Sri Lanka should not agree to any type of Tribunal if crimes by LTTE & India are omitted from trial
Posted on March 13th, 2016

Shenali D Waduge

We are watching a miscarriage of justice unfold if we remain silent to the irregularities, illegalities, irreversible and irreparable damage likely to take place. Sri Lanka must not agree to any Tribunal that only covers 3 months or the last phase and ignores the whole period of the conflict. This is an affront to justice and a violation of Article 12 of Sri Lanka’s constitution granting equal rights to all citizens. No Tribunal can be implemented if it denies justice to victims of the same war. No Tribunal can pick a period and hold a trial covering that period to incriminate ex parte those they wish to slap as war criminals. Such partiality becomes a mockery of justice. No justice can come by excluding one party and going after the other ad hominem. Why has the entire global attention been focused only on victims of Sri Lanka’s military completely ignoring the victims of LTTE and Indian crimes in Sri Lanka? Until such time the UN/OHCHR commit to covering the entire period of the conflict including LTTE & Indian crimes as well as all players (individuals, organizations, countries & LTTE fronts culpable indirectly/directly) for 30 years of crime Sri Lanka’s public should refuse to accept any type of Tribunal.

Equality is granted to all citizens of Sri Lanka by its constitution

Right to equality.

  1. (1) All persons are equal before the law and are entitled to the equal protection of the law.

Audi alteram partem – the World is bound to hear the story of the other side. All this while the world has only listened to LTTE propaganda – the voices of the victims of LTTE/India crimes have gone ignored.

Sri Lanka’s conflict is rooted in history. LTTE was created abroad by neighbour India. To fight against caste oppression was the initial reason Tamil low caste youth were enticed to take up arms. This part of the story never gets media attention but should. Thereafter, the movement for separatism via the Vaddukoddai Resolution was hijacked from high caste Tamil politicians who agreed thinking that militarily their objectives could be reached quicker. This is why Eelam & separatism are two sides of the same coin. To this is combined political opportunism both local and foreign. All these make up Sri Lanka’s story and for any TRUTH to emerge all these parts need to be taken out into the open. The victims are not just Tamils.

A tribunal cannot omit covering below factors.

Factor 1: Armed Militancy created by India

No Tribunal and no Truth can omit this single fact which needs to be brought out into the open. The Council of Foreign Relations clearly indicates that armed militancy was created by India in the 1970s. This means India was a state sponsor of terrorism. India enticed jobless low caste Tamil youth, brought them clandestinely to India, trained them clandestinely in armed war fare, funded and supplied them arms and instructed them to destabalize Sri Lanka. Details of these training camps, numbers of Tamil youth trained, who trained them are all available in the Justice Jain Commission report. The same country that created militants and kickstarted terrorism was also instrumental in saving the tiger leader they created and flying him to safety in India obstructing the Sri Lankan forces from capturing LTTE leader Prabakaran. Had the forces captured Prabakaran in 1987 the loss of thousands of military/civilian & foreign lives would have been saved. India must accept culpability for the act of creating terrorist movements to destabalize a sovereign nation and prolonging the end of a conflict India created. India must be held accountable for every death since sending armed militants from India to Sri Lanka to carry out terror. A tribunal cannot omit this all important and key fact.

Factor 2: Separatism

That Tamil Nadu’s separatism from India and Ceylon Tamil separatism from Sri Lanka are intertwined and part of the same plot needs to be categorically pointed out. It was Tamil Nadu that first began demand to separate from India and thereafter continued via Sri Lanka. Take all the Tamil political parties and leaders of these parties, do a content analysis of their speeches, party manifestos and you will find evidence that they do not propose to live in unity or harmony with other ethnic groups. They are eternally seeking mono-ethnic enclaves whilst holding the right to buy land, living, working and educating their children in Sinhala majority areas while selling the song that they are discriminated. This is with the future intention of amalgamating Tamil Nadu with Sri Lanka and annihilating the Sinhalese from Sri Lanka through land purchase and increasing illegal immigrants from Tamil Nadu. Statistics of these lies need to be brought out into the open.

