{"id":49987,"date":"2015-12-05T14:52:00","date_gmt":"2015-12-05T21:52:00","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=49987"},"modified":"2015-12-05T14:52:00","modified_gmt":"2015-12-05T21:52:00","slug":"the-paranagama-report-whos-discrediting-it-and-why","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2015\/12\/05\/the-paranagama-report-whos-discrediting-it-and-why\/","title":{"rendered":"The Paranagama Report: Who’s discrediting it, and why?"},"content":{"rendered":"

Courtesy The Daily Mirror<\/em><\/span><\/h2>\n

It is absolutely right to take decisive action against terrorists when they threaten the lives of innocent citizens.\u201d
\n\"\"The speaker of these words was not former president Mahinda Rajapaksa or anyone in his government, but British Prime Minister David Cameron, expressing solidarity with French President Francois Hollande in the wake of the recent terror attacks in Paris. But it appears that what\u2019s sauce for the goose is not sauce for the gander, as Western powers push for implementation of a US-led resolution crafted to make the Sri Lankan armed forces suffer \u2018consequences\u2019 for their role in defeating terrorism, in a part of the world far away from theirs.<\/p>\n

The eruption of \u00a0IS terror in Paris came at a time when in Sri Lanka, the Paranagama Second Mandate Report \u00a0had become a subject of discussion, bringing into sharp focus the monumental hypocrisy of the Western political project in Sri Lanka. What is more surprising however is that the Government of Sri Lanka (GoSL) seems to be collaborating in it (having co-sponsored the resolution, for example). \u00a0There was some irony too in the fact that even while GoSL was (quite rightly) sending condolences to Paris, it was reportedly hauling up its own former service chiefs who led the fight against terrorism, before one of its numerous \u2018Commissions of Inquiry.\u2019<\/p>\n

\"\"The peculiar trajectory of the debate over the Paranagama Report, both in and outside Parliament, dogged by various attempts to discredit it, have left many people perplexed, and many questions unanswered.<\/p>\n

Darusman up-ended<\/strong>
\nThe most significant contribution of the \u2018Report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances\u2019 (or the \u2018Paranagama Report\u2019) to the war crimes debate is that it convincingly up-ends the main allegations contained in the Darusman Report (Report of the UN Secretary General\u2019s Advisory Panel). \u00a0The Darusman Report\u2019s assertion that \u2018a range of up to 40,000\u2019 civilian deaths during the last phase of the war \u2018cannot be ruled out,\u2019 was reported in the media as if it was a factual statement that 40,000 civilians died. Some reports went further citing this \u2018UN Report\u2019 as having found that \u2018over 40,000\u2019 had been killed. \u00a0Before long the world became prisoner of the Darusman narrative,\u201d as the Paranagama Report put it. The Darusman Report was also a key source for the OISL (OHCHR Investigation on Sri Lanka). So the Paranagama Report, in demolishing the erroneous claims of the Darusman Report, to a large extent debunks the OISL\u2019s allegations as well. It\u2019s worth asking if the potentially double-barrelled assault contained in the Paranagama Report would explain why it seems to represent such a threat to\u00a0certain interests.<\/p>\n

The Commission headed by retired High Court Judge Maxwell Paranagama was appointed by former President Mahinda Rajapaksa. But by no means is its Report a \u2019whitewash\u2019 of the political or military leadership of that regime, any more than the LLRC report could be described as a whitewash. \u00a0Its mandate is on a continuum with that of the LLRC. Aspects of it may not be to the liking of nationalists on either side of the ethnic divide. The Commission\u2019s objective it says is to present a balanced narrative by conducting a proper analysis of the final phase of the conflict – the period between January and May 2009 – taking into account expert military and legal advice.\u201d<\/p>\n

ISIL and LTTE strategies similar<\/strong>
\nThe Report goes beyond much of the other literature on the war by comprehensively setting out the legal framework governing conflict situations (Chapter 6), and then proceeding to analyse the \u2018complex legal standards\u2019 applicable to military operations such as those that took place in the final phase.
\nThe Commission had the benefit of input from a foreign Advisory Panel comprising Sir Desmond de Silva QC (UK), Sir Geoffrey Nice QC (UK) and Prof David M Crane (USA), whose legal opinions became the \u2018legal bedrock\u2019 of the Report. \u00a0The Advisory Council had a supporting team of experts as well. It included Major General John Holmes DSO, OBE, MC (UK), former Commanding Officer of Britain\u2019s Special Air Services, who provided an Independent Military Report. This invaluable Annex to the Report gives an assessment of the Sri Lanka Army\u2019s operations in the specific circumstances of the last phase of the war from a military analyst\u2019s point of view. Holmes tests the SLA\u2019s conduct against the applicable principles of distinction, military necessity and proportionality.<\/p>\n

