Home "Terrorism" Bringing to Book the Internal War Crimes of Sri Lanka of 1990?

Bringing to Book the Internal War Crimes of Sri Lanka of 1990?

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The 1987-1989 Marxist Uprising in Sri Lanka, which was defeated
The 1987-1989 Marxist Uprising in Sri Lanka, which was defeated, Photos: r Creative Commons/ Nickelberg

by Dr Binoy Kampmark

The fall and ignominious retreat of Sri Lanka’s Gotabaya Rajapaksa has enlivened one distinct possibility.Β  Having formally resigned as Sri Lankan President, a point made via email from Singapore, those wishing to see him account for war crimes may get their wish.

There have been various efforts in train regarding a man who ruthlessly concluded his country’s civil war in an orgy of mass killing. The war itself, waged between the forces of Sinhalese Buddhist nationalism and the minority Tamils seeking independence, was the rotten fruit of discrimination, exclusion and ethnocratic politics heralded by the passage of the Sinhala Only Act in 1956.

That legislative instrument, implemented by Prime Minister S.W.R.D Bandaranaike, made Sinhalese the country’s official language while banishing Tamils from important positions of employment.

Gotabaya’s entry into Sri Lankan politics was a fraternal affair.Β  His brother Mahinda, on becoming president in 2005, picked him as defence secretary.Β  Prior to that, β€œGota” worked as a computer systems administrator at Loyola School in Los Angeles, during which time he became a US citizen.

The appointment made him overseer of the war against the Liberation Tigers of Tamil Eelam (LTTE).Β  β€œMy job,” Gota stated in an interview posted on the Sri Lankan Defence Minister website, β€œwas to understand the priorities, rationally organise those priorities in terms of what was really required for victory and flush out needs and requirements that had zero relevance to our objectives.”

In seeing the 26 year conflict to its conclusion in 2009, an estimate by the United Nations put the death toll of Tamil civilians at 40,000.Β  (The number may well be as high as 70,000).Β  The formal line taken by government forces was that the Tamils only had themselves to blame, being used as human shields by the guerrilla forces.

Such killings took place even as US President Barack Obama urged a cessation in β€œthe indiscriminate shelling that has taken hundreds of innocent lives, including several hospitals.”  Hoping for some balance, Obama also urged β€œthe Tamil Tigers to lay down their arms and let civilians go.Β  Their forced recruitment of civilians and their use of civilians as human shields is deplorable.”

The unabashed statement of command responsibility by the former defence secretary is also supported by the view of US Ambassador Patricia Butenis, whose frank assessment is available via a WikiLeaks cable.

According to Butenis, β€œresponsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President [Mahinda] Rajapaksa and his brothers.”

There is also abundant prima facie evidence that Gotabaya is responsible for the execution of a number of political leaders and their families upon surrender, was responsible for bombing civilian infrastructure such as hospitals, and insisted that the would target and kill innocent civilians, if necessary, to defeat the LTTE.

His return to public life as president took place on a populist platform denigrating his opponents for not giving β€œpriority to national security.Β  They were talking about ethnic reconciliation, then they were talking about human rights issues, they were talking about individual freedoms.”

These remarks to Reuters assumed force in the wake of the 2019 Easter Sunday bombings by Islamist militants that caused over 250 deaths.

Over the years, Gotabaya’s resume has been weighed down with blood.Β  His actions did not begin and end as defence minister.Β  A May report by the International Truth and Justice Project (ITJP) and Journalists for Democracy in Sri Lanka (JDS) focused on the ex-President’s role in a number of atrocities committed in 1989.

The account focuses on the role Gotabaya played as District Military Coordinating Officer of Matale District, an area that saw brutal engagements between government forces and those of the Janatha Vimukthi Peramuna (JVP).

Between May 1989 and January 1990, Gotabaya oversaw a rule of forced disappearances (the report accounts for 1,042 victims), torture, and killing.Β  A number of Sri Lankan government commissions took note of over 700 forced disappearances.

His role in the disappearances was also noted by the lengthily titled Presidential Commission into Involuntary Removals or Disappearances of Persons (Central Zone) List of Persons Whose Names Transpired as Responsible for Disappearances – Central Province – Matale District.Β  (In a list of 24 alleged perpetrators, Gotabaya pops up at 16.)

