US Draft Resolution against Sri Lanka at UNHRC ignores LTTE war crimes
Posted on March 8th, 2012

Shenali Waduge

We are all in agreement that the West & India is culpable for making a banned terrorist movement into a semi-legitimate movement. This “legitimacy” was totally uncalled for. The interference, the intervention, the mediations & involvement of the West & India only served to lengthen LTTE’s terror acts and result in the denial of the right to life with freedom for Sri Lankan citizens. Therefore not only the LTTE but the West especially Norway, US & UK, the UN, the Office of the Human Rights Chief & India are all accountable for Sri Lanka’s suffering & we demand justice. Instead of acknowledging their guilt, instead of taking action against the remnants of the LTTE they are attempting to hide their guilt by pulling all types of strings to hold Sri Lanka accountable. This is unjust, unfair & unethical.

 The following quote is extremely important: “Under international humanitarian law and the Rome Statute, the death of civilians during an armed conflict, no matter how grave and regrettable, does not in itself constitute a war crime“¦A crime occurs if there is an intentional attack directed against civilians or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage”. Who says this”¦.it is Luis Moreno-Ocampo, Prosecutor of the International Criminal Court, the ultimate place Sri Lanka’s leaders are likely to go to if accused of war crimes.

 So the much awaited draft resolution against Sri Lanka is out and the supposed to be most powerful nation in the world is targeting a small mouse “”…” Sri Lanka. We are ready to take on these accusations with facts.

 When quoting the Universal Declaration of Human Rights & International Covenants on Human Rights & all other relevant documents it would be good to pass copies in return to the US and ask how far its own human rights record has been both at home and abroad. It is nothing any nation can be proud of.

 Modern day terrorism starts & ends with the US and there are scores of covert operations, funding of puppet dictators and financing terror to prove this. When US tells Sri Lanka to oblige by refugee & humanitarian laws “”…” we wonder why they have left 2.3m Iraqi’s displaced inside Iraq after a decade of occupation? We have resettled, we have rehabilitated and we have spent on development. Visit Sri Lanka & see. We never saw UN officials continuously visit Iraq & demand from the US action plans or the status quo of life for Iraqi civilians left homeless.

 While welcoming the LLRC report, the draft resolution is calling for the “de-militarization” of the North of Sri Lanka, implement impartial land disputes”¦so it appears the West is not too happy with the military in the North. Well, so long as there are covert operations taking place it does not make sense to remove any military personnel or bases from the North. Then there is that much hyped “devolution of power”. As has been told, the country does not need devolution of power “”…” we do not want more politicians who contributes to waste & corruption and we cannot see how devolution will solve any problem instead of making things more complicated. The provincial council system has been an absolute flop and provides nothing productive to the people. Any solution at the grassroot level must make life easier for the people not politicians. Seek a referendum and see how people will voice their thoughts. Now they come to the “serious allegations”. The Government has the authority to implement “constructive recommendations” which implies it can take “all necessary additional steps” to fulfill these commitments. Step one would be to introduce legislature banning separatist tendencies, banning political parties/individuals or groups from aspiring to separate.

 If the Government is being asked to present a comprehensive action plan “”…” what is the plan that the US has put into action in Iraq, Afghanistan & Libya? Let us know what the US plans is first before asking ours.

Now we come to the catch a bait that Sri Lanka must not fall for. Until the distrust that prevails on account of the UN/Office of the Human Rights Chief not taking action against the LTTE for war crimes & crimes against humanity Sri Lanka does not want any assistance externally.

 We know the dynamics of who the LTTE is, what made the LTTE into what it became, the discrepancies between the LTTE, the Tamils & Tamil politicians, the role of LTTE remnants living overseas financing terror and the connections globally, we know India’s role and we also know how geographically Sri Lanka’s “conflict” becomes an excuse to land foreign powers in Sri Lanka to set up bases.

When we are aware of these “”…” it is best that Sri Lanka paves its own history without external factors.

 We need to have some facts placed before everyone and we need answers before agreeing to any recommendations. That is the bottomline.

