{"id":150197,"date":"2025-06-11T16:53:15","date_gmt":"2025-06-11T23:53:15","guid":{"rendered":"https:\/\/www.lankaweb.com\/news\/items\/?p=150197"},"modified":"2025-06-11T16:53:15","modified_gmt":"2025-06-11T23:53:15","slug":"sri-lanka-2009-post-war-to-present-un-precedents-bias-international-injustice","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2025\/06\/11\/sri-lanka-2009-post-war-to-present-un-precedents-bias-international-injustice\/","title":{"rendered":"Sri Lanka: 2009 Post-War to Present \u2014 UN Precedents, Bias & International Injustice"},"content":{"rendered":"

Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n\n\n
\"\"<\/figure>\n\n\n\n

A Dangerous Precedent by UNSG Ban Ki-moon<\/p>\n\n\n\n

The UN\u2019s actions against Sri Lanka post-2009 remain unprecedented in UN history. Never before has the Secretary-General appointed a Panel of Experts (PoE) to investigate a concluded internal conflict\u2014especially after a recognized terrorist group was defeated. UN Secretary-General Ban Ki-moon\u2019s decision to appoint such a panel in 2010, bypassing both the UN General Assembly and UN Security Council, violated established UN procedures and set a dangerous precedent that undermines the sovereignty of UN member states.<\/p>\n\n\n\n

Critique of UNSG Ban Ki-moon\u2019s appointment of the PoE after a Concluded Conflict<\/p>\n\n\n\n

1. Violation of Precedent and Neutrality<\/p>\n\n\n\n

No Prior Case: Never before in UN history had a Secretary-General appointed a personal panel to investigate a concluded non-international armed conflict in a sovereign state that had defeated a designated terrorist group (LTTE).<\/p>\n\n\n\n

    \n
  • Ban Ki-moon created a\u00a0dangerous precedent\u00a0by initiating an accountability mechanism\u00a0outside\u00a0the UN Security Council or General Assembly.<\/li>\n\n\n\n
  • He acted\u00a0unilaterally, using\u00a0Articles 98 and 99, which are traditionally exercised in\u00a0ongoing crises\u00a0or active threats to peace\u2014not post-conflict internal matters.<\/li>\n<\/ul>\n\n\n\n

    2. Misuse of Article 98 and Article 99<\/p>\n\n\n\n

      \n
    • Article 98\u00a0allows the Secretary-General to perform duties\u00a0entrusted by the General Assembly, Security Council, or other UN bodies\u2014yet\u00a0no such directive was given\u00a0to Ban Ki-moon regarding Sri Lanka.<\/li>\n\n\n\n
    • Article 99\u00a0empowers the Secretary-General to\u00a0alert the Security Council\u00a0if a situation threatens international peace.<\/li>\n<\/ul>\n\n\n\n

      Article 98(1) states: The Secretary-General shall perform such other functions as are entrusted to him by the General Assembly, the Security Council, or the Economic and Social Council.\u201d<\/em><\/p>\n\n\n\n

      Article 99 empowers the Secretary-General to bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.\u201d<\/em><\/p>\n\n\n\n

      By May 2009:<\/p>\n\n\n\n

        \n
        • The war had\u00a0ended.<\/li><\/ul>
          • The LTTE had been\u00a0militarily defeated.<\/li><\/ul>\n
              \n
            • Over\u00a0290,000 Tamil civilians were rescued\u00a0and humanitarian efforts were underway.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n

              In short \u2013 there was no ongoing threat to peace warranting Article 99\u2019s invocation.<\/p>\n\n\n\n

              3. Political Motives over Legal Mandate<\/p>\n\n\n\n

                \n
              • The\u00a0timing\u00a0of the PoE\u2019s creation in June 2010\u2014one year after the war ended & one month after Sri Lanka launched its own accountability mechanism the LLRC \u2014suggests the move was not to protect civilians but to\u00a0appease diaspora lobbies, international NGOs, and Western diplomatic pressure.<\/li>\n\n\n\n
              • Ban Ki-moon did\u00a0not appoint similar panels\u00a0for:
                • NATO\u2019s bombing of Libya (2011)<\/li><\/ul>
                  • U.S. drone strikes in Pakistan, Yemen, Somalia<\/li><\/ul>\n
                      \n
                    • Civilian deaths in Iraq, Syria, Afghanistan, or Yemen<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                    • Why only Sri Lanka?\u00a0This selective scrutiny exposes the\u00a0politicization of accountability\u00a0under his leadership.<\/li>\n<\/ul>\n\n\n\n