The tenure was also characterised by an absence of interest in preventing the commission of such crimes or investigating them, β€œdespite complaints being made to him directly by family members of the victims”.

Civil suits have become another avenue of redress in the absence of criminal proceedings, though these have been complicated by questions of state immunity.Β  Ahimsa Wickrematunge, daughter of assassinated Sri Lankan journalist Lasantha Wickrematunge, is one figure seeking damages from the man she accuses of authorising the murder of her father, former editor of the Sunday Leader newspaper, in 2009.

The civil action, filed in the US District Court for the Central District of California, alleged extra judicial killing, crimes against humanity and torture.

The action was dismissed because the plaintiff β€œcited no authority suggesting that Defendant’s citizenship alone should override the fact that all of the allegations against him concern actions taken in an official capacity as the Sri Lankan Secretary of Defense.”  In conclusion, the Court found for Gotabaya, as he was β€œentitled to common law foreign official immunity.”  There was an absence of β€œsubject matter jurisdiction”.

Former detective with Sri Lanka’s Criminal Investigation Department (CID) Nishantha Silva also argues that, as secretary of defence, Gotabaya had the means, opportunity and, in the words of his written statement for the People’s Tribunal on the Murder of Journalists, β€œa clear motive for killing Lasantha Wickrematunge”.

Another possibility, one as yet unexercised, is available under the United States’ War Crimes Act of 1996, which amended the Federal criminal code to enable the prosecution and punishment of US nationals for grave breaches of the Geneva Conventions.

Law academic Ryan Goodman, in a pertinent 2014 piece for Just Security, argues that there would be β€œa legal windfall for any US effort to investigate and prosecute [Gota] across international borders.Β  His citizenship also expands US policy space – by reducing US vulnerability to accusations of meddling if we go after one of our own.”

As politicians the world over dread the spectacle of an enraged citizenry storming the residences of president and prime minister, taking dips in their pools, sitting at their desks and eating on the lawns as public commons, a number of dedicated human rights lawyers will be readying their briefs and submissions.Β  Their mission: Get Gota.

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge.Β  He currently lectures at RMIT University. He is a regular contributor to Global Research and Asia-Pacific Research. Email: bkampmark@gmail.com

This article first appeared at Globalresearch.ca on July 17, 2022

 

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51 COMMENTS

  1. “In conclusion, the Court found for Gotabaya, as he was β€œentitled to common law foreign official immunity.” There was an absence of β€œsubject matter jurisdiction”.

    — fascinating. Was he a foreign official while in the US?

    • Sri Lanka, along with Myanmar Rakhine state ( Rohinga land ), was a major one-belt-road proposed cargo node so you can just imagine the kickbacks. The gravy train might have stopped rolling when the Burmese army took over running Myanmar.

      • I heard today the CCP wants their money back !!! Failing that they will take their port back. This port already built in the area of the former prime minister. So now the CCP has a port in Sri Lanka. The Burmese were too smart to fall into this situation. You can tell they must be smart because the M$M constantly insults them.

    • Turkey hyperinflation and collapse seems to be a catalyst for them to sign on with Russia and the new BRICS currency, they have apparently agreed to buy oil in roubles so it shouldn’t be long before Putin has them inside the tent, they will still export workers to Germany and have the best of both worlds so it will be “Russia to the rescue” and the banksters will no doubt strategese some big wins out of it. A big loss for NATO, maybe Lebanon next.
      We see in Hindu Times above, Myanmar also features, their troubles come from the Chinese branch of International Credit, basically Aung Sung Suu Kyi was selling out to the CCP, she blamed the army for routing the Rohingas but it was part of the Chinese deal to get rid of them. The army didn’t like her way of making deals and now she is back in the slammer.
      In Laos the same sort of thing, they have a relatively big military budget and someone has to pay for that by picking tea and coffee. So how do they all pay for their brand new pickup trucks. International Credit again of course. I was in Vientiane a few years ago and everyone had a new car, the side roads turned into parking lots, you couldn’t walk on the footpath. I was only there a couple of days and I saw a dog get run over right next to me, the cars are so new, the credit just arrived in town and voila, there were all the cars and voila, now all the debt comes home, since the tourist trade was deliberately ruined by Globalists.
      How many of these countries will flip to some type of communism ( Laos excluded, they are already supposedly there ).
      We have the same phenomenon in Western Australia with everyone getting a new car on credit, this includes lots of German cars and Tesla etc. The car dealers are getting very rich signing loans. The Australian Federal Treasurer is now going to “fix” the Reserve Bank’s reckless enthusiasm for rate hikes. I was wondering if all this was bluff and how long it would last. Communist ALP to the rescue !!! Also giving sick-pay handouts to the virus tested, get into those PCR tests kids, if you are positive you can pick up $750 (less tax) and just smoke your bong all week. That should get the virus numbers up up up how the government wants and further damage the economy how the Communists want. We zig and zag toward the predetermined destination, you will own nothing and work for $2 /hour equivalent.
      ALL IN DEBT & UNEMPLOYED / USELESS EATERS.
      HELLO IMF !!!

