Bandula KothalawalaƒÆ’-¡ƒ”š‚  London N7

According to some news reports from Chennai, India, Mr Bruce Fein, former US Deputy Attorney-General (1981-82), has reiterated his charges of ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-genocideƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ against the Sri Lankan Government in a recent seminar. In the meantime, the British media, notably, The Times have carried on their relentless campaign of disinformation and vilification against Sri Lanka.

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On 15 February 2009, Mr Fein announced that he had already delivered his 1000-page voluminous dossier against Mr Gotabhaya Rajapaksa, Defence Secretary, and General Sarath Fonseka, Army Commander, to the US Attorney General Eric H Holder. Mr Fein spoke of a gristly 61-year tale of Sinhalese Buddhists attempting to make Sri Lanka ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Tamil freeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. There is no indication as to who else has been indicted by Mr Fein. On the face of it, it seems that Mr Rajapaksa and General Fonseka have embarked on their genocidal warfare rather early in their life. Of course, Mr Fein has been careful in the choice of the cut-off date to absolve the British Government. Sri Lanka gained independence on 4 February 1948.

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On 3 February 2004, the same Mr Bruce Fein published an article in the Washington Times, with a rather different message for the US authorities! Mr Fein, commenting on the designation of the LTTE and PKK on 8 Oct 1997 as a foreign terrorist organisation under the Anti-terrorism and Effective Death Penalty Act of 1996, said:

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The designations pivoted on the indiscriminate use of violence by the PKK and LTTE to intimidate civilian populations and to cow the democratically elected governments in Turkey and Sri Lanka to capitulate to their secessionist demands.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

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Mr Fein went on to warn people against supporting secessionist movements.

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-But a constitutional right to assist a foreign terrorist organisation to win secession from a nation with which the United States is at peace ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” whether through negotiations or otherwise -is preposterousƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

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Mr Fein launched a ruthless attack on the LTTE and expounded on the nature and activities of the outfit.

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The Tamil Tigers seek a secessionist state in the northern and eastern provinces of Sri Lanka through violence. Characteristic of like organisations, the LTTE undertakes auxiliary activities that strengthens its terrorist torso and sweetens its public face: political organising and advocacy; diplomacy and social servicesƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

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Commenting on the case of two Tamil doctors seeking to provide medical assistance for LTTE, Mr Fein pointed out:

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Medically assisting the LTTE, however, facilitates terrorist abominations. Its injured members more quickly return to terrorist duties. And the LTTE attracts more grass-roots sympathisers, financial contributions and terrorist recruits. The nefarious LTTE terrorist goal of partitioning Sri Lanka into separate Tamil and Sinhalese nations will be closerƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

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One has to pinch oneself to be convinced that these quotations are not diatribes against the LTTE by a Sri Lankan Government minister or an SL army officer, but from the very same Mr Fein who is now hell-bent on indicting Sri Lanka of war crimes for defeating the very same terrorist outfit!

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Apparently, genocide is Mr FeinƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s specialism, for he earns his bread by denouncing, on behalf of the LTTE, the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-genocideƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ committed by the Sri Lankan Government against the Tamils while assisting the Government of Turkey in its efforts to deny the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-genocideƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ against the Armenians.ƒÆ’-¡ƒ”š‚  Mr Fein, Counsel for Tamils against Genocide, is no stranger to controversy and has been touting himself as an international consultant for quite some time now. What intrigues us most is how Mr Fein achieved this extraordinary transformation from a fierce critic of the LTTE into, perhaps, one of its most sycophantic and servile admirers in a little more than five years. The metamorphosis beggars belief. It bears ample testimony to the moral turpitude, intellectual dishonesty and sheer venality of a man who, in this regard, seems to find himself in a league of his own. With its USD 200m-300m annual income, according to the estimates of the JaneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Defence Weekly (2008), the LTTE had become a goldmine for unscrupulous people in the US, Europe and, of course, in Tamil Nadu, who would, without batting an eyelid , stoop to any depths and espouse any cause in exchange of a few hundred thousand dollars. The fawning Mr Fein feigned ignorance of his own anti-LTTE stance in the past, inveigled the LTTE into employing him as their counsel and has assured himself a life in clover. ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

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The Times

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The Times, true to its tradition, has been wallowing in its sordid canards. The award-winning Marie Colvin has launched fresh accusations against the Government of Sri Lanka and claimed that the Sri Lankan forces killed some LTTE leaders who were on the point of surrender, presumably, in contravention of the Geneva Convention. In her own almost inimitable style of peddling in bare-faced lies, half-truths and distortions roughly in equal measure, the incorrigible Marie, has related in great detail how the LTTE relied on her to negotiate their surrender. Marie appears to have been an eyewitness, for she gives a vivid account of the events with direct quotes. Moreover, her linguistic prowess in Sri Lankan vernaculars is conspicuous, as she reports on, at least, one conversation which, according to her, took place in Sinhalese. ƒÆ’-¡ƒ”š‚ Unfortunately, there is no way of checking the veracity of her story, as people concerned, according to Marie, are all dead now. However, one can have an insight into MarieƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s credibility by comparing her versions of one fateful incident which unfortunately cost her one eye and apparently all critical faculties. On 18 April 2001, The Times carried an article by Stephan Farell in Colombo in which he says:

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Struck by grenade shrapnel in the chest, shoulder and left eye, the US-born correspondent, who was named Best Foreign Correspondent in the British Press Awards last month, collapsed screaming “Journalist, journalist, American” as her party scattered around her.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚(My emphasis)

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By 24 May 2009, Marie had been shot after she shouted ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Journalist, journalist! (My emphasis). See below the sequence of the events described by the award-winning Marie.