                      4. Bypassing Member State Consent<\/p>\n\n\n\n

                        \n
                      • The PoE was not established through any\u00a0UN resolution.<\/li>\n\n\n\n
                      • It was not approved by:
                        • The\u00a0General Assembly<\/li><\/ul>
                          • The\u00a0Security Council<\/li><\/ul>\n
                              \n
                            • The\u00a0Human Rights Council<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                            • Ban Ki-moon relied solely on a\u00a0Joint Statement with President Rajapaksa\u00a0on 23 May 2009, which contained\u00a0no legal commitment\u00a0to a UN investigation\u2014only a broad pledge to domestic accountability.<\/li>\n<\/ul>\n\n\n\n

                              Transforming a political statement into a quasi-legal mandate for a panel with no official UN status demonstrates executive overreach.<\/p>\n\n\n\n

                              5. Undermining Sovereignty and Post-War Recovery<\/p>\n\n\n\n

                                \n
                              • Sri Lanka was engaged in:
                                • Resettling IDPs<\/li><\/ul>
                                  • Demining former LTTE areas<\/li><\/ul>
                                    • Rebuilding schools, hospitals, places of religious worship and roads<\/li><\/ul>\n
                                        \n
                                      • Rehabilitating 12,000+ ex-LTTE cadres<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                      • The PoE\u2019s release in 2011 derailed these efforts by:
                                        • Fueling international hostility<\/li><\/ul>
                                          • Encouraging\u00a0UNHRC resolutions\u00a0(2012 onward)<\/li><\/ul>\n
                                              \n
                                            • Reinforcing\u00a0diaspora-funded propaganda<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n

                                              This hindered genuine reconciliation and reignited ethnic polarization\u2014ironically undermining the very peace and accountability Ban Ki-moon claimed to promote.<\/p>\n\n\n\n

                                              6. Instrument of One-Sided Narrative<\/p>\n\n\n\n

                                                \n
                                              • The PoE explicitly stated it was\u00a0not an investigation\u00a0but an advisory mechanism\u2014yet its findings were LEAKED & thereafter used to:
                                                • Justify\u00a0UNHRC country-specific resolutions<\/li><\/ul>
                                                  • Fuel\u00a0foreign intervention demands<\/li><\/ul>
                                                    • Pressure Sri Lankan Govt to tweak its internal administrative systems including passing Acts.<\/li><\/ul>\n
                                                        \n
                                                      • Label the Sri Lankan military as\u00a0war criminals, while\u00a0ignoring LTTE atrocities<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n

                                                        By focusing exclusively on alleged violations by the state, the PoE whitewashed the LTTE\u2019s decades of terror\u2014suicide bombings, human shields, child soldiers, ethnic cleansing.<\/p>\n\n\n\n

                                                        The appointment of the PoE by UNSG Ban Ki-moon was a highly irregular, politically driven decision that violated established norms, undermined Sri Lanka\u2019s sovereignty, and set a dangerous precedent of selective justice.<\/p>\n\n\n\n

                                                        Rather than fostering reconciliation or peace, it emboldened LTTE-linked propaganda, deepened international mistrust, and exposed the UN\u2019s double standards when dealing with terrorism, sovereignty, and accountability.<\/p>\n\n\n\n

                                                        The Panel of Experts: A Biased Construct<\/p>\n\n\n\n

                                                        The three-member panel (Marzuki Darusman, Yasmin Sooka, and Steven Ratner) lacked both independence and objectivity. Their selection alone reveals deep flaws:<\/p>\n\n\n\n