    • If you have a NICE comment, better to put it under the actual video on YouTube (at Dee’s channel “GumshoeNews”). But if u want to maul me, let’s keep it in the family here. Or, if you want to send me some advice for my campaign, go to MaxwellMaryLLB@gmail.com.

      Yay!.

      • i want to maul you,
        kisskisskiss or as I say,
        xoxo

        Advice;
        If your going to go over Niagara, well bon-voyage my le petit ami

    • Even if you disagreed with all of it you couldn’t deny it’s an excellent presentation.
      A notable talent I must say

  2. As crime, by definition, is a violation of civil rules
    And war by definition is a complete collapse of such rules
    The term β€œwar-crime” is nonsensical

    • I guess it’s rooted in the idea that war is a type of sport like boxing or fencing so there has to be some sort of rules of engagement, but whose rules exactly ?

      • I’ve been to war, there are NO rules. It is a horror, the object is to kill the other side’s soldiers in what ever way you can. – Remember that when the MSM starts beating the drums of war. – You may be on the weaker side of the conflict, and you will have to deal with the assault on you and your families existence.

    • I don’t deny the severity of the holocaust but it’s dead obvious that the conscripted Teutons who died on the Russian front and their Ruski counterparts didn’t get a better deal.
      So why wasn’t there any attempt to hound down the instigators ?
      Rhetorical question of course

    • Can Shaun Micallef pick up where Clark & Dawe left off ? (no)
      All sorts of flawed assumptions going on here, the mission statement says “The Reserve Bank of Australia (RBA) is Australia’s central bank and derives its functions and powers from the Reserve Bank Act 1959 . Its duty is to contribute to the stability of the currency, full employment, and the economic prosperity and welfare of the Australian people.”
      The employment then is fudged, John Howard adopted the “International Standard” which was one hour emplloyment per week = full employment, and AUstralia’s unemployment rate dropped by 2% from about 7% average to 5%, based on this lie, which continues even up to the last election when Scotty claimed we had the lowest unemployment since about 1960.
      The communist ALP didn’t pick him up on this.
      As for the Rotschilds, it’s all a secret !!! Nobody knows how rich any of the rich are.
      I think on the basis of PROBABILITY it is strongly probable that Rotschilds own much much less than is attibuted to them and certain “bluebloods” own much much more.
      Good to see the RBA getting some curry anyway, even though it’s all a big charade to make the new communist ALP Federal Treasurer look good.
      The ANZ offered me a 2-year fixed loan at about 2.6% a few months ago and I don’t think they would be throwing money away. The variable rate now sneaked up to over 3% and now there is this performance art going on to bring it back down.
      The official story is usually a lie, and half the time people don’t even know what they’re talking about. From about 2012:

      • “It is illegal for an Australian company to hire a foreign official as its paid agent.” — The Reserve Bank of Australia and the Australian constitution

        The Reserve Bank is a foreign ADI. A “foreign ADI” means a body corporate that:
        (a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; and
        (b) is authorised to carry on banking business in a foreign country; and
        (c) has been granted an authority under section 9 to carry on banking business in Australia.

        Prior to 1959 the Commonwealth issued and printed its own money and had control of the printing of money. However after the 1959 Reserve Bank Act, the Reserve Bank was established as a stand alone independent
        foreign ADI, which took over the printing of money and lent the money it printed to the Commonwealth at interest. So instead of the Commonwealth printing its own money, we have a foreign body corporate printing our money and lending it to the Commonwealth which the Commonwealth needs to pay back!

