Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
crimes
Sanjana
Hattotuwa
“It
is
lamentable
that
the
Government
of
Sri
Lanka
continues
to
divert
attention
from
the
central
truth
in
this
matter
–
that
is,
the
problem
of
impunity
for
serious
human
rights
violations…”
Press
released
by
the
International
Independent
Group
of
Eminent
Persons
(IIGEP),
30
April
2008
The
report
of
the
United
Nations
Fact
Finding
Mission
on
the
Gaza
Conflict,
released
last
week,
resonates
deeply
with
Sri
Lanka’s
current
fixation
on
war
crimes
allegations.
The
UN
mandated
mission
was
headed
by
Justice
Richard
Goldstone
concludes
that
“While
the
Israeli
government
has
sought
to
portray
its
operation
as
essentially
a
response
to
rocket
attacks
in
exercise
of
its
right
to
self-‐defence,
the
Mission
considers
the
plan
to
have
been
directed,
at
least
in
part,
at
a
different
target:
the
people
of
Gaza
as
a
whole.”
Castigating
Israel
for
violating
Geneva
Conventions,
the
mission
recommends
international
legal
actions
against
both
Israel
and
Hamas
for
war
crimes
and
possible
crimes
against
humanity.
The
Economist
report
on
the
release
of
the
report
notes
that
the
Israeli
Prime
Minister,
Binyamin
Netanyahu,
“has
given
orders
for
a
diplomatic
campaign
to
discredit
the
report
and
counter
the
mission’s
effort
to
have
Israelis
charged
with
war
crimes.”
Israel
did
not
cooperate
with
the
fact-‐
finding
mission.
A
letter
to
Justice
Goldstone
from
Amb.
Aharon
Leshno
Yaar,
Israel’s
Permanent
Representative
to
the
UN
in
Geneva
noted
that
the
Israeli
Defence
Force
(IDF)
had
undertaken
its
own
investigations
and
that
“Israel’s
decision
not
to
cooperate
with
the
Mission
is…
without
prejudice
to
its
conviction
that
any
allegations
of
wrongdoing
by
Israeli
forces
in
the
course
of
the
conflict
must
be
investigated,
and
where
appropriate,
prosecuted.”
Reminiscent
of
Sri
Lanka’s
erstwhile
International
Group
of
Eminent
Persons
(IIGEP),
a
key
recommendation
of
the
mission
is
to
establish
an
independent
committee
of
experts
in
International
Humanitarian
and
Human
Rights
Law
to
monitor
and
report
on
any
domestic
legal
or
other
proceedings
undertaken
by
the
Government
of
Israel
in
relation
to
its
own
investigations.
The
mission’s
report
brings
out
a
number
of
other
striking
similarities
between
the
tenor
and
behaviour
of
Israel
and
that
of
the
Sri
Lankan
government,
both
during
war
and
in
response
to
a
process
of
investigations
into
alleged
war
crimes.
Our
domestic
debate
on
allegations
of
war
crimes
is
presently
informed
and
framed
primarily
by
a
video
broadcast
by
England’s
Channel
4,
the
President’s
claims
that
the
war
was
conducted
with
zero
casualties
and
news
of
moves
by
US
based
Tamils
Against
Genocide
(TAG)
to
obtain
commercial
satellite
imagery
and
through
subsequent
image
analysis
prove
the
occurrence
of
war
crimes
in
the
Vanni.
The
usual
conspiracy
theories
thrive.
Anyone
for
example
who
questions
the
zero
casualty
theory
propounded
by
the
Executive
is
necessarily
in
cahoots
with
one
or
all
of
the
parties,
usually
from
the
West,
hell
bent
on
regime
change.
Together
with
the
uncertainty
over
the
extension
of
the
EU’s
GSP
Plus
trade
concessions,
and
sustained
domestic
and
international
condemnation
over
the
continuing
internment
of
Tamil
IDPs
in
Menik
Camp,
it
is
understandable
the
government
feels
under
siege,
and
perhaps
rightfully
so.
