More than 30 years: We, the victims of LTTE war crimes are STILL awaiting justice
Posted on February 19th, 2016

Shenali D Waduge

LTTE’s terror was first unleashed on innocent border villages and since over 30 years, every month, every year the LTTE has been attacking innocent people. Where was the UN/INGOs/NGOs and the world before 2009? If true accountability is to prevail the UN is duty-bound to ensure that we are provided answers. We demand to know how the LTTE started, who armed, trained, financed and provided material support to the LTTE and the crimes that were perpetrated over this period until their defeat in May 2009. Therefore, any committee that the UN & GOSL has created cannot omit tabulating the following crimes and obtaining witness accounts from survivors & their families. We are surprised why the so-called human rights champions and justice-seeking NGOs making representations over 7 years to Geneva have not presented a list of these LTTE crimes against humanity.

The key failure of the Khmer Rouge Tribunal in Cambodia, another hybrid court was that it totally ignored 90% of the victims who were in rural Cambodia.

How many in the villages that LTTE attacked even know who Ban Ki Moon is or have even heard of the UNHRC to make submissions? Isn’t it always the same sets of people that foreign representatives end up meeting?

UN has nicely covered up itself through the Petrie Report but UN has failed to answer what it was doing from 1980s to May 2009 when the LTTE was unleashing terror on civilians? UN comes out with the red card only after LTTE was militarily defeated and produces all the violations that the Sri Lankan military has committed and passes minor reference to LTTE just to show LTTE has been covered.

Nonetheless, none of the UNHRC’s reports, UNHRC investigations or the NGOs that work closely with them have presented any of LTTE’s violations and the whole emphasis is always on the Sri Lankan military.

In the case of Cambodia, Congo, Sierra Leone, etc the hybrid court tribunals were all going against rebels. In the case of Sri Lanka, the rebels are not investigated but an unusual effort is being taken to somehow find evidence against the Sri Lankan military.

While people can name those that the LTTE killed, and 5000 soldier wives and parents can name their missing husbands/sons it has taken 7 years and 3 resolutions, 1 UNHRC investigation and we are still to be given the names of the supposed 40,000 to 100,000 that the army has killed. However, the entire mainstream media enjoys claiming that the tribunal is against war crimes committed by the Sri Lanka army with no mention about the LTTE.

This is getting beyond a joke now and officials will in years to come enter history books for the crass hypocrisy and injustice being meted out if true accountability is the aim.