                                                          \n
                                                        • Yasmin Sooka, a EU employee and Executive Director of the Foundation for Human Rights in South Africa, has drawn criticism for using the organization\u2019s resources to support the International Truth and Justice Project (ITJP), which has published numerous reports alleging war crimes in Sri Lanka. Critics argue these reports rely heavily on anonymous or unverifiable sources, raising concerns about methodological rigor and neutrality.<\/li>\n\n\n\n
                                                        • Steven Ratner: A former adviser to the U.S. State Department, with a clear Western geopolitical bias. His past work demonstrates preference for responsibility to protect\u201d (R2P) doctrines often used to justify interventions against states opposing Western hegemony.<\/li>\n\n\n\n
                                                        • Marzuki Darusman: The panel\u2019s lead, previously involved in politically contentious inquiries, including in North Korea and Indonesia, his reports have regularly drawn criticism for partiality.<\/li>\n<\/ul>\n\n\n\n

                                                          The PoE report itself:<\/p>\n\n\n\n

                                                            \n
                                                          • Was not an official UN document (yet treated as such),<\/li>\n\n\n\n
                                                          • Was not mandated by the UNGA or UNSC,<\/li>\n\n\n\n
                                                          • Relied entirely on\u00a0credible allegations\u201d\u00a0rather than verified evidence,<\/li>\n\n\n\n
                                                          • Did\u00a0not follow due legal standards of evidence,<\/li>\n\n\n\n
                                                          • Did\u00a0not allow Sri Lanka a chance to rebut allegations\u00a0before publication.<\/li>\n<\/ul>\n\n\n\n

                                                            The PoE was a political instrument, not a judicial body.<\/p>\n\n\n\n

                                                            Post-War Consultative Mechanisms Ignored<\/p>\n\n\n\n

                                                            From 2006 until the end of the war, a Consultative Committee met fortnightly, with participation from:<\/p>\n\n\n\n

                                                              \n
                                                            • UN representatives,<\/li>\n\n\n\n
                                                            • Diplomatic missions,<\/li>\n\n\n\n
                                                            • INGOs and NGOs,<\/li>\n\n\n\n
                                                            • Sri Lankan military and government officials.<\/li>\n<\/ul>\n\n\n\n

                                                              These meetings allowed for immediate reporting and redress of any grievances. No major concerns were raised during these sessions. Yet, suddenly after May 2009, an avalanche of war crimes allegations surfaced\u2014many pushed by LTTE diaspora fronts or those living overseas who had never been to Sri Lanka.<\/p>\n\n\n\n

                                                              This post-war shift suggests a deliberate, politically motivated campaign, exploiting humanitarian concerns for geopolitical gain.<\/p>\n\n\n\n

                                                              UN\u2019s Hypocrisy: Silence on LTTE Crimes<\/p>\n\n\n\n

                                                              Despite decades of LTTE atrocities\u2014including:<\/p>\n\n\n\n

                                                                \n
                                                              • Over 300 suicide bombings,<\/li>\n\n\n\n
                                                              • Use of child soldiers (estimated 30% of cadres),<\/li>\n\n\n\n
                                                              • Targeted assassinations (including Rajiv Gandhi, Sri Lankan leaders, Tamil dissenters),<\/li>\n\n\n\n
                                                              • Ethnic cleansing of Sinhalese and Muslims from the North,<\/li>\n\n\n\n
                                                              • Attacks on religious places and transport hubs,<\/li>\n\n\n\n
                                                              • In fact today, 11 June in 1990 LTTE killed over 600 policemen across police stations in the Eastern Province.<\/li>\n<\/ul>\n\n\n\n

                                                                \u2014the UN never officially designated the LTTE as a terrorist organization.<\/p>\n\n\n\n

                                                                Why?<\/p>\n\n\n\n

                                                                  \n
                                                                • Was it because Western donors used the LTTE as a bargaining tool in the region?<\/li>\n\n\n\n
                                                                • Was it geopolitical strategy to destabilize a non-aligned nation?<\/li>\n\n\n\n
                                                                • Was it due to diaspora lobbying in powerful UN member states?<\/li>\n<\/ul>\n\n\n\n