Of
concern
here
is
that
instead
of
addressing
its
own
failures,
the
government’s
pushback
is
anchored
to
the
vilification
of
civil
society
and
sections
of
the
international
community,
including
the
United
Nations.
Prospects
of
meaningful
accountability
for
the
government’s
policies
and
practices
during
war,
reconciliation
and
peace
in
this
context
remain
extremely
bleak.
For
example,
the
termination
of
the
Secretariat
for
Coordinating
the
Peace
Process
(SCOPP),
at
a
time
when
its
operation
and
mandate
is
most
critical
and
the
recall
of
Dr.
Dayan
Jayatilleka,
whose
views
on
constitutional
reform
and
IDPs
were
increasingly
discordant
with
government
policies
and
practices,
suggest
that
the
mere
absence
of
war
is,
to
this
President
and
his
government,
perfect
peace.
To
doubt
or
qualify
this
peace,
defined
by
and
seen
through
an
exclusive
Sinhala
Buddhist
mindset,
is
to
be
a
killjoy
and
traitor
to
boot.
Sadly
then,
to
a
much
greater
degree
than
the
significantly
flawed
design
and
implementation
of
the
peace
process
under
the
CFA,
the
Rajapakse
regime’s
approach
to
and
understanding
of
peacebuilding
is
indubitably
geared
to
ferment
more
violence.
Reconciliation
is
an
inevitable
collateral.
But
there’s
the
rub.
Knowing
what
really
went
on
in
the
war,
and
the
accountability
and
reconciliation
that
can
follow,
are
vital
for
processes
of
healing
and
forgiving.
To
rebuild
trust
and
positive
relations
between
peoples
who
share
an
unequal
yet
common
trauma
of
war
and
violence
requires
the
restoration
of,
above
all,
human
dignity.
Menik
Farm
today
is
the
anti-‐thesis
of
this
vital
need.
Yet,
the
readership
of
this
column
emphatically
do
not
represent
a
significant
quotient
in
Sri
Lanka
who
actually
want
or
see
any
need
for
accountability
and
reconciliation
thus
defined
post-‐war.
Three
key
narratives,
each
myopic
and
biased,
will
inform
this
on-‐going
debate
on
accountability
and
war
crimes.
One
will
be
defined
primarily
by
pro-‐LTTE
diaspora
to
hold
the
Rajapakse
administration
accountable
for
war
crimes.
Satellite
imagery
analysis
by
Tamils
Against
Genocide
(TAG)
may
bring
about
evidence
of
war
crimes
and
crimes
against
humanity.
Ranting
and
raving
aside,
there
is
nothing
the
Rajapakse
government
can
do
about
it.
TAG’s
primary
sources
are
in
geo-‐stationary
orbit
and
their
key
witnesses
are
already
in
foreign
countries.
The
government
will
obviously
contest
the
evidence
tabled,
but
we
can
be
fairly
certain
that
war
crimes
by
the
LTTE
will
be,
at
best,
mentioned
en
passant.
Eyewitness
accounts
such
as
that
from
Damilvany
Gnanakumar
published
recently
in
the
British
press
concur
with
a
number
of
other
narratives
from
those
in
the
Vanni
at
the
time
of
indiscriminate
shelling
by
the
Army.
But
while
Gnanakumar’s
compelling
account
must
be
appreciated
for
what
it
is
and
not
summarily
dismissed
as
propaganda,
it
does
not
help
us
address,
for
example,
disturbing
footage
from
an
unmanned
aerial
drone
released
in
May
this
year
by
the
government
showing
what
it
said
were
LTTE
cadres
firing
indiscriminately
at
people
trying
to
flee
along
a
beach.
In
comparison,
Justice
Goldstone’s
report
clearly
notes
that
Palestinian
armed
groups
“failed
to
distinguish
between
military
targets
and
the
civilian
population”
in
Southern
Israel
and
that
their
deliberate
targeting
of
civilians
would
constitute
war
crimes
and
crimes
against
humanity.