 Let’s set some facts in order.

The LTTE is a terrorist organization. It is still banned annually by 32 nations.

 LTTE in over 3 decades have been intentionally targeting civilians using suicide bombings and have killed thousands of unarmed civilians (men, women & children as young as 18months). They have used swords, machetes, clubs, automatic weapons, sophisticated weapons, high tech weapons to carry out close to 200 terror attacks. They have butchered pregnant women, children in slumber, young Buddhist monks, Muslims & Buddhists in prayer at their sacred places of worship. They have placed bombs on buses knowing the explosions would kill innocent passengers. They have sent brainwashed Tamil men & women as suicide cadres to assassinate political leaders and Government officials. LTTE has killed over 160 Tamil politicians, academics, intellectuals & Government officials plus over 100 VVIPs including 2 world leaders. LTTE with the knowledge of the international community raised $200-300m annually in an armed conflict that was financed from overseas “”…” where LTTE confidently ran LTTE offices in the very nations that banned them and foreign MPs were invited as Chief Guests to these very public events!

 It has openly engaged in conscription of children who have been kidnapped from their homes, school & places of worship & turned into killers in camouflaged “orphanages’ in the middle of the jungles of the Wanni where money is sent from overseas LTTE front charities! LTTE has killed prisoners of war and gone to the extent of torturing them & killing them using sugar to deny DNA identification (victor base 1 torture chamber). The LTTE has killed unarmed policemen that surrendered to them “”…” another gross violation of international humanitarian laws. So too has been the ethnic cleansing of Sinhalese & Muslims from the North.

 Now we come to the tail end of the LTTE fighting unit where we just ask one question “”…” if the LTTE were ruthless and took pride in their killings over 3 decades why was the LTTE not man enough to fight the final battle without taking Tamil civilians from their homes to be used as human shields? Why has the world not pondered to even think how it could be possible to have over 200,000 civilians amongst the LTTE in the Wanni unless these people had not been forced to leave their homes & travel with the LTTE?

 Our next question is “”…” Why were LTTE crimes against humanity from 1983 to 2009 ignored by the West, the UN & the Office of the Human Rights Chief when there was International Humanitarian Law to deal with such situations? We are demanding to know what these entities did for 3 decades watching LTTE carnage take place day in & day out for 30 years?

 

  • Did the West, the UN or the Office of the Human Rights Chief ever investigate whether IHL could be applicable to the violent terror acts of LTTE?
  • Did the West, the UN or the Office of the Human Rights Chief investigate the mass civilian massacres taking place, the killing of unarmed military personnel & police officers, the suicide bombings, the ethnic cleansing & other terror campaigns of the LTTE under IHL?
  • Did the West, the UN or the Office of the Human Rights Chief even explore the possibility of prosecuting the foreign LTTE under the provisions of the IHL for they raise funds to procure arms & ammunitions and they give the orders to kill?

We demand to know answers to these questions.

 Clearly, Sri Lanka’s conflict was NOT ETHNIC “”…” it was an ARMED CONFLICT carried out by LTTE Belligerents.

 Now lets move on to the dubious section “”…” where more questions than answers arise.

 

  • Is IHL applicable to Armed Non-State Actors and Armed Conflicts?

 

  • How is IHL applied to violent acts by Armed Non-State Actors in Armed Conflicts?

 If the State the other party to the internal conflict having signed international covenants of humanitarian law must abide by the provisions ratified by the UN and if the State violates these IHL it must be accountable what is the case when an Armed Non-State Actor not signatory to the international covenants who breaks these laws?

 Armed Non-State Actors not only have not signed these international covenants they also have no obligations to honor any of these provisions and in not signing them they cannot be held accountable either. In such a scenario, how are armed non-state actors going to be made culpable for their war crimes & crimes against humanity?

 How about individuals/organizations who are involved in or supporting these armed groups made to be culpable. What are the provisions to regard them as criminals/unlawful combatants?