                                                                  Contrast with UN action on other Terrorist Groups<\/p>\n\n\n\n

                                                                  The UN\u2019s treatment of the LTTE stands in sharp contrast to how it dealt with:<\/p>\n\n\n\n

                                                                  Group<\/td>UN Action<\/td><\/tr><\/thead>
                                                                  Al-Qaeda\/Taliban<\/td>UNSC Resolutions (1267, 1373), sanctions, military authorization<\/td><\/tr>
                                                                  ISIS\/Daesh<\/td>Global coalition, sanctions, UN resolutions, criminal tribunals<\/td><\/tr>
                                                                  Boko Haram<\/td>UNSC sanctions, condemnations, multilateral military response<\/td><\/tr>
                                                                  Hezbollah (by some states)<\/td>Designation, arms embargoes, regional monitoring<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

                                                                  Yet the LTTE:<\/p>\n\n\n\n

                                                                    \n
                                                                  • Was\u00a0never condemned by the UNSC inspite of over 30 years of terror<\/li>\n\n\n\n
                                                                  • Faced\u00a0no global sanctions,<\/li>\n\n\n\n
                                                                  • Maintained\u00a0international fundraising networks\u00a0with impunity,<\/li>\n\n\n\n
                                                                  • Its operatives were living in western capitals & openly carrying out propaganda campaigns with foreign politicians even attending them.<\/li>\n\n\n\n
                                                                  • Enjoyed\u00a0media, legal, and diplomatic backing\u00a0in Western states.<\/li>\n<\/ul>\n\n\n\n

                                                                    This raises a serious question of double standards.<\/p>\n\n\n\n

                                                                    Why the Targeting of Sri Lanka?<\/p>\n\n\n\n

                                                                    Post-war Sri Lanka faced:<\/p>\n\n\n\n

                                                                      \n
                                                                    • UNHRC Resolutions (2012\u2013present)\u00a0disproportionately blaming state forces, even sanctioning select commanders only.<\/li>\n\n\n\n
                                                                    • Pressure to adopt\u00a0hybrid courts\u00a0(violating its Constitution),<\/li>\n\n\n\n
                                                                    • Ongoing demonization by UN-affiliated special rapporteurs,<\/li>\n\n\n\n
                                                                    • Biased reporting by Western-funded think tanks and NGOs.<\/li>\n<\/ul>\n\n\n\n

                                                                      Yet:<\/p>\n\n\n\n

                                                                        \n
                                                                      • No LTTE leader has been indicted by any international body,<\/li>\n\n\n\n
                                                                      • LTTE financiers and front groups continue operations in Canada, UK, and EU,<\/li>\n\n\n\n
                                                                      • The UN has made\u00a0no attempt to deliver justice to Sinhalese, Muslim, or Tamil victims of LTTE terror.<\/li>\n<\/ul>\n\n\n\n

                                                                        The Legacy of UNHRC\u2019s Selective Justice<\/p>\n\n\n\n

                                                                        This era demonstrates:<\/p>\n\n\n\n

                                                                          \n
                                                                        • Institutionalized double standards\u00a0where only state actors are pursued,<\/li>\n\n\n\n
                                                                        • Weaponization of human rights\u00a0for regime change or compliance,<\/li>\n\n\n\n
                                                                        • Diaspora-led lobbying\u00a0masquerading as global civil society\/HR activists<\/li>\n\n\n\n
                                                                        • The\u00a0erosion of trust\u00a0in international justice mechanisms.<\/li>\n<\/ul>\n\n\n\n

                                                                          UNHRC-Imposed Legislative and Policy Changes in Sri Lanka<\/h3>\n\n\n\n

                                                                          Following the UN Human Rights Council\u2019s resolutions from 2012 onwards, Sri Lanka was subjected to significant international pressure to reform its internal laws and establish new mechanisms. However, many of these changes were criticized domestically for being externally imposed, lacking proper consultation, and undermining national sovereignty.<\/p>\n\n\n\n

                                                                          Key legislative and policy actions influenced or pressured by the UNHRC include:<\/p>\n\n\n\n

