Shenali Waduge

The LTTE may not have status in international law in view of it being a terrorist organization but the TNA being the political wing of the LTTE can be prosecuted. If the LTTE could be banned by 32 countries & Sri Lanka, what is stopping Sri Lanka from banning the TNA? Its presence politically is posing a great threat to reconciliation. It is a party that strives only to recognize a Tamil homeland and guarantee its territorial integrity. TNA recognizes the inalienable right of self-determination of the Tamil nation and has always recognized LTTE as the sole representative to speak on behalf of the Tamil people. This clearly denotes that in the absence of the LTTE leader, the TNA must be charged for every crime that has been committed by the LTTE which has been endorsed by the TNA in view of its allegiance with the LTTE.

ƒÆ’-¡ƒ”š‚ In the interest of the country & the Tamils, the TNA needs to be banned. The Tamil people must move away from decades of bitterness poisoned into them because of the LTTE & the TNA. The Tamil people would be better off without the LTTE who have been only deceiving their own people. As a proxy of the LTTE, now attempting to give itself a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-new lookƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, it is once more attempting to fool the Tamil people. By not taking action against the TNA, Sri Lanka is allowing another LTTE to emerge in years to come. We have rehabilitated quite a large number of former-LTTErs but we also know that many escaped to foreign climes. TNA remaining in politics is a good means to buy time until another insurgency! Its time we wake up to these possibilities.

ƒÆ’-¡ƒ”š‚ TNA should not be allowed to walk away scot free from being the spokesmen for the LTTE for decades ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” if the LTTE is responsible for war crimes so is TNA. TNA can thus never represent the Tamil community. They are nothing but traitors to the Tamil people & the Sri Lankan nation. What good is a political party that cannot think without running to India for guidance?

ƒÆ’-¡ƒ”š‚ Accountability is a word that is being prostituted globally ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” if accountability is what needs to be applied then we better start with the accountability of the LTTE/TNA & the LTTE Diaspora for their crimes against humanity. Let us take out each of these international conventions and prosecute them.

ƒÆ’-¡ƒ”š‚ Yes we took a military option. Not before series of peace talks, negotiations, cease fires, foreign mediations, foreign peace keepers, foreign monitoring missions and decades of watching our people be killed or assassinated by the LTTE. We did not like the US make up excuses or strike countries without valid reasons. It was after 3 decades of humiliation suffered by our country and its people watching for western-dominated theories to work which failed that the decision to militarily crush the LTTE was taken. Even in the last hours of that military onslaught the Government and military were kind enough to offer the option to lay down arms and surrender. This gesture was scoffed thinking that their bosom pals the West would save them. Sometimes arrogance does not bring expected results. The exercise to crush the LTTE, thus took just 3 years to complete and today 3 years on people do not fear to walk out of their homes expecting a bomb to go off or a suicide cadre to blow himself up. Should we then apologize?

ƒÆ’-¡ƒ”š‚ Is there a difference in Hamas or the TNA?

There are attempts to explore how HAMAS can be prosecuted for war crimes & which law & which jurisdiction would apply. HAMAS was created in 1987 and won the parliamentary elections in 2006 and is the de facto government of Gaza although not by Israel. Nevertheless, HAMAS is categorized as a terrorist organization in Canada, Japan, the US, Australia, Jordan Israel & by the EU. The UK has listed the military wing of Hamas ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Izz ad-Din al-Qassam Brigades as a terrorist organization. Now lets see the similarities with the TNA. Like Hamas, the TNA is the political wing of the LTTE, a terrorist organization banned in 32 countries. The TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s website clearly associates itself with the LTTE and statements given by its leadership do not attempt to disassociate itself from the LTTE even after the LTTE defeat. Moreover, Syria & Iran are chided for supporting & arming the Hamas while not a word gets said against India, Norway for their role in arming & supporting the LTTE. As with the LTTE, the Hamas are both not a State and thus not bound by international law, yet they quote international law and they use international laws to exert pressure on the Governments they are attacking while in the case of the LTTE in particular very few found the LTTE guilty of wrong doing let alone crimes against humanity.

