Page:Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka.pdf/20



A. Formation of the Panel

5. On 22 June 2010, the Secretary-General announced the appointment of this Panel of Experts to advise him on the issue of accountability with regard to alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka. The Panel’s Terms of Reference were established as follows:


 * In the Joint Statement of the Secretary-General and the President of Sri Lanka issued at the conclusion of the Secretary-General’s visit in the country on 23 May 2009, the Secretary-General underlined the importance of an accountability process to address violations of international humanitarian and human rights law committed during military operations between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). The President of Sri Lanka undertook to take measures to address these grievances. At this time and against this background:


 * 1. The Secretary-General has decided to establish a panel of experts to advise him on the implementation of the said commitment with respect to the final stages of the war.


 * 2. The purpose of the Panel shall be to advise the Secretary-General on the modalities, applicable international standards and comparative experience relevant to the fulfilment of the joint commitment to an accountability process, having regard to the nature and scope of alleged violations.


 * 3. It shall be composed of three members having appropriate and relevant experience. The Panel shall develop its own working modalities and be assisted by a Secretariat with the support of OHCHR.


 * 4. The Panel shall submit its report to the Secretary-General within four months of the commencement of its work.


 * 5. The Panel shall be funded from the Secretary-General’s unforeseen budget.

6. The Secretary-General appointed as members of the Panel Marzuki Darusman (Indonesia), Chair; Steven Ratner (United States); and Yasmin Sooka (South Africa). The Panel formally commenced its work on 16 September 2010.

B. The mandate of the Panel

1. The overall task of the Panel

7. The role of the Panel is to provide advice to the Secretary-General on the measures that Sri Lanka has thus far taken and should, in the future take, to give effect to the joint statement of 23 May 2009 between the Secretary-General and the President of Sri Lanka, with specific regard to accountability, in light of the actual nature and scope of all