                                                                            \n
                                                                          • Office on Missing Persons (OMP) Act, 2016:<\/strong>
                                                                            Established to investigate cases of enforced disappearances during and after the conflict, this commission was a direct response to UNHRC calls for addressing missing persons. While it aimed at reconciliation, questions remain over its effectiveness and independence.<\/li>\n\n\n\n
                                                                          • Office for Reparations Act, 2018:<\/strong>
                                                                            Created to provide reparations to victims of the war, the establishment of this office reflected the UNHRC\u2019s demands. However, critics argue that the process lacked adequate public consultation and that reparations have been insufficient & included for terrorists first.<\/li>\n\n\n\n
                                                                          • Transitional Justice Mechanisms:<\/strong>
                                                                            Under UNHRC and OHCHR guidance, Sri Lanka was pressured to adopt transitional justice frameworks, including truth commissions and investigations aligned with international human rights standards. These mechanisms often conflicted with Sri Lanka\u2019s sovereignty and existing judicial systems, sparking debates on their legitimacy and applicability. The ground reality that all of UN truth mechanisms were all failures.<\/li>\n\n\n\n
                                                                          • 13th Amendment (Devolution of Power):<\/strong>
                                                                            Although enacted in 1987, ongoing UN pressure focused on the full implementation and expansion of devolved powers to provinces as part of a political solution to ethnic grievances, challenging the country\u2019s unitary state structure. A request that directly violates Sri Lanka\u2019s constitution & showcases UNHRC\u2019s blatant violation of UN charter.<\/li>\n\n\n\n
                                                                          • Prevention of Terrorism Act (PTA) Amendments:<\/strong>
                                                                            The UNHRC consistently pushed for reforms to Sri Lanka\u2019s PTA to better align with international human rights norms. Despite some amendments, the law remains in place, and its application remains a contentious issue in domestic and international discourse. Clearly, the aim is to weaken Sri Lanka\u2019s sovereignty.<\/li>\n\n\n\n
                                                                          • Expansion of the Human Rights Commission\u2019s Mandate:<\/strong>
                                                                            The establishment and empowerment of Sri Lanka\u2019s Human Rights Commission, with mandates influenced by UN expectations, aimed at increased monitoring and reporting on human rights issues, often under scrutiny for potential politicization. The current recommendations by HRCSL reveals its politicization & bias.<\/li>\n<\/ul>\n\n\n\n

                                                                            These imposed or pressured changes, justified by the UNHRC as necessary for reconciliation and accountability, have instead often deepened divisions, raised sovereignty concerns, and fueled political interference\u2014undermining the country\u2019s post-war recovery and reconciliation process.<\/p>\n\n\n\n

                                                                            The post-war period was Sri Lanka\u2019s moment of recovery, reconciliation, and reconstruction. But rather than supporting this transition, the UN\u2014with Ban Ki-moon\u2019s biased precedent, the flawed PoE, and UNHRC\u2019s selective resolutions\u2014chose to punish a sovereign country for defeating terrorism.<\/p>\n\n\n\n

                                                                            Sri Lanka cannot proceed primarily due to the legally questionable actions of the former UNSG & the legally questionable resolutions together with their demands.<\/p>\n\n\n\n

                                                                            Instead of justice, Sri Lanka received politicized scrutiny. Instead of reconciliation, it received externally driven division. The question remains\u2014is the UN committed to justice for all, or only for those aligned with its power blocs?<\/p>\n\n\n\n

                                                                            Shenali D Waduge<\/strong><\/p>\n\n\n\n

                                                                            <\/p>\n","protected":false},"excerpt":{"rendered":"

                                                                            Shenali D Waduge A Dangerous Precedent by UNSG Ban Ki-moon The UN\u2019s actions against Sri Lanka post-2009 remain unprecedented in UN history. Never before has the Secretary-General appointed a Panel of Experts (PoE) to investigate a concluded internal conflict\u2014especially after a recognized terrorist group was defeated. UN Secretary-General Ban Ki-moon\u2019s decision to appoint such a panel in 2010, bypassing both […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-150197","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/150197","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=150197"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/150197\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=150197"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=150197"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=150197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}