Factor 3: Tamil Homeland

Anyone seeking TRUTH need to first deal with the question of the homeland notion. Therefore, both Sinhalese & Tamils will need to produce evidence. Tamils must answer why they had been previously referred to as Malabar Tamils because they came from India and reference to Ceylon Tamils came in only 1911. Malabar Tamils have no right to claim any homeland in Sri Lanka as the country was at no time under Indian rule.  Moreover, if Sinhalese had been living in the North & East far before Malabar Tamils arrived the whole argument of quoting ad hoc periods and using that to demand self-determination becomes a futile exercise. Tributaries/kinglets came under the Kandyan King who was the emperor that the colonials referred to as sole leader of the island. Quoting these non-independent kinglets has no argument for self-determination or self-rule. When Don Juan Dharmapala ceded the Kingdom of Ceylon that included Jaffnapatuna. If it was an independent kingdom as Tamils claim Don Juan Dharmapala would not have included it! Simple logic.

http://www.lankaweb.com/news/items/2016/02/20/demolishing-the-tamil-homeland-myth/

Factor 4: Caste issue

This aspect never gets highlighted but needs to because it was against caste oppression that LTTE & other Tamil youth first took up arms. It is why they started killing Tamils first (Alfred Duraiappah & Tamil police officers on duty and thereafter stealing from state banks) It was after getting armed training from India that they elevated themselves to killing Sri Lankan soldiers. Were these on orders from India! A question never answered but should be answered. While much pain is taken to project the notion of discrimination by the Sinhalese the caste divide among Tamils gets conveniently shoved under the carpet. How many are aware that Tamil high castes do not donate blood because they do not want low caste Tamils to have their blood? How many knew that it was the Sinhala soldiers who were providing blood to the Jaffna blood bank? How many knew that when SWRD Bandaranaike introduced the social disabilities act in 1957 enabling low castes to educate themselves, high caste Tamil politicians wrote to the British objecting and demanding that this Act be annulled! These are the very Tamil leaders seeking a mono-ethnic enclave to rule and ‘look after’ their own. The truth is that they want to return to feudal times and turn low castes into slaves again. This aspect definitely needs to come out into the open especially because if inspite of a mono-ethnic enclave established what will invariably happen is Tamils will start flowing into Sinhala majority areas causing another issue thereafter.

Factor 5 : No discrimination – No ethnic conflict

Anyone claiming that Sinhalese are discriminating Tamils must showcase where legislatively, legally & constitutionally Tamils are denied that which legally, legislatively and constitutionally is given only to Sinhalese. It is time a list of all privileges that minorities (Tamils, Muslims, Christians, Hindus, Islam) enjoy in Sri Lanka statistically as well as show economic levels of the majority & minority is produced.

Sri Lanka’s leaders are bound to correct the misconception that Sri Lanka suffered an ethnic conflict. All ethnicities live in harmony. It is the politicians, political groups, rebel movements and foreign funded mischief makers who create disharmony by planting false flag events whilst past incidents have all been with political patronage to advance a parties political agendas and have nothing to do with any disharmony. If there was discrimination how is it that the Opposition Leader is not only Tamil but the very same person whose party has been linked with the LTTE since its inception. Today, the Chief Justice is Tamil, the Central Bank Head is Tamil, the PM’s financial advisor is Tamil, the captain of the national cricket team is Tamil and Tamils have held state and private sector lead roles too.

Factor 6: Who funded LTTE / Who supported LTTE ?

From the time LTTE owned its first gun, held its first gun, fired its first shot a tribunal must come out with every person, organization, politician, foreign envoy, foreign nation, UN, Church and any other who played a direct or indirect role in supporting LTTE terrorism either materially, through passing technical or expert knowledge, financial support, campaign support, gave safe haven, provided medical assistance, appearing on LTTE stages, canvassing for LTTE etc. This list would obviously be a long one but the public has every right to know who and how many played a role funding and supporting LTTE terror.