 With the LTTE fighting force eliminated what is the UN/Office of the Human Rights Chief going to do about rounding up the remaining LTTE units financing terror from US, Canada, UK, EU, Australia & other nations?

 Common Article 3 clearly states that in an armed conflict, “each Party to the conflict” shall be bound to ensure that 1) “persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those places “hors de combat” by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely” (Take out the examples of LTTE violations upon both civilians & military) “”…” these acts according to Common Article 3 are prohibited at any time and in any place. Why was no action taken against the LTTE for these crimes?

 2) All the persons mentioned in 1) shall not be subject to a) violence to life & person, in particular murder of all kinds, mutilation, cruel treatment & torture (take the examples of the villagers hacked to death by the LTTE starting with the Dollar & Kent Farms), b) no taking of hostages (LTTE has a history of taking civilian hostages), c) no outrages upon personal dignity, in particular humiliating & degrading treatment, d) passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized people.

Table these examples over 3 decades of LTTE atrocities & ask the West/UN & office of the Human Rights Chief for a response.

3) the wounded & sick shall be collected and cared for (the LTTE put 50 injured LTTE cadres into a bus & unknown to them blew it up killing all the injured LTTE cadres).

 Surely, a sovereign state has the right to protect the nation & its people. Protocol II of the Common Article 3 certainly gives the State the right to restore law & order “nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State”. This is exactly what the GOSL was doing and Sri Lanka should not have to apologize to anybody. The GOSL has every right to implement Protocol II & Common Article 3 as the LTTE was occupying a large territory belonging to the State.

 What is surprising is that no one in the West, the UN, the Office of the Human Rights Chief cared to even explore how the LTTE could function as they did and what they could do stop a ANSA as the LTTE from committing war crimes & crimes against humanity. It is their lethargy and disinterest in stopping LTTE carnage that is accountable for countless deaths in Sri Lanka of civilians and unarmed military & police personnel.

 If the LTTE is to be found guilty a portion of that guilt & accountability rests on the shoulders of the West, India, the UN & the Office of the UNHRC.

We now hope that the smear campaign stops at least now, that the high and mighty human rights champions use their office with integrity hereafter.

 

13 Responses to “US Draft Resolution against Sri Lanka at UNHRC ignores LTTE war crimes”

  1. Lorenzo Says:

    Doesn’t this give me IDEAS!

    Next time when we take down Tamil nationalists, it should be done by NON STATE ACTORS.

    We have to arm and train REBEL groups with funnay names – yellow cats, white eagles, orange panthers, etc. to bomb, kill, etc., etc. Tamil “terrorists”. Blame it on them.

    We too need cat’s paws.

    This is what the UNHRC encourages.

    NON STATE ACTORS are the future. We have to invest in them.

    EPDP and TMVP are good starts but we must do better.

  2. AnuD Says:

    What ever others talk, every thing is up to politicians.

    President says Indian diplomats that he is going to implement 13+ (plus) and give sweeping powers to Tamils in the North and East.

    http://www.atimes.com/atimes/South_Asia/NA25Df03.html

    Again, he says in the South that there is no such 13+ arrangement.

    LLRC is also such an attempt. Tried to mislead just the way earlier reports did. Now, LLRC is falling down on the head.

  3. stanley perera Says:

    Non-State Actors? yes you got one already: DEFEND SRI LANKA PATRIOTIC FOUNDATION WORLD WIDE initiated by the writer and supported by the PATRIOTIC SRI LANKANS TO CRUSH THE RACIST, TERRORIST TNA FIRST AND AT THE SAME TIME TAKE ACTION TO BANISH ANTI SRI LANKAN RACIST TAMILS LIKE RAYAPPU JOSEPH.

  4. jayt Says:

    LLRC is one of many foreign infiltrated product. Last time American made threat to SL to follow it. And if it is Sinhalese product, they they do oppose it. Now, it falling onto Sinhalese via South Africa. About two week ago, Western issued the same threat via long known South African spy-Dosmond Tuto. Tuto said “SRi Lanka violate human rights and need help”. And within a week, they tricked Sri lanka to believe that South Africa on their side; what they want is Somebody get into Sinhalese
    get Sinhalese do the LLRC which is “second phase of the operation continues”.