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ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-As I was being smuggled out of the area at night, we were ambushed by the Sri Lankan army. I was unhurt until I shouted, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Journalist, journalist.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ Then they fired an RPG at me, severely wounding me.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ (My emphasis)

Moreover, Marie more or less absolved the Sri Lankan soldiers of wrong-doing in her account of the event on 18 April 2001, for she said, according to her own newspaper.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Ms Colvin said that the first she knew things had gone wrong was when the shooting began. They fired on us, which I can’t really complain about because all they saw was shapes moving in the dark,” she said. (My emphasis)

Mind you, this was the same Marie Colvin whom Sri Lankan soldiers had hit with an RPG, according to her own version on 24 May 2009. On 18 April 2001, The Times was truthful enough to say that Marie had gone to the war zone without clearance from the authorities and that she had overstayed her visa. In the 2009 version, there is no mention of any irregularities concerning her journey to the war zone.

Surely, Marie Colvin deserves another award for her kind of journalism. To her credit, Marie already has two complaints upheld against her by the Press Complaints Commission about her reports on Sri Lanka. The British press has been fierce in its criticism of the lack of access to independent journalists, presumably, those of the likes of Marie Colvin and, of course, Jeremy Page. Sangam ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” website of the Association of Tamils of Sri Lanka in the USA – has a special collection named after MarieƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Marie Colvin pages!

Civilian Deaths

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Death and destruction has been synonymous with war from time immemorial. The 30-year bloody war in Sri Lanka is no exception. There is no denying the fact that there have been civilian deaths ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” fact that we all profoundly regret. The Government of Sri Lanka fought a war to safeguard its independence, preserve its territorial integrity and uphold its sovereignty against a ruthless terrorist outfit banned in the European Union, United States, Canada, India and Sri Lanka. The LTTE had usurped the control of some 24% of the territory through violent means and has trampled upon its citizensƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ democratic rights for over 25 years. It had claimed about 70% of the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s coastline and its activities had caused the death of at least 80,000 people and maimed many more for life. Over 100 suicide attacks had been carried out killing scores of politicians including President Ranasinghe Premadasa of Sri Lanka, Prime Minister Rajiv Gandhi of India and Foreign Minister Laksman Kadirgamar, servicemen, civilians etc. The LTTE had systematically eliminated all moderate Tamil politicians, civic leaders, intellectuals, academics etc. The Central Bank of Sri Lanka estimated that the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s GDP would have been at least 25% higher that it was in 2005 had it not been for the damage to the economy caused by the war. The people of Sri Lanka had lived through this trauma for nearly three decades.

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As far as I know, no Sri Lankan leader has been indifferent to civilian deaths in the conflict. None has been as callous as Madeleine Albright, US Ambassador to the UN who, in 1996, asserted that the death of the half-a million children in Iraq was a price worth paying. Any careful and impartial observer of the progress of the Sri Lankan armed forces from the fall of Kilinochchi at the beginning of 2009 to the final victory in May 2009 would notice how the Sri Lankan forces slowed down its advance to minimise civilian casualties. Moreover, the detractors of Sri Lanka have been oblivious to the fact that, when the Sri Lankan Army declared a No-Fire Zone, the LTTE leadership and cadres lost no time in moving in with their heavy artillery and of course with over 200,000 civilians and started firing into Government-held areas from the safety of the NFZ.ƒÆ’-¡ƒ”š‚  The so-called international community gleefully ignored the opprobrious act of hostage-taking and made no serious attempts to persuade LTTE representatives whom they met on a number of occasions to ask their leaders to free hapless civilians trapped in the NFZ.

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The US and its allies who now wax lyrical about the welfare and safety of civilians did not even bother to compile data on civilian casualties in the illegal Iraqi war. When, in 2006, the Lancet published the result of a serious study and estimated that some 655,000 people lost their lives as a consequence of the Anglo-American invasion of Iraq, both the US and British Governments contemptuously rejected the figures and said that they had no information on civilian casualties at all.

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It is necessary to recall how the allied forces during the Second World War resorted to strategic bombing of civilian installations in France occupied by the Nazis in order to prevent their use by them. In 1941-1945, the allied forces bombed ports, railway stations, communications centres, power stations, factories etc. It is estimated that 67,178 French civilians died in the bombings. (See Quand les alliƒÆ’†’ƒ”š‚©s bombardaient la France” by Eddy Florentin, for instance.)ƒÆ’-¡ƒ”š‚  It is inconceivable to think that the British, French and US critics of the conduct of the war by Sri Lankan armed forces were unaware of these important facts about the history of their own countries.

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They have been eloquent about the principles of distinction and proportionality in war. The US Strategic Bombing Survey estimated that 305,000 persons were killed and 780,000 were wounded as the consequence of all Allied bombings against Germany in World War II. Over 100,000 civilians died in the atomic bombings of Hiroshima and Nagasaki. As for the principle of proportionality in war, suffice it to have a cursory look at the accounts of the US attacks on the Iraqi Army on the KuwaitƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”Basra road now dubbed the Highway of Death.

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The sanctimonious Mrs Hillary Clinton, US Secretary of State, who was crying foul about the war in Sri Lanka and ranting and raving about ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-untold sufferingƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ has yet to express any desire on the part of the Obama Administration to sign up to the Rome Statute of the International Criminal Court ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”fact which speaks volumes for the commitment of the holiest of the holy to international humanitarian law and protection of civilian life in conflict.

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The word hypocrisy which in Greek means ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-acting or pretendingƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ would have been devoid of much of its significance in international diplomacy had it not been for the hordes of self-righteous potentates strutting around the globe pontificating on universal justice, human rights, international humanitarian law etc.

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Bandula Kothalawala

London N7 ƒÆ’-¡ƒ”š‚