Factor 7: Indian crimes in Sri Lanka

With the key accusation being the creation of armed militancy which makes India guilty of being a state sponsor of terrorism, India is next answerable for threatening a sovereign nation and forcing that nation to sign an accord (Indo-Lanka Accord) as well as change the country’s constitution to enforce the 13th amendment and the provincial council system which was drafted by India for India’s benefit. India’s next crime includes the crimes committed by the Indian Peace Keeping Force crimes of which covers rape of 3000 Tamil women, training civilians to start an India-friendly counter force, arming other Tamil groups, killing civilians (Jaffna hospital massacre and indiscriminate shooting of civilians in various towns across North), chasing & killing Sinhalese & Muslims out of the North, setting up a pro-India culture among North by funding and placing pro-India Tamils in lead roles. Every crime must be brought out with these victims/their families given a voice.

Factor 8: LTTE crimes & who in LTTE should be held accountable.

The UNHRC/UNSG and numerous other foreign government funded groups are complaining about the killing of terrorist Prabakaran’s son, a terrorist cadre newsreader, supposed killing of the surrendered and white flags when not one of them speaks about LTTE’s inhumane killings of border villagers, farmers, children, civilians, public servants, politicians, Tamils, Sinhalese, Muslims, foreigners, bombing of public places, public transport, vehicles, banks etc or even the LTTE cadres, injured cadres, LTTE children who were killed mercilessly by the LTTE. The LTTE is made up of not only Prabakaran and the men who died in the final conflict but many others who were part of and had been associated with the LTTE. Therefore, notwithstanding the removal of some LTTE fronts from the UNSC 1373 resolution list of LTTE fronts and individuals, that these organizations & individuals were banned incorporating legal means suffices that they be held accountable for LTTE’s crimes since inception including all others who spoke on LTTE stages (in Sri Lanka & abroad), who attended LTTE meetings (in Sri Lanka & abroad) who wrote for and campaigned for LTTE in Sri Lanka & abroad must all be listed and held accountable once every murder committed by LTTE is brought into the open. Therefore no Tribunal can omit to investigate the start of LTTE terror to its end. It becomes a joke and a mockery of justice if we agree to UNHRC’s insidious plan to only cover 3 months of a 30 year conflict which is legally questionable as well. International judges would be insane to appear for a tribunal that covers a selected few months and take up case material that is produced only to declare one party as criminals. Such a hybrid court would end up in the world’s hall of shame in international law & legal justice.

Factor 9: Name & shame individuals / organizations / countries / envoys linked to LTTE terror

It is well & fine to pin point officers of the military if they had been functioning outside of the laws governing an armed conflict with non-state actors, however the Tribunal cannot omit from investigation every individual, organization, countries, envoys and even UN officials as well as Church hierarchy who had been associated with LTTE separatism and killings since inception. Justice must not only be done, but must be seen to be done (Nemo iudex in causa sua)

Factor 10: Equality / All guilty to be named and punished including foreign players involved

  • UNHRC/UNSG or any other entity cannot call for accountability for alleged war crimes to cover only a selected period while ignoring the entirety of the conflict. The entirety of the conflict has to be covered
  • UNHRC/UNSG or any others cannot give victim status to one party and deny that status to the other party’s whose sufferings are similar. Article 12 (Chapter 3 of Sri Lanka’s Constitution) grants equal rights to all before the law and equal protection. Please read Mr. Senaka Weeraratna’s article which clearly outlines this argument. http://www.asiantribune.com/news/2012/03/27/unhcr-vote-geneva-india-opens-can-worms
  • Every individual/organization/ entity involved in terror must be named and investigated and the victims of these must be given relief through punishment of alleged perpetrators or reparations or both.
  • There cannot be arbitrary selection of personnel for investigation & prosecution and indictment.
  • Justice cannot be compartmentalized focusing on only one group while excluding the other.
  • No retrospective justice can be accepted against a defined group of people with prejudiced agendas
  • Arma in armatos sumere jura sinunt – Sri Lanka had every right to take up arms against the armed. Military solution came after 30 years of suffering, failure of peace talks, negotiations and failure by the UN and IC to offer any viable solution to stop killing and separatism of a sovereign country.
  • Unfortunately all those who sit in judgement have some link or the other to the LTTE & those responsible for 30 years of Sri Lanka’s suffering and none of these have right to steer a tribunal against Sri Lanka – Nemo debet esse judix in propria causa (nobody can be the judge of his own cause)

We cannot agree to any kangaroo court that seeks to qui parcit nocentibus innocentes punit  – who spares the guilty and punishes the innocent.