    Finally, It gives Palestinian full right declare independent from American colony and pass the resolution in the UN for immediate return of Palestinian territory and west cannot go hide from Palestinian demand with a beginning a global war. Until Palestinian resolution start with a global war, they will be shouting at Sri lanka to hide from Palestinian issue. All terrorists are promoted by west in order to get rights not to give Palestine back.

    Here is the trick. More Palestinian loses their right for their land, more terrorist are produce in Islamic countries against west, and more terrorist against West and more invasion, more invasion, more billion dollars from many resources. However, this trick won’t last long.

  5. Lorenzo Says:

    I was referring to ARMED non state actors because according to UNHRC and USA they commit NO crimes!!

    Just imagine another group like the tigers killed the same number in the other camp matching tiger violence one to one. No war crimes obviously. They should demand political solutions and homelands too. And LLRC should offer them political solutions too.

    Isn’t that loveley? That is where UNHRC is pushing.

    So if SLDFs also arm and train non state actors to do some exciting work, they are OK and we are OK.

    This is the future of warfare. We must not be left behind.

  6. ranjit Says:

    Shenali you and others write so much about these unfairness of the west and other stooges who support of the west and terrorism etc but what’s the use if these unreasonable,unfair hypocrits wont listen or care. We as Sri Lankan who loves our Motherland should form a strong force to tackle our problems and face the world fearlessly. Our Government with the two third majority should be more stronger and fearless to face this unfair world. They should not sleep for a moment. Must educate the world and show them what those L.T.T.E terrorists did to our homeland for thirty long years.We have to tell them who started this and financed it in the beginning although everyone knows about it. We need to invite world leaders and show the progress of our country for them to understand the truth.

    We love our Motherland not because we were born to this beautiful,historical country but because this is the only country we Sinhalese have in this whole wide world to stand up and talk about. We have a responsibilty as sons and daughters of this land to safeguard it from all evils. So all Sri Lankans inside the country and outside must create a force to recon with and fight on till we get full freedom for all our SRI LANKANS to live in peace.

  7. S de Silva Says:

    Yes, as many have said, it is time for action and that time is NOW. As you say, Shenali, the accusations and accountability have to be thrown back at them. Repeating your question, what did all these Tamil sympathisers, US, UK, EU, AI, HRW etc do when the Terrorist Tamil LTTE was on a killing rampage for 30 years in Sri Lanka? This is the question that has to be relentlessly asked from all of these bleeding hearts shaming them. And unless a satisfactory answer is forthcoming, Sri Lanka should REFUSE to sign up to any action with any of them. We have to be absolutely firm on this and TELL THEM SO right now – there will NOT be a second time. Thankyou Shenali for all your contributions. I wish we had a lot more like you! – S de Silva – London

  8. Christie Says:

    I am sure Indian sponsored US submission will not pass. Even it is passed, so what?

    Sri Lanka (Ceylon) should leave the Commonwealth and then ask UN to resurrect the UN Decolonization Commission to decolonize Indian colonies.

    In Uganda Indians have managed to create people like Joseph Kony. They did the same with the JVP in Sri Lanka.
    The Tamil terrorists are an Indian outfit.

    I see the Indian Union will fail and the signs are there.

    See the latest State elections in India.

    Down with Indian Union and Indian colonial parasites.

  9. Naram Says:

    One must give proper respect to cow boys who call spade a spade. US did not invade Afganistan to protect women’s rights. When Russians were there building up a nation not used to basics of Osama Bin Laden attended tea parties with Regan and received Stingray missiles and other modern weaponry. Another US patriot Col North was seling weapons to raise moneyfor clandestine attacks on Nicaragua . South Indians were arming Prabha and trained him on killing Sri Lankan’s ill equipped Army and Police from 1978. We cannot forget what triggered the ’83 riots, it was the very suceess of one of ose exercises. Raw of India were tryingto outwith CIA then but now they are partners. How long will Jayalalitha stay with the Cngress party -can she be coercedto wage a guerill war withIndian state in Prabhakaran fashion.