        “RESERVE BANK ACT 1959 – SECT 77
        Guarantee by Commonwealth
        The Commonwealth is responsible for the payment of all moneys due by the Bank” (The commonwealth of Australia is paying money is borrows back to the stand alone bank)
        (Source: http://www.austlii.edu.au/au/legis/cth/ … 0/s77.html)

        “RESERVE BANK ACT 1959 – SECT 27
        Bank to be banker for Commonwealth
        The Bank shall, in so far as the Commonwealth requires it to do so, act as banker and financial agent of the Commonwealth” (The reserve bank is the Commonwealths banker and lender and the Commonwealth must pay the money back to the Bank!)
        (Source: http://www.austlii.edu.au/au/legis/cth/ … 0/s27.html)

        EVIDENCE THE BANK IS A FOREIGN ADI WITH FOREIGN LINKS AND BRANCHES:

        The below act shows how foreign coroporations have power of attorny over the Reserve Bank of Australia:

        RESERVE BANK ACT 1959 – SECT 76
        Attorney of Bank
        The Bank may, by instrument under its seal, appoint a person (whether in Australia or in a place beyond Australia) to be its attorney and a person so appointed may, subject to the instrument, do any act or execute any power or function which he or she is authorized by the instrument to do or execute. (Source: http://www.austlii.edu.au/au/legis/cth/ … 0/s76.html)

        Foreign Agents in control of the Reserve Bank of Australia:

        RESERVE BANK ACT 1959 – SECT 75
        Agents etc.

        In the exercise of its powers and the performance of its functions, the Bank may:
        (a) establish branches and agencies at such places, whether within or beyond Australia, as the Bank thinks fit;
        (b) arrange with a person to act as agent of the Bank in any place, whether within or beyond Australia; and
        (c) act as the agent of an ADI carrying on business within or beyond Australia.
        Letter to ADIs: Operation of foreign banks in Australia

        Under the Banking Act 1959, foreign banks are required to be licensed by APRA as authorised deposit-taking institutions (ADIs) in order to conduct banking business in Australia. APRA also authorises representative offices for foreign banks that otherwise wish to maintain a permanent establishment in Australia. Representative offices are generally granted an exemption under Section 66 of the Banking Act in order to use the restricted term β€˜bank’ in connection with their activity in Australia. However, they must limit their activities to those prescribed by APRA for representative offices.1
        Over time, reflecting the global nature of banking business and the centralisation of many functions, foreign banks operating in Australia as branches have conducted some aspects of their local operations from offshore or outside the branch. In general, APRA does not have a fundamental concern with these types of operational structures but notes that they have the potential to lessen APRA’s ability to provide effective prudential supervision of the local operations.

        Recently, APRA has received a number of proposals from foreign banks wishing to conduct activities with Australian customers from their offshore offices. As a result, APRA is issuing this letter to clarify its policy expectations with respect to business conducted in Australia, or with Australian customers, by foreign banks.

        Consistent with the Basel Committee on Banking Supervision’s principles on home-host country supervision, APRA has generally taken the position that foreign banks soliciting and operating an active business in Australia should be subject to Australian prudential regulation and supervision, regardless of where the business is booked. However, APRA would not object to a foreign bank conducting business with Australian counterparties from its offshore offices provided:

        β€’the foreign bank does not maintain an office or permanent staff in Australia, including staff employed by another entity within the banking group that conducts business on its behalf;
        β€’the foreign bank is not soliciting business from retail customers in Australia;
        β€’all business contracts and arrangements are clearly transacted and booked offshore, and are subject to an offshore legal and regulatory jurisdiction; and
        β€’the foreign bank does not breach Section 66 of the Banking Act. APRA will not provide exemptions from Section 66 for foreign banks operating in Australia other than in conjunction with the limited activities of a representative office.

        β€’http://www.apra.gov.au/adi/Publications/Pages/Letter-to-ADIs-Operation-of-foreign-bank
        .

        • Any person who:

          is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or

          is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or

          is an undischarged bankrupt or insolvent; or

          holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or

          has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

          shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

          • The RBA likes to pretend it is making all sorts of mysterious judgments about interest rate settings but recent events have proved they are just a rubber stamp office and all the reserve banks of the world are in LOCKSTEPβ„’

          • A timely, astute and pertinent observation, Crossy.