Most importantly, there are allegations and even court cases challenging the legality of the UNSG Panel of Expert report, the Resolutions against Sri Lanka and the biased nature of the OHCHR/UNHRC. Until such time these allegations are investigated and cleared Sri Lanka should not agree to accept any type of Tribunal against Sri Lanka in particular if they propose to put a time bar and conveniently omits LTTE & Indian crimes that cover over 30 years.

Shenali D Waduge

21 Responses to “Sri Lanka should not agree to any type of Tribunal if crimes by LTTE & India are omitted from trial”

  1. Outspoken Sri Lankan Says:

    This is the biggest joke!!!! The Foreign minister is off on foreign jaunts at government expense talking about reconciliation. He had a slip of the tongue in Washington at the US Institute of Peace and said they had talks with the “Diaspora” before the elections and also on his recent visit at the end of February 2016 when in his mind “Diaspora” is Tamil Diaspora only. He has never met with any of the active Sri Lankans in Washington DC that support Sri Lanka above and beyond their political gimmicks!!! So in other words, the diaspora that counts for this government is only the Tamils. We know what that means. Money Talks. They are talking Reconciliation with spending on committee after committee but don’t seem to be tuned into what is going on. Rumblings of fund raising goes on. The biggest fools are the US STate Department that is so euphoric about the change of Government in Sri Lanka and Nisha Biswal gets two kisses on either cheek from the Foreign Minister to sing his praises. She doesn’t know what the people are suffering or pretends not to know. What is this euphoria about the regime change. The Foreign Minister shamelessly exposed political rivalry and referred to the win of the war as “Rajapakse triumphalism” as if they didn’t benefit from the peace. If Lakshman Kadirgamar was put down by the LTTE, Samaraweera would have been a piece of cake for the LTTE. We are hearing the recording of Ekneligoda and the LTTE talking Surface to air missiles. It is time the people know the truth. What reconciliation with plans for return to armed conflict and hell bent separation goals. Reconciliation means that it is a once and for all return to peace with no chance to return to armed terror. The LTTE is blood thirsty and it continues. Who are they fooling? Making the citizens of the country angry has a limit.

  2. Fran Diaz Says:

    Shenali has covered all the salient points in this article. Thank you very much, Shenali !

  3. Fran Diaz Says:

    Re the LTTE :

    Extreme Terrorism and Tamil Caste Wars, Cold War and Tamil Separatism coming from Tamil Nadu, are all mixed up here.

  4. Kumari Says:

    Indians killed more Tamils than the Sri Lankan forces. It was Indira’s pet project to train LTTE, taken to a new high by the son Rajiv. Gandhi’s paid for their actions by facing violent deaths. In the last three months of the war, all our security forces did was to rescue and safeguard the Tamil community from their own oppressors.

    How respectfully did our forces and the government treated the refugees who managed to escape the clutches of LTTE. They were treated with food, water, entertainment through televisions etc. On a daily basis we see the Human Rights champions of the world the Europeans’ treatment of the Arab refugees they helped create. Arabs are welcomed with Water cannon and Tear Gas. Shame on you Europe.

  5. AnuD Says:

    I always Trust our buddhist monks. They are always conscious and if things go really bad, they will remind us.

    Then it will be a big Rebellion and Parliament will be history.

    But, we can not wait until that.

  6. Dilrook Says:

    Since 2011 we demanded a comprehensive war crimes investigation covering not just the LTTE and India, but also Tamil politicians, civil groups and NGOs (for instigating violence), Tamil diaspora and their host nations for financing terror and other connected groups.

    This was not done. Justice will not be done to the victims of these groups. More than that, the country doesn’t have a lever to control the war crimes charge. Had we a mechanism to retaliate Tamil war crimes claims, we should have negotiated for a compromise. Useless focus on reconciliation shut this avenue, handed over the sword to the enemy and the leather sword cover to our government.