The list of crimes of LTTE

  1. Pre-meditated murder
  2. Ethnic cleansing of Sinhalese & Muslims from the North in 1980s
  3. Theft of lands and property from Sinhalese & Muslims
  4. Emotional and Mental agony suffered by those chased out of their homes/lands/property
  5. Storming villages, cutting people & children to pieces (Committee must go to each village LTTE attacked since 1980s)
  6. Destroying cultivation and denying means of livelihood to villages
  7. Targeting civilian installations (Committee must forward a list of all public places LTTE attacked since 1980s)
  8. Violation of Additional Protocols of the Geneva Convention that prohibit acts aimed at spreading terror among civilian populations
  9. Instilling fear among the Sri Lankan civil polity who were too scared to even leave their homes
  10. Loss of revenue for the country as a result of LTTE’s terror reign affecting investments / development / tourism / productivity of people etc
  11. Violating Article 3 of the Universal Declaration of Human Rights – denying people right to life, liberty and security
  12. Violating Article 4 & 5 of UN Declaration of Human Rights – LTTE held Tamil low castes as slaves/in servitude and were severely punished
  13. Violation of Article 26 of the UN Declaration of Human Rights – LTTE’s denial of fundamental right to the Tamil children it abducted and turned into child soldiers
  14. Violating Freedom of Movement (a violation of international and Constitution of Sri Lanka) – Tamils given passes by LTTE’s Transport Monitoring Division while no Sinhalese / Muslims were allowed into LTTE controlled areas.
  15. Violating freedom of thought & expression and democratic rights – anyone opposing LTTE was killed or severely injured
  16. Forcing Tamil low caste families to ‘donate’ a child to the LTTE cause
  17. Forcible abduction & recruitment of low caste Tamil adults as ‘volunteers’ and children as child soldiers. Even pregnant women abducted were given medicines to abort their unborn foetus.
  18. Psychologically terrorizing people including Tamils who were physically attacked abroad if they did not contribute to the LTTE kitty
  19. Forced starvation – LTTE denied Tamils the essential goods sent by the GOSL
  20. Confiscating essential commodities (food, medicines, fuel) sent by GOSL and distributing them only among LTTE families.
  21. LTTE taxation – every business operator forced to pay tax to LTTE monthly
  22. Public execution for any Tamil providing information to the Sri Lanka Military/Police
  23. Crime against humanity – ordering Tamil cadres to commit suicide.
  24. Crime of suicide terrorism which has no legitimacy under international/local laws. Suicide attacks fall into category of murder with mens rea – willingness to kill and willingness to die.
  25. Assassinations – no entity has the right to deny the life of another.
  26. Illicit trade international network that continues still (narcotics, human smuggling, credit card, boat smuggling, money laundering)
  27. Violation of 3 & 4 Geneva Convention & Additional Protocol 1 – Using civilians as Human Shields. ICC declares that ‘utilizing the presence of a civilian or other protected person to render points, areas or military forces immune from military operations’ is a war crime
  28. Shooting fleeing civilians during end of conflict despite calls made by UN and foreign envoys to release them http://www.hrw.org/sites/default/files/reports/ltte1208webwcover_1.pdf / http://www.youtube.com/watch?v=9C3uYsnHIkw Anna Niesat of Human Rights Watch
  29. Sending children and untrained men and women to battle compromising their lives.
  30. Giving children, men and women who have never held a gun and ordering them to shoot turning them into armed combatants and thereby losing their status as civilians.
  31. Violating Article 5 of IHL Civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances” (Protection of civilian population).
  32. Violating Article 23 of (Third Geneva Convention) specifically states that a prisoner of war is not to be used to render certain points or areas immune from military operation”. (Geneva Convention III).
  33. Violating Article 28 declaring illegal the practice of employing human shields under IHL Fourth Geneva Convention the presence of a protected person may not be used to render certain points or areas immune from military operation”.
  34. Violating Additional Protocol 1 to the Geneva Convention Article 51 (7) says the presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operation, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations”. (LTTE used passive and active human shields – voluntary human shields or involuntary it is a violation)
  35. Violation of no fire zone/civilian safety zone – LTTE used area designated only for civilians and fired from inside. GOSL declared zones on 21 January 2009 and 12 February 2009. Loudspeakers/leaflets were dropped to direct Tamils. LTTE took its heavy machinery into these demarcated areas and shot at the SL Military from inside
  36. LTTE did not fight in uniform blurring distinction for soldiers to identify combatant from non-combatant.
  37. Using civilians to bargain and buy time.
  38. Violating Geneva Convention by hiding amongst civilians, keeping weapons amongst civilians and firing from amongst civilians.
  39. Killing LTTE’s own injured cadres – putting injured cadres into buses and blowing them up.

    Material support to LTTE

  • We want to know why LTTE and LTTE fronts declared under UNSC Resolution 1373 naming 16 organizations (operating from overseas) as LTTE fronts and 494 individuals in April 2014 were not designated and why some of these entities have suddenly ben deproscribed.
  • We would like to have the accountability include the lists of Tamil civilians living overseas who are coerced into contributing to the LTTE kitty and forced to take part in demonstrations carrying eelam flags.
  • Investigations into foreign kovils that had been collecting for the LTTE as well as links to Church-LTTE.
  • Investigate LTTE links to politicians / INGOs/NGOs / foreign envoys / UN officials / foreign parliamentarians / foreign governments etc
  • Investigation on LTTE’s violations of IHL (LTTE as a terrorist organization may not be granted prisoner of war status but LTTE had to abide by the laws of IHL and keep to rules of the Geneva Convention)

We await to see how far the Pakiasothy consultation committee tabulates the war crimes & crimes against humanity committed by the LTTE if as they say they are neutral players in a quest for justice. So far we have had no evidence of such but we shall give the benefit of the doubt to see whether the above will enter their reports. If not, we can all assume that like all other tribunals of the UN/UNHRC it has been a waste of time, money and made a handful of people richer by creating opportunities for them.

On both visits of the UNHRC head to Sri Lanka none of the LTTE victims were even met and UN local office / local NGO representatives or even foreign envoys did not even bother to arrange meetings with victims of LTTE terror and the attention was only on Tamils totally ignoring the Sinhalese & Muslim victims of LTTE terror through 3 decades. How fair is this?

Shenali D Waduge

17 Responses to “More than 30 years: We, the victims of LTTE war crimes are STILL awaiting justice”

  1. Christie Says:

    It is the terrorist arm of the Indian Empire armed, trained, managed, financed and branded Tamils Tigers (LTTE) by the Indian Empire.

  2. Fran Diaz Says:

    The LTTE list of Atrocities by the LTTE show how, in spite of all that was given to Tamil folk of Lanka by successive Lanka Sinhala/Buddhist leaders, the LACK OF GRATITUDE BY THE TAMIL LEADERS is stunning.

    Also, what stands out is INDIA’S PERFIDY in training the LTTE in Tamil Nadu during the Cold War times.

    What is happening in Neo-Colonisation of Lanka and Tamilsation of Lanka to be taken over by Tamil Nadu culture of CASTE and poverty of masses.