ƒÆ’-¡ƒ”š‚ The status of Gaza is unclear ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” is it a sovereign territory belonging to the state of Palestine? Is it not a sovereign territory or does it belong to the State of Israel, is it a territory claiming self-determination by the Palestinians & the Jews? Or is territory belonging to Palestine but under Israeli occupation?

ƒÆ’-¡ƒ”š‚ Israel is quoting the UN Charter to claim it has the right to use force to defend itself against attacks from Gaza. Was that not what the Sri Lanka armed forces were doing? Yes, but then there comes issues of the type of self-defense. Was it ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-indiscriminateƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ or was it ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-disproportionateƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. These are the areas that anti-Sri Lanka forces will attempt to prove to deny Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s right to self-defense against LTTE. Thus, the all out attempts to fabricate about ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-indiscriminateƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ shootings/bombings upon hospitals, schools, orphanages etc.

ƒÆ’-¡ƒ”š‚ What then connotes a war crime? There are a number of international conventions which apply to humanitarian law.

ƒÆ’-¡ƒ”š‚ If Hamas fires rockets targeting civilians in Israel not attempting to differentiate between Israeli civilians & soldiers how would these atrocities differ to the manner LTTE has been carrying out suicide attempts targeting civilians?

ƒÆ’-¡ƒ”š‚ Hamas is said to disregard human life even that of its own people ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Hamas uses Palestinian mosques to store weapons, uses Palestinian residential areas for battles in order to force Israeli attacks to strike and to cry foul over civilian killings. They use civilian infrastructure to avoid being targeted. Are these not the same strategies adapted by the LTTE ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” they were using hospitals, schools, churches, they kidnapped children and made them into child soldiers & even used Tamils as human shields. Both Hamas & LTTE have fired at civilians, they have both stolen humanitarian supplies sent for civilians.

ƒÆ’-¡ƒ”š‚ We again ask are these atrocities committed by both Hamas & the LTTE war crimes?

Article 147 of the 4th Geneva Convention says that a war crime is ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-willful killing, torture or inhuman treatment, includingƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦willfully causing great suffering or serious injury to body or healthƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

ƒÆ’-¡ƒ”š‚ The LTTE attacked villages and cut sleeping villagers to pieces. The LTTE struck places of worship and butchered people in prayer including Buddhist clergy. The LTTE posed as civilians with suicide kits strapped to their bodies and blew themselves up in high populated civilian areas.

ƒÆ’-¡ƒ”š‚ The International Committee of the Red Cross has elaborated further to say a war crime is when ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-parties to conflict must at all times distinguish between the civilian population and combatants in order to spare the civilian population and civilian property. Neither the civilian population as a whole nor individual civilians may be attackedƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

ƒÆ’-¡ƒ”š‚ During the last stages of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s conflict the LTTE used Tamil civilians as human shields and used the no fire zone areas allocated for civilians to set up their military equipment. It was from these positions that the LTTE fired at Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s military. If the military wished to since the LTTE was concentrated into one area they could have easily attacked from the ground & by air and completely flattened the area killing not only the LTTE but Tamil civilians as well. BUT ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s military took several months to

a) free every Tamil civilian held hostage by the LTTE

b) thereafter President of Sri Lanka gave 24hour notice for the LTTE to lay down their arms & surrender which the LTTE ignored and only after the last warning that Sri Lankas military went ahead to eliminate the LTTE. This clearly scotches all the false propaganda associated with the elimination of the LTTE including dramas related to some white flag, and wannabe superstar journalists who desired to take credit for surrender through her!