            A few months ago I wrote a commentary on Section 44 of our Constitution noting that, according to the Constitution, the “Crown” (i.e. the Crown Corporation of the City of London) is regarded as a foreign entity (and distinct from the Monarch) and that agents or servants of the Crown (like any other foreign loyalty) are disqualified and prohibited from being in any of the parliaments of the Commonwealth. (Apparently also from the “Public Services” of the Commonwealth is implied).

            This Crown Corporation and its agencies (like the East India Company) has been masquerading as the “British Empire” for centuries and the Monarch has been vassal, figurehead and mascot for this predatory institution since at least mid C17. (That’s another story for another time).

            My guess is that the drafters of the Constitution were cautiously looking over their shoulders trying not to provoke those (mostly Irish) Bishops to resort to their theologians and philosophers which might incite something like a nationwide Eureka Stockade. Those bishopy types were pretty well aware of the tentacles of Judaeo-Masonry back in the C19. Anyhow, everything “inconvenient” to Judaeo-Masonry and their “New Order of the World” in the Constitution has been completely ignored ever since.

            This a long and loaded topic that I’m very happy to discuss if anyone is willing to do so.

          • How about adding some context that the British royalty was infiltrated by Germans 300 years ago, roughly when you say the royalty became the “figurehead” for the East India Company

          • Come now, Mr Bogan, Mr Jerry-Kraut is not the villain here. William of Orange was imported from Amsterdam with the conniving of the money-lenders and the treachery of the English “reformers”.

          • Who wears the Crown ?

            A vague definition –

            ACTS INTERPRETATION ACT 1901 – SECT 16
            References to the Sovereign

            In any Act references to the Sovereign reigning at the time of the passing of such Act, or to the Crown, shall be construed as references to the Sovereign for the time being.

          • A “vague definition” orrite, Crossy.

            Although the “Crown Corporation” has usurped the title of “the Crown” it does not mean that the personal responsibility of the Monarch for the good order of the Realm is evaporated. “..shall be construed as references to the Sovereign for the time being” is about as wooly a “pass-the-buck” as the Crown Corporation could come up with at the time.

            The “Crown” and the Monarch are distinct in our Constitution.

          • The Krauts are the victims, well most of them anyway, the puppetmaster is Swissy, a conglomerate of heirs to the ancient empires with various knights templars (pre-masonic) and local royals

          • From Templars to Freemasonry

            https://www.bibliotecapleyades.net/sociopolitica/templars/knights_templars02.htm

            Since Masonry is the continuation of the Order of Knights Templar, the Templars’ teachings derived from Cabalist-Jewish faith and rituals live on in Masonry. The Jewish shofar, or calling horn, is also used in the Masonic lodges.

            Order out of Chaos –

            Ordo ab Chao in Freemasonry | Freemason Information

            freemasoninformation.com/2016/10/ordo-ab-chao-symbols-and-symbolism/

            β€œFreemasonry is a Jewish establishment, whose history, grades, official appointments, passwords, and explanations are Jewish from beginning to end” – Rabbi Isaac Wise (of B’nai B’rith, quoted in Israelite of America, Aug 3, 1866)

            Freemasonry is based on Judaism. What is left of the Freemasonic rituals, when eliminating Judaism doctrines? – The Jewish Tribune. New York, 29. okt. 1925.

            The Noahide World Order

            Government Leaders Encourage Adherence to the Seven Jewish Noahide Laws

            …………………..Major General Michael Jeffery, Governor General of Australia, lamenting family breakdowns and drug and alcohol abuse in modern society in a 2008 letter wrote that he believed that observing the fundamental values of the Noahide BEHEADING Laws can be an antidote to such ills of society.

            http://www.jifga.org/government-leaders-and-the-seven-noahide-laws.html

  3. A History of Central Banking and the Enslavement of Mankind

    by Stephen Mitford Goodson

    https://archive.org/details/ahcbe

    In a β€˜History of Central Banking and the Enslavement of Mankind’ ex-South African banker, the late Stephen Goodson explains how the Central Banking β€œscam” originated, and how those who run it have throughout history used their power to subvert governments, and manufacture wars that not only produced vast profits, but frequently to topple β€˜regimes’ whose banking system was not under their control…………..