It
also
notes
that
these
armed
groups
contributed
to
heavy
civilian
casualties
in
Gaza
from
Israeli
retaliatory
fire
after
it
launched
attacks
from
built-‐up,
civilian
areas.
The
damning
parallels
here
to
the
LTTE’s
tactics
against
Tamil
civilians
are
obvious,
and
must
be
interrogated
as
part
of
any
war
crimes
investigations.
The
Rajapakse
government
exclusively
defines
the
second
narrative.
In
its
maddeningly
farcical
description
of
war
as
a
“hostage
rescue
operation”
and
a
“humanitarian
mission
with
zero
casualties”,
it
is
obvious
that
the
government
will
violently
clamp
down
on
any
concerns
raised
over
the
actions
of
the
armed
forces.
Critical
reports
from
the
UTHR
(J)
and
statements
from
V.
Anandasangaree
point
to
the
systemic
and
sustained
targeting
of
Tamil
civilians
in
the
Vanni
by
the
armed
forces.
They
also
raise
concerns
over
the
circumstances
surrounding
the
capture
and
death
of
Prabhakaran.
These
concerns,
from
actors
who
were
never
supine
apparatchiks
of
the
LTTE
or
remotely
interested
in
its
revival,
tellingly
do
not
feature
in
the
mainstream
Sinhala
media.
The
result
is
a
public,
partly
because
they
unquestioningly
consume
myopic
media,
who
will
resolutely
oppose
calls
from
political
parties,
civil
society
and
the
international
community
to
investigate
war
crimes
and
accountability.
Mirroring
the
government,
such
calls
will
be
seen
as
an
affront
to
our
sovereignty,
undermining
our
national
security
and
based
on
hypocrisy
and
dual
standards.
This
same
public,
particularly
if
the
EU’s
GSP
Plus
trade
concessions
do
not
come
through,
contains
elements
that
can
and
will
be
easily
and
effectively
mobilised
violently
against
some
key
actors
in
civil
society.
Examples
of
whipping
up
emotions
in
this
regard
already
abound
in
government-‐controlled
media.
Meaningful
public
discussion
and
debate
on
allegations
of
war
crimes,
or
even
on
the
strengthening
of
domestic
human
rights
instruments
so
comprehensively
undermined
by
government,
is
in
this
context
a
non-‐starter.
The
international
community
informs
the
third
narrative
on
war
crimes.
In
an
article
on
Sri
Lanka’s
bizarre
post-‐war
foreign
policy
published
recently
on
Groundviews,
the
author
succinctly
notes
that,
“The
confrontational
stance
has
additionally
become
a
election
gimmick
to
display
the
regime’s
bravado
in
confronting
world
powers
to
the
largely
insular
rural
electorate
whose
patriotic
fervour
can
be
easily
manipulated
in
order
to
divert
their
attention
from
their
own
as
well
as
the
nation’s
dire
economic
straits.
The
regime
constantly
highlights
the
double
standards
and
hypocrisy
of
the
West
with
regard
to
war
crimes
and
human
rights
abuses
in
order
to
vindicate
themselves
of
the
very
same
injustices
which
is
a
puerile
and
pathetic
form
of
defence,
to
say
the
least.”
The
fiasco
over
Bob
Rae
earlier
this
year
and
the
deportation
and
public
vilification
of
the
UNICEF
spokesperson
are
two
examples
in
a
litany
of
incidents
this
year
alone
that
reveal
the
chutzpah
of
the
Rajapakse
regime.
But
the
underlying
and
enduring
challenge
of
international
calls
for
investigations
into
war
crimes
is
that
it
places
at
grave
risk
domestic
actors,
including
independent
journalists,
writers
and
human
rights
activists
perceived
to
be
supporting
such
investigations.
Also,
using
war
crimes
investigations
as
a
means
of
regime
change
by
some
is
a
covert
agenda
that
seriously
undermines
processes
of
restorative
justice
and
is
self-‐defeating
to
boot.
The
Rajapakse
regime
will
not
be
dislodged
by
international
pressure,
and
the
West
must
be
acutely
sensitive
to
this.