ƒÆ’-¡ƒ”š‚ The Statute of the International Criminal Court defines crimes against humanity as pursuant to Article 7 of the Rome Statute which include murder and ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical healthƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦..systematic attack directed against any civilian population, with knowledge of the attackƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

ƒÆ’-¡ƒ”š‚ There is no doubt of LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s guilt according the Statute of the ICC -ƒÆ’-¡ƒ”š‚  we can give a list of people now maimed for life from all ethnic groups that survived to describe the brutalities carried out by the LTTE over 3 decades.

ƒÆ’-¡ƒ”š‚ Pursuant to Article 8 of the ICC does have jurisdiction ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimesƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

ƒÆ’-¡ƒ”š‚ Included to this list of war crimes by the LTTE should be the ethnic cleansing of Sinhalese & Muslims from the North of Sri Lanka who were given a few hours to leave or face slaughter. To this list will include how the LTTE brainwashed men & women into suicide cadres, how they strapped bombs to their bodies & instructed them to attack when the right time came ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” these were all premeditated murders.

ƒÆ’-¡ƒ”š‚ These attacks by the LTTE were carried out over 3 decades why did the UN not use any of these Conventions to put an end to LTTE atrocities?

ƒÆ’-¡ƒ”š‚ How can we pursue a war crimes prosecution against the LTTE? Article 8 (2) (b) of the Geneva Convention gives a list of violations of laws:

• Intentionally directing attacks against civilian population as such or against individual civilians not taking direct part in hostilities. Lets make up the long list!
• Intentionally directing attacks against civilian objects, that is objects which are not military objects. Trains, buses, airports, temples, mosques, banks, villagesƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.these were all targeted by the LTTE to carry out each gruesome war crime.
• Intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian assistanceƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict. LetƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s include the LTTE suicide women sent as civilians to the humanitarian rescue center who blew herself up killing dozens of civilians & unarmed military personnel dressing the wounds of Tamil civilians & giving them food/water since they were all suffering from dehydration as a result of LTTE confiscating the food sent by the Government and sharing these amongst only LTTE families.

ƒÆ’-¡ƒ”š‚ Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives. We have lists of such attacks by the LTTE which includes places of worship as well.

Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations.

ƒÆ’-¡ƒ”š‚ LTTE atrocities can also be included into Article 8 (2) (c) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the crimes will include intentionally directing attacks against civil population as such or against individual civilians not taking direct part in hostilitiesƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

ƒÆ’-¡ƒ”š‚ The following international conventions too can be applied for a war crimes prosecution against the LTTE:

• The UN General Assembly in 1968 adopted a Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes against Humanity.

• International Convention for the Suppression of the Financing of Terrorism.
• International Convention for the Suppression of Terrorist Bombings.
• UN Security Council Regulation 1566 adopted by authority of Chapter VII of the UN Charter which denies providing a safe haven.
• UN Security Council Resolution 1373 which denies providing a safe haven.
• Convention on the Prevention and Punishment of Genocide.

ƒÆ’-¡ƒ”š‚ It is now time to prosecute the LTTE for war crimes, torture, crimes against humanity, genocide, suicides all crimes under international. The Government of Sri Lanka must be accountable to give justice to the thousands that suffered because of the LTTE.

ƒÆ’-¡ƒ”š‚ Legislature must be introduced making it a criminal offence for any political party /organization to divide the country. A referendum can ask the people their thoughts for in a democracy it is the will of the people that counts.

ƒÆ’-¡ƒ”š‚ By applying universal jurisdiction we can also take care of the LTTE diaspora that is bribing foreign MPs, NGOs, INGOs & influencing UN officials & diplomats ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” let us bring out every illegal activity of fund raising and other nefarious activity they have been involved in and charge them for these.

ƒÆ’-¡ƒ”š‚ Dilly dallying with terrorists & their cohorts is not going to get Sri Lanka anywhere and it is time we assert the hard won freedom we have obtained at the sacrifice of thousands of people.

ƒÆ’-¡ƒ”š‚ There is no need for ultimatums or compromises or any more carrots for the TNA or the LTTE Diaspora ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” we need to now take serious action against them legally and put to rest this demon of terrorism forever.