    https://www.blackhousepublishing.com/bookshop/a-history-of-central-banking/

  4. The lying filth ABC TV “news” is being used as a BigPharma sales agent and drags itself around like a diseased leper telling lies, they are saying TODAY on their fake news show that 93% of the “covid” deaths were unva666inated but they DO NOT SAY that if you just got injected you are counted as UNva666inated for two weeks !!! In other words if you die within two weeks of your injection they call you an unva666inated Covid-19β„’ death statistic !!!
    And now the poisionous communist ALP government is giving $750 to youths to give them a positive PCR test, we know the PCR is fake news too, the youths will go for the test and give it to government – ka-ching, thanks for the test kid, statisticians go nuts on youth infection rates, then they government will try to weasel out of paying by saying “you have to be va666inated” or you don’t qualify for any number of reasons.
    These people dress nice and talk nice and THEY ARE FILTH.

  5. Bloody hell,
    I have neighbours reporting that they have covid.
    Each has been injected. (β€˜Vacxxs)
    When I try to explain that a real Vax should provide immunity (look up the real, definition of Vaxxined, before the definition has been changed)
    They are speechless. Pride is a killer. So is ignoranceπŸ’πŸ™
    Oh well, Terry has tried, so have Dee and me.
    At least with the Klaus Schwab, Fauci, Gates and Harari culling of stupids, then the rest of us may relax, provided we inject the politicians, health bureaucrats, doctors and msm shock jokes.

  6. Today Princess Ursula tole everyone in the EU they will have to cut their gas usage by 15% this winter ( because they seized the Russian’s bank accounts and now they don’t want to pay roubles or gold ), so all the commoners can cut gas use by 15% or probably 30% and Princess Ursula will go to the Canary Islands !!! In the spirit of saving the Russian heatane gas.

  7. WHO Changed Definition of Influenza Pandemic

    Cohen and Carter state that the WHO changed the definition of an
    influenza pandemic by excluding reference to the words “with enormous
    numbers of deaths and illness.”

    What the article fails to state is that the WHO made two changes; the
    second change was to drop the requirement for a new sub-type with a simple
    reassortant virus meaning that many seasonal flu viruses could be
    classified as pandemic influenza.

    A search of online web archives reveals that the WHO website had the
    erased definition dating back to at least January 2003 through to July
    2008. [1]

    “An influenza pandemic occurs when a new influenza virus appears
    against which the human population has no immunity, resulting in several,
    simultaneous epidemics worldwide with enormous numbers of deaths and
    illness. … When a major change in either one or both of their surface
    proteins occurs spontaneously, no one will have partial or full immunity
    against infection because it is a completely new virus. If this new virus
    also has the capacity to spread from person-to-person, then a pandemic
    will occur.”

    Seroprevalence studies emerging show that substantial protions of
    society had pre-existing protective antibody levels across age groups. A
    new scientific study shows the full effect of Pandemic Influenza H1N1 in
    New Zealand in 2009

    The Ministry commissioned study, conducted by Environmental Science
    and Research (ESR), estimates that 1.26 million or 29% of New Zealanders
    were immune to the pandemic influenza virus by March this year. [2]

    About 480,000 people had some immunity prior to last year’s pandemic
    wave, mostly in the older age groups. An additional 780,000 were estimated
    to have been infected during 2009. The highest rate of infection during
    2009 was in school age children – where one in three children were
    affected. Almost half of those infected showed no obvious symptoms.

    14 percent of New Zealand school aged children had pre-existing
    antibodies to the 2009 H1N1 virus.

    If the WHO guidelines in effect at the time that the 2009 H1N1
    influenza virus was identified in the USA in April 2009 then it would
    never have been declared a pandemic as it was not a new sub-type, was not
    causing enormous numbers of deaths and illness, and a significant number
    of people had already been exposed to an immunogenically similar virus.

    The fact that only one vaccination was required for all but young
    children is another sign that this was not an immunogenically novel virus.

    [1]
    http://web.archive.org/web/*/http://www.who.int/csr/disease/influenza/pa

    2…………..

    https://www.bmj.com/rapid-response/2011/11/02/who-changed-definition-influenza-pandemic

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