  10. Leela Says:

    I agree with many of the commentators and particularly AnuD and jayt. We should never have let LLRC to be internationalised. It should have been treated purely as a domestic inquiry.

    The goal of Anglo French Oligarchy is to force Chinese out of the Island and setup their military bases to watch on Chinese oil shipping movements. They tried to achieve it by aiding LTTE to have either ISGA or Eelam.

    Now that LTTE is no more, Anglo French Oligarchy or the so-called International Community and their Lapdogs, puppets and stooges such as HR groups, Drusman and co and I/NGOs wanted to use LLRC as a means to change the government by punishing it or force it to dance to their tune.

    Remember they have criticized and opposed LLRC at the very outset. They even refused to give evidence in writing or verbally to it. But, no sooner the LLRC report was out, the US started to praise it with their toungs in cheek: They complained the government is dragging its foot to implement it.

    What more strange than they demanded the government implement LLRC findings on selective basis. Startlingly, the US ambassador Ms. Butenis wanted President Rajapakse to use his popularity to implement not just selected parts of LLRC of their choice but to implement their Drusman report in full as well. Didn’t she put the cat out of her bag.

    We have no time to read the entire LLRC report in full. So we do not know which section is good and which is bad. For one thing, the President should not even think of imposing what is not in ‘Mahinda Chintana Idiri Dekma’ on those who trusted him and elected him to office. The President cannot let Butanis select her fancy and ram it on us.
    Leela

  11. Fran Diaz Says:

    Ltte war crimes and all their atrocities against Humanity in Sri Lanka within the time spread of some 30 yrs should be placed before the UNHRC, even at this late stage.

  12. aravinda Says:

    Thanks Shenali, not only you speak for 22 million Sri Lankans, you are a voice for billions of Asians, Africans and South Americans who have witness this charade called UN for last 65 years.

    “30 years of unthinkable cruelty and murder by LTTE is not a crime. So called death of 3 terrorists with white flags, ( story proposed by now deceased Marie Colvin) is a grave crime.” What a joke.

    How far can United States fall? That nation is so corrupt, call it modern “Sodom and Gomorrah”. Where are the ethical, right minded people of USA? Why are they so voiceless? Why are they so frighten to speak about crimes committed by USA against humanity? This US draft resolution against Sri Lanka is, what we call ” Horage amma-gen pena ahanawa”.

  13. gamunu6 Says:

    Always a pleasure to read your articles.. As I suggested few weeks ago, like minded people like you, writers & inteletuals should get together and prsent propossals to STOP further encroachemnt of Sri Lanka & her ploitics, by West & India.

    1….Abolition or NON start any talk about 13th Amendment & other forms of + or minus.etc. Ignore all that, beacuse India imposed this on us.

    2. No acceptance or enahncement of CEPA, comprehensive free trade with India. Already the existing FTA favours India.

    3. Any business people, visitors arriving in Sri Lanka should have a valid VISA & agree to depart once that visa expires.

    4. Abusers of this are manily Indian people streaming down as if our country is paradise for them. It is for us, not for others.

    5. Merge Southern Province with Eastern province & settle Sinhalese & Muslims in the North Province. This will stop all nonsence about merging NORTH & EAST.
    6…Indians cannot come to our country without Visas. When Indians are arrested they should be deported without any consideration to PRESSURE by India on our plotical leaders.

    These are some of the immediate proposals, suggestions coming to my mind. I am sure other citizens & Expats will support taking TNA & other pro – LTTE outfits to court, and demand compensation for atrocities to our people & country.

    Shenali thanks very much for your valuable contribution & I hope others will support your suggestions.Our expat communities in various countries should support efforts of our brothers & sisters in Sri lanka.

    Just expressing my views about problems facing our Motherland…..~ Gamunu. Retd Enginer~ Canada

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