    All this must inspire ALL of Lanka to get together to SAVE LANKA. Even Lanka Tamil peoples salvation will depend on how they integrate into mainstream life in Lanka.

    *. Remove the Tamil Language (N&O)
    *. Remove the 13-A

  3. Lorenzo Says:

    Fran,

    “*. Remove the Tamil Language (N&O)
    *. Remove the 13-A”

    We must ONLY VOTE for a leader who promises to *. Remove the Tamil Language (N&O) and *. Remove the 13-A.

    IF we blindly go after politicians who don’t care about these 2 demands we will be in the same dirt as RW+CBK.

    This applies to MR as well. MR must agree to *. Remove the Tamil Language (N&O) and *. Remove the 13-A to get out votes. NO VOTES otherwise.

  4. Fran Diaz Says:

    Lorenzo,

    Find someone who will remove the 13-A & the Tamil Language. MR never said he will not do so, did he ? Ask him and his group and see what he says.

    Personally, I would not put conditions on MR coming back. I would vote him in anyway as he has proven statesmanship.

    It ought to be the UNP to do this job as the 13-A was imposed under the JRJ govt. UNP. Will Ranil do it ? Unlike you, I would not vote for him, even if he does.

  5. Susantha Wijesinghe Says:

    FRAN !!! I BEG TO DIFFER. IMMEDIATELY THE WAR WAS OVER IN MAY 2009, HE SHOULDS HAVE VETOED THE 13A RIGHT THEN AND THERE. HE HAD THE CLOUT, HE HAD THE TWO THIRDS MAJORITY, HE HAD THE BACKING OF THE WHOLE COUNTRY. THE 13A WAS FORCED UPON SRI LANKA UNDER DURESS, AND THERE WAS A CLAUSE IN OUR FAVOUR, THAT IPKF WILL FINISH THE WAR IN ONE MONTH AND LEAVE. PLEASE CORRECT ME IF MY REFLECTED TIME SCHEDULE IS WRONG. HOW MUCH LORENZO AND ALL OF WROTE ON THIS LANKA WEB TO FINISH OFF WITH THE 13A. MR DID SWEET BUGGERALL. HE WAS SCARED OF THE INDIANS, FOR NO REASON. HE HAD CHINA ON HIS LAP AT THAT TIME.

    NOW HE SHOULD DECLARE THAT HE WILL NULLIFY THE 13A WITH HIS NEW PARTY. OTHERWISE HE WILL END A CROPPER, PERIOD.

  6. Fran Diaz Says:

    Susantha,

    Why did the LTTE kill off so many UNP leaders ? Who gave the command for that – who was behind P’karan ?

    That said –
    After the war finished, why didn’t MR remove the 13-A ? You will all have to ask him why. I suspect his better sense in politics prevaied.

    I myself wrote in many times then to remove the 13-A. I wish they had all got together and removed it. Why didn’t Ranil press for the removal – after all, he was Leader of the Opposition then, and it was during the UNP times of JRJ that the 13-A was imposed under Duress ? It was his duty at least to request the removal of the 13-A.

    Now that Ranil is Exec PM, he certainly has the powers to remove the 13-A. But I wouldn’t vote for Ranil for removing it as he is basically a dishonest and inept politico.

  7. Dham Says:

    Fran/ Susantha,
    I 100% agree with you at “personal” level ( as individuals).

    If we want to award the job to a contractor ( say bathroom renovations ), we ask our friends, do all the checks etc. We award the job based on that trust. But we still sign a contract.

    If we do that for the company we are working for, we go beyond that. We make sure everything in the contract benefits the company.

    When you think as a country, that personal trust is good enough to vote for ordinary people. But looking at his tract record , I am afraid I too agree with Susantha.

  8. Fran Diaz Says:

    Dham,

    Speaking for myself, MR’s track record is excellent. He is the only Prez who truly delivered to the ordinary folk of Lanka.

  9. Dham Says:

    Fran,
    Have you travelled in a public bus during rush hours in suburbs of Colombo in 2014 ? I amean for a distance like Fort to Ratmalana, Fort to Homagama , Fort to Kaduwela or Fort to Ragama ?

  10. Dham Says:

    Let me have a leader who declare ” We will make city 3 wheel drivers taxi drivers in 2 years” than who says “we will reduce 3-wheel import tax for our 3- wheel Mallis or reduce oil prices for 3 wheel Mallis “.
    We need people who guarantee a proper public bus service in 2 years. Our busses are tuck converts good for India only and other 3rd world countries. We cannot consider ourselves as “third wold” when looking for leaders.

    I am giving an example of good political leadership. The first and 3rd statement is from someone has a vision. The second one is from someone looking for votes.
    Give me a single statement from MR on political leadership. Please note I am completely disregarding the people like Ranil as I don’t even consider him as a leader who will put the country right.