  7. Susantha Wijesinghe Says:

    WE HAVE HAD SOME BAD NEWS THAT OUR DEAREST FRIEND LORENZO, OF LANKA WEB FAME, IS IN HOSPITAL AND IS ON LIFE SUPPORT. IF THIS IS TRUE, ALL OUR PRAYERS SHOULD COLLECTIVELY BRING HIM OUT FOR A MIRACULOUS RECOVERY.
    BLESSINGS OF THE NOBLE TRIPLE GEM FOR A VERY SPEEDY RECOVERY.

    FROM ALL AT LANKA WEB.

    DHAM AND PIYADIDAMA, PLEASE KEEP US INFORMED.

  8. Hiranthe Says:

    Thank you Shenali for the hard work in presenting these to the wider world.

    Let’s keep Lorenzo in our prayers for a speedy recovery. Thank you Susantha for the information shared.

  9. Susantha Wijesinghe Says:

    HIRANTHE !! LORENZO HAS SOME BEAUTIFUL TRAITS IN HIM, AND THAT IS WHAT MADE ME APPRECIATE HIS OUTPUTS, AND BECOME MORE INTERACTIVE WITH HIM ON LANKA WEB. I EVEN OFFERED MY SKYPE ADDRESS TO SPEAK TO HIM ON A MORE PERSONAL LEVEL, THOUGH HE DID NOT RESPOND.

    I DO HOPE THAT DHAM AND PIYADIGAMA WILL UPDATE US, ON HIS PROGRESS. BLESSINGS TO LORENZO FOR A SPEEDY RECOVERY.

  10. Dham Says:

    Susantha,
    I too am extremely saddened with the news but I have no contacts whatsoever with him or anyone he knows. I am at the same position as him. I was responding to Piyadigama who informed us. Hope to here from him soon with good news.
    You offered me your Skype too it is still in my Skype contact addresses list but you were not on when I called that was some time ago. We attempted poem writing with encouragement from you when you were not well.
    It has been bad year for patriots as Lorenzo himself said few months ago.
    May he be well soon.

  11. Susantha Wijesinghe Says:

    Dham, Yes, I remember my trying to encourage all to write Poetry. That was in 2013. Piyadigama has written in Sinhalese, and I did not comprehend the second para. I did not understand what he was trying say. My Sinhala is not that good. There was a time Dear Shenali was out on Lanka Web, and now we are so Happy to see her regular postings.

    I think Piyadigama is the one who will keep us posted about Lorenzo.

    If I know what Hospital he is in, I can send one of my close childhood friend to see him and give us an update.

    Our Prayers are with Lorenzo. I too, am extremely saddened.

  12. Dham Says:

    Susantha,
    What Piyadigama saying was he met Lorenzo first in the Army Hospital and a physical description of him followed by a very moving statement of “the soldier”. What I understood was Piyadigama has been a soldier but Lorenzo was an LTTE intelligence man how crossed over to helped the army (but was never in the battle field ).
    I believe lives of these people who actually saved the nation are in danger now (whilst those big fish including all major politicians are safe in the hands of Batalanda Prince. Batalanda has a pact with all our pretender chiefs of war. I even suspect FBI/CIA are after these real heroes. We should let them hide their identity.
    Lorenzo was stupid to write “military takeover ” all the time. I tried to stop that. I have to confess that I had this thought came up they are after him- it is a strange thought, but it happens all the time. I made in a comment to you when I had that feeling but it went unnoticed. Please check comment around 5th- 14th march.

  13. Susantha Wijesinghe Says:

    DHAM !! Long time back, I too joined Lorenzo about the Military take over. Some commenters called Lorenzo, the Commander-in-Chief, and me, the Defence Secretary. Both of us got a lot of Flak. I will try to locate your comment.

    Thanks for enlightening me on that write up.

  14. Dham Says:

    Susantha,

    That was on the 7th. I said “Susantha, where is Lorenzo ? Caught and Caged by Ranil”
    He did not comment after march 1 or 2.