Any
statement
calling
for
accountability
and
recommending
that
human
rights
conditionalities
must
be
imposed
on
and
pegged
to
all
bilateral
aid
and
trade
even
post-‐war,
will
be
seen
and
portrayed
as
evidence
that
the
West,
along
with
its
local
agents,
is
hell-‐bent
on
regime
change.
Invariably,
reactions
to
this
self-‐serving
conspiracy,
from
a
deified,
venerated
government
and
particularly
from
the
Executive
and
those
closest
to
him,
will
be
visceral
and
violent.
These
three
narratives,
inextricably
entwined,
give
very
little
space
for
serious
truth
telling
and
reconciliation
in
Sri
Lanka.
Writing
in
the
New
York
Times
last
week,
Justice
Goldstone
noted
that,
“Absent
credible
local
investigations,
the
international
community
has
a
role
to
play.
If
justice
for
civilian
victims
cannot
be
obtained
through
local
authorities,
then
foreign
governments
must
act.
There
are
various
mechanisms
through
which
to
pursue
international
justice.
The
International
Criminal
Court
and
the
exercise
of
universal
jurisdiction
by
other
countries
against
violators
of
the
Geneva
Conventions
are
among
them.
But
they
all
share
one
overarching
aim:
to
hold
accountable
those
who
violate
the
laws
of
war.
They
are
built
on
the
premise
that
abusive
fighters
and
their
commanders
can
face
justice,
even
if
their
government
or
ruling
authority
is
not
willing
to
take
that
step.
Pursuing
justice
in
this
case
is
essential
because
no
state
or
armed
group
should
be
above
the
law.”
However,
it
is
unlikely
that
the
Rajapakse
regime
will
be
shamed
by
any
war
crimes
investigations
in
the
near
future.
At
the
risk
of
annoying
some,
it
may
be
that
championing
war
crimes
investigations
is
precisely
what
the
international
and
domestic
human
rights
lobby
should
NOT
be
engaged
in
at
present.
Arguably
more
urgent
would
be
advocacy
that
flags
continuing
violations
of
human
rights
post-‐war,
not
least
of
260,000
IDPs
interned
in
hellish
conditions.
Investigations
into
war
crimes
rarely
explore
the
underlying
causes
of
violent
conflict.
Systemic
racism,
a
rampant
Sinhala
Buddhist
majoritarianism
in
all
aspects
of
governance
and
culture,
growing
social
and
economic
inequality
–
these
are
enduring
challenges
of
post-‐war
Sri
Lanka
that
the
defeat
of
the
LTTE
has
brought
into
sharp
relief
and
if
unaddressed,
will
lead
to
repeated
situations
where
crimes
against
humanity
are
alive.
With
some
patience,
it
is
entirely
possible
that
the
growing
nepotism
and
intra-‐
party
strife
in
the
SLFP
will
undermine
the
government’s
power,
with
no
outside
intervention
necessary
or
needed
for
regime
change.
Then,
not
now,
would
be
the
time
for
naming
and
shaming
for
architects
and
perpetrators
of
war
crimes
alive
today
have
few
places
to
hide.
Digital
evidence
and
testimonies
of
their
vile
handiwork,
once
recorded,
does
not
fade
away
with
time
and
cannot
be
censored.
The
stigma
that
such
material
can
arouse
in
the
countries
and
neighbourhoods
perpetrators
may
escape
to
when
their
domestic
power
wanes
can
be
a
powerful
weapon
of
social
accountability,
long
after
crimes
were
committed,
and
beyond
the
control
of
international
jurisprudence,
their
personal
lawyers
and
goon
squads.
As
Justice
Goldstone
notes
in
the
New
York
Times,
“As
a
service
to
the
hundreds
of
civilians
who
needlessly
died
and
for
the
equal
application
of
international
justice,
the
perpetrators
of
serious
violations
must
be
held
to
account.”
That
said,
truth
telling
takes
time,
courage
and
an
enabling
environment.
We
must
be
patient
and
strategic.