Transitional Justice Research Seminars
Kumaravadivel Guruparan gives a talk as part of the Oxford Transitional Justice Research (OTJR) Seminar Series. In 2015, Sri Lankan witnessed regime change that removed President Mahinda Rajapaksa from power. Mahinda Rajapaksa was the President who led the war against the LTTE to its finish in 2009, a war in which thousands of Tamil civilians were killed. The regime change in 2015 was characterised by many of its supporters as a change that would deliver transitional justice. The new regime also employed the language of transitional justice, particularly in the UN Human Rights Council, in its attempt to divert calls for international accountability and justice for crimes committed during the war. The regime was short lived and fell in 2019 returning another Rajapaksa, Gotabaya Rajapakasa the war-time Defence Secretary as President. This talk will seek to explore the politics of identifying the regime change in 2015 as a transitional moment in Sri Lanka. As a general proposition, it will problematise using 'regime change' as an indicator for transition in deeply divided societies. It will argue that a Transitional Justice narrative that is aligned to the liberal peace tradition is bound to fail given that it fails to engage with the structural issues that inhibit democratic change. It will further argue that misplaced optimism generated by such thinly conceived transitional justice efforts may in fact hurt victims and survivors. Dr Kumaravadivel Guruparan served as an academic attached to the Department of Law, University of Jaffna, Sri Lanka between 2010 and 2020 serving as Senior Lecturer at the time of resignation. He served as Head of the Department between January 2017 and November 2019. He is also a practicing attorney and has appeared as lead counsel in a number of cases relating to post-war human rights issues in Northern Sri Lanka including in cases relating to the right to memory, the rights of families of the disappeared and post-war land issues. He is a Co-founder of the Tamil Civil Society Forum and Founder Chair of the Adayaalam Centre for Policy Research, based in Jaffna, Sri Lanka. He holds an LL.B (Hons) from the University of Colombo, Sri Lanka, a BCL from Balliol College, University of Oxford and a PhD from University College London in Public International Law and Comparative Constitutional Law. He was awarded the Chevening Scholarship in 2010 and the Commonwealth Scholarship in 2013. Guruparan was at the Bonavero Institute of Human Rights as a Research Visitor between October 2020 and January 2021.
