Please use this identifier to cite or link to this item: http://repository.kln.ac.lk/handle/123456789/6539
Title: Issues of Apology and Compensation for Portuguese Destruction
Authors: Cooray, M.
Keywords: Law; Religious: International
Issue Date: 2005
Publisher: University of Kelaniya
Citation: Cooray, M., 2005. Issues of Apology and Compensation for Portuguese Destruction, In: Proceedings of the 10th International Conference on Sri Lanka Studies, University of Kelaniya, pp 207.
Abstract: A. Acts of misdeeds, misdemeanors, crimes, by the Roman Catholic Church, Clergy and their agents after the Portuguese occupation 1505 to 1656 Degradation of Human life: Mass scale forcible expulsions, deportations, imprisonment, abuse of various sorts, including sexual abuse, slavery: Pope Nicholas V issued the Bull Romans Pontifix to King Alfonso V of Portugal 1454 January 8th. Papal Bull 4th May 1493 Interacactra [to invade, search out, capture, vanquish, subdue all Saracens (Muslims, Arabs, Jews, Orthodox, and pagan/local religions) whatsoever and goods whatsoever held and possessed by them and to reduce their persons to perpetual slavery] Activities included, destruction of life through Individual and mass murder, religious cleansing, war crimes, genocide and crimes against humanity, destruction of property,. wanton devastation and destruction of property and lands, Buddhist temples, Hindu Kovils, mosques, books, libraries and objects of cultural importance and value. Taking away/expropriation of treasure: Papal Bull 4th May 1493 [and to apply and appropriate to himself and his successors, the kingdom, dukedom, counties, principalities dominions, possession and goods and to convert them to his and their use and profit] Religious conversion by use of force, coercion and the sword, by allurement and incentives and not by Conviction, religious and cultural genocide, wanton destruction and eradication of an ancient culture and civilisation. Legal and other Relief available to be pursued: Apology by the Pope, Vatican and the Church. The Pope has already apologised and asked for forgiveness for the injustices and cruelty done by the Church to, among others, Muslims, Jews, Protestants, the Orthodox churches, China and for the injustices done to local and indigenous peoples. Return of looted treasure. Objects of Art, Request Compensation. Fundamental condition for an apology is that it is based on repentance and compensation. Justice served if expropriated fortune redistributed to the victims. To sue for crimes: Genocide/ War crimes/ Crimes against humanity. Suing for compensation, [there are already precedents for example the Australian Aboriginals want to go before courts in Belgium]. Suing under the body of law, namely International Humanitarian Law, which exists in the form of both conventional and customary -law. Such actions are guided by: The Geneva Convention of August 1949; Hague Convention of 1907; Laws and Customs of War on Land; Convention on the Prevention and Punishment of Crimes of Genocide 09/12/48;) Charter of International Military Tribunal August 1945 and Domestic Law, in so far it incorporates International Humanitarian Law
URI: http://www.slageconr.net/slsnet/10thicsls/10thicslsabsfull.pdf
http://repository.kln.ac.lk/handle/123456789/6539
Appears in Collections:ICSLS 2005

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