    Anyway I tried to trace down accidents.
    I suspect this one “http://www.wcvb.com/news/car-crashes-into-newton-restaurant/38284180”
    He could have been enjoying a Vegetarian Pizza ?

    I searched here, assuming USA since he told me so if I remember correctly.

    “http://accidentdatacenter.com/accident-report-researcher/date/2016/date/2016/date/2016-03/date/2016/date/2016-03/date/2016-03-01?search_api_views_fulltext=34%20year%20old”

    But we don’t know.

  15. Susantha Wijesinghe Says:

    Dham !!!

    Your first link takes us to Sweet Tomato Newton Restaurant. I saw the accident on Youtube. There are nine Still Pictures. Three have died, and Seven injured taken to Newton Wellesley Hospital, 2014 Washington Street, Newton MA 02462. MA is Massachusetts. Telephone number 617 243 6000.

    I remember Lorenzo telling that he will be visiting USA soon.

    How come you got this link ? Are we on a wild goose chase ?

  16. Dham Says:

    Susantha,
    Yes. It is useless but I was just curious.
    Piyadigama rarely writes here. Hopefully he will give more current news on this. Anyway, what is important is his recovery. Without him there is a big void here. He is one man who very easily understands me. I miss him. No heart to write.

  17. Susantha Wijesinghe Says:

    DHAM !!! I TOO, HAVE NO HEART TO MAKE A COMMENT, OR WRITE A POST.

    MY LAST POST TITLED ” SADISM RIFE IN SRILANKA ” WAS NOT PUBLISHED. I WROTE ABOUT THE LIVE SKINNING OF AN EAGLE, THE FIVE BURNT IN THE VAN, AND ALSO SOMEONE HITTING A PRIEST WITH A POLE. IF THE MODERATOR THOUGHT SOMETHING WAS INAPPROPRIATE, HE COULD HAVE DELETED IT AND PUBLISHED THE REST. I HAVE NO HEART TO MAKE A CONTRIBUTARY COMMENT OR POSTING. I WILL TAKE SOME REST TILL LORENZO COMES BACK. I WILL KEEP IN TOUCH OCCASIONALLY ON LANKA WEB, NEVERTHELESS.

    I HAVE WRITTEN ARTICLES FROM A LONG TIME BACK. TIME TO BE LIKE ANANDA-USA. CAN BE TERMED AS A DROP OUT.

  18. Dham Says:

    Susantha,
    Please don’t go away like that. I too have taken long breaks but we should still try and contribute.
    Without you will be a double loss.
    We should hang on.
    We all know personally it is time loss for us ( except enjoying the meeting place) but person is not that important. We should support justice to our best of knowledge.

  19. Susantha Wijesinghe Says:

    DHAM !! IAM DIS-HEARTENED, IAM SAD. APPRECIATE YOU ASKING ME TO HANG ON. WE HAVE INTERACTED CLOSELY. LORENZO TOO INTERACTED VERY CLOSELY WITH ME, ALL THIS ON LANKA WEB. IT BRINGS PEOPLE WHO HAVE NEVER SEEN EACH OTHER, CLOSER. TRY TO BE WITH YOU ALL. AS YOU SAY **HANG ON **

  20. Dham Says:

    I have seen the face in Skype. That was couple of years ago, when you came out from supposed to be “terminal sickness”. Lorenzo to was checking your health regularly. I will contact you again, it may come with the skype name but please accept.

  21. Susantha Wijesinghe Says:

    DHAM !! I had two of my spine bones rubbing, and giving me excruciating pain. I had Spinal Surgery, putting a brace between the two joints with two Titanium Screws. I was OK after that. That was a bad period for me. It was not Terminal. I still have a pinched nerve on my neck due to extensive Arthritis, but no Surgery because of age. Monday 21st, Iam going for a Cervical Epidural Injection on my spine. I have to live with pain procedures. Generally Iam Healthy for my age. My problems are due to Arthritis. Just give me a hint when you are coming on Skype.

    After I gave my Skype Address, I found about twenty people under different names coming on. I declined all as I did not know who it was.

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