    I haven’t even read Ranil’s “Panchvidha” rubbish. I read MR’s 2015 election manifesto. It has absolutely no political vision. It tries to hide its statement “LLRC in 1 year” which is worse than Ranil’s. So, at the moment, he is useless to me. But I accept we have no other one. ( may be Gota, but I am suspicious of intentions of all Rajapaksas). This is my position. This is why we all Lorenzo, Susantha need that guarantee, but we know it is not going to come from anyone. Finally we have to settle with no gurantee – means no hope.

  11. Fran Diaz Says:

    Dham,

    Polticial Visions from Rajapakses were/are all curtailed due to the War Crimes Charge and pressure from the RW camp/west. After the war, the MR govt was thwarted from the start. If the MR govt was allowed to evolve, they had the best vision. I know people who even blamed the UNP Kotalawela’s Golden Key scam on MR !

    In any case, it is good that Lanka folk can now see realities of the ‘wonder’ Economy under the RW/CBK Yahap.

    As for Ranil’s ‘one MIllion jobs’ I think he means that for Indians and not for Lanka folk !! – if the Trade Agreement with INDIA is signed up, that will be apparent. INDIA is a very aggressive trade partner to deal with – make no mistake. I am never enamoured with Ranil/CBK promises because their track record for the Economy and the people of the country is zilch. They seem to just hand over the country to foreign powers to run !

    INDIA is the bug in the ointment. INDIA has to be made to feel safe first re Lanka. Lanka ought sign in an MoU with INDIA/UN to safeguard INDIAN security first. Remember that it was the UNP that invited the 13-A from INDIA first due to JRJ going too far west during the Cold War. For INDIA, those fears are back with the UNP in power now, even though nominally INDIA is with the west now. For all practical purposes, INDIA is a Socialist/Communist country. You must acknowledge too that Europe, for all practical purposes, is Socialist now. In fact, that is what WW I&II were about – going from monarchies, despots, etc to Socialism. The so called huge capitalist countries are also turning to similar social structures, at least mostly. Ranil/CBK vision is capitalism first, imposing Fascist style governance …. will not work.

    Re public Transport, three wheelers are not the answer. A good bus/van service is better. Vans ought to have high roofs. I recall that even those days in the 80s those who travelled by private run van transport had to bend over if standing and travelling. Common sense has to be used. How do other countries manage ?

  12. Lorenzo Says:

    Fran,

    As far as the 2 biggest threats to SL today are concerned (13 amendment and Tamil N&O language) MR=CBK and RW.

    You talked about how I support Russia for eradicating terrorism as MR did. The difference is Russia will never allow a VIgneswaran after winning the war and 13 amendment type blunder!!!

  13. Fran Diaz Says:

    Lorenzo,

    To compare Russia with Lanka is to compare an Elephant with a mouse, in size and clout. The Cold War was between the two Super Powers, Russia & America.

    CBK & RW are not equal to anyone in their combined seemingly anti-Sinhala/Buddhist stand, plus their capacities to down the country, Economy & self esteem.

    With friends such as Lanka has, who needs Enemies !

  14. Dham Says:

    No elephant eradicate terrorists. Mouse did.

    After wining the war, this Powerful Mouse is brainwashed to think like an Ant.

  15. Fran Diaz Says:

    Dham,

    Some Elephants keep pet terrorists ! Courageous mice are not welcome by such Elephants.

    Ants are smart creatures. They are survivers – one day Earth may belong to Ants !

  16. Lorenzo Says:

    Fran,

    You compared SL to Russia in war victory, not me.

    1. According to YOU the 2 BIGGEST THREATS to SL are 13 amendment and Tamil O&N language. I agree.

    2. You KNOW VASU, THAYAN and GLP are the BIGGEST supporters of 13 amendment and Tamil O&N language. GLP called LTTE Anton Ballasingham YOUR EXCELLENCY and invented CBK’S POLITICAL PACKAGE!! I agree.

    Put these 2 FACTS together.

    Vasu, Thayan and GLP are the BIGGEST SUPPORTERS of the 2 BIGGEST THREATS to SL – 13 amendment and Tamil O&N language!!

    That makes them some of the worst in SL and UNFORTUNATELY both are with MR, not CBK-RW. MR must shed them. Otherwise people will think the MR camp is made up of worse traitors than CBK-RW.

    You are TRAPPED in your OWN logic!

  17. Fran Diaz Says:

    Lorenzo,

    Stay with what is important only. The rest of what you say is not important.

    What is important ?
    That is, Removal of the Tamil Language (N&O). Sinhala the only N&O language. English & Tamil as link languages.
    This is for Security as well as true Reconciliation.

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