Without a doubt there were civilian casualties\u201d says the Paranagama Report \u00a0The key question is whether in the main those civilians were killed unlawfully or as a tragic and unfortunate consequence of a campaign which was proportionate to the military objective sought. \u201d \u00a0Independent military analyst Holmes expresses the opinion that it was a wholly unique and unusual hostage taking situation.\u201d \u00a0He adds that ISIL in Syria has adopted some of these strategies, forcing the allied coalition in Iraq to make hard choices in the overall protection of the civilian population and the stability of the region.\u201d The former SAS Commander describes the final phase of the war in Sri Lanka as a \u2018unique event.\u2019 \u00a0In fact, I do not believe that the strategic difficulties of resolving the last phase of the war have been fully appreciated by military strategists until relatively recently\u201d he says.<\/p>\n

In his opinion, the situation faced by the SLA would have posed a dilemma for the very best trained and equipped armies in the world.\u201d He says it is extremely difficult to sustain an accusation of the deliberate killing of civilians by the SLA by shelling, which had the artillery potential over a very short time to devastate the temporary civilian encampments \u2026\u201d (para 81). \u00a0Holmes concludes, on the evidence, that the SLA\u2019s operations, in broad terms, were proportionate in the circumstances\u201d (para 83).<\/p>\n

No \u2018system crimes\u2019 by SLA<\/strong>
\nThis Expert Military Report shows that there is no case to be made for \u2018system crimes\u2019 by the SLA in the crucial final months of the war. \u00a0All the evidence discounts any form of \u00a0deliberate policy or systematically reckless or disproportionate conduct \u2026\u201d (para 77)<\/p>\n

the Paranagama Report however addresses the principal allegations made against the GoSL and the SLA and says there may be individual instances of IHL violations which could amount to war crimes and must be the subject of a \u2018judge-led investigation.\u2019<\/p>\n

The Paranagama Report adds new dimensions to the war crimes debate through 1) a detailed discussion on the laws of war and 2) providing an independent military expert\u2019s opinion. It differs from previous reports in other ways as well:<\/p>\n

    \n
  • It is meticulously referenced and footnoted, showing that the authors have done a thorough survey of the existing literature<\/strong><\/li>\n<\/ul>\n

     <\/p>\n

      \n
    • Its sources are named, not anonymous<\/strong><\/li>\n<\/ul>\n

       <\/p>\n

        \n
      • It uses information from Wikileaks cables. For instance it is able to say US diplomatic cables acknowledged that the LTTE was pursuing a monstrous campaign of cannibalizing its own people , particularly children\u201d (para \u00a0259).\u00a0<\/strong><\/li>\n<\/ul>\n

         <\/p>\n

          \n
        • It has the benefit of insights gained through its First Mandate, which involved hearings held across the North and East of the country, during which it heard first hand witness testimony from relatives of the disappeared.<\/strong><\/li>\n<\/ul>\n

          Given the above factors, and given the stellar credentials of its foreign expert team – some of whose members have experience on the UN\u2019s own international tribunals – the attempts to vilify the Paranagama Report seem all the more strange.<\/p>\n

          Attempts to discredit\u00a0<\/strong>
          \nCoincidentally, both the UN Rights Chief Zeid Al Hussain (in his statement to the Human Rights Council in Sept.) and the UN Working Group on enforced or involuntary Disappearances (at the end of its visit in Nov) made the identical recommendation with regard to the Paranagama Commission. Both called for its disbanding, and for transferring its cases to a \u2018credible and independent institution.\u2019 No proper rationale was offered by either of them for this call, apart from indications that \u2018stakeholders\u2019 had conveyed their dissatisfaction. The question that naturally arises is whether both the UN Rights Chief and the UN-WGEID had been lobbied by the same interest group, with a view to discrediting the Paranagama Commission and its Report.<\/p>\n

          In Parliament during the debate on the US-led resolution, TNA member M A Sumanthiran said he had complained to the UK Bar Standards Committee regarding Sir Desmond de Silva QC, who headed the Commission\u2019s Advisory Council, claiming that he had given a legal opinion on aspects of the war to former president Rajapaksa for which he had been paid. \u00a0Some government ministers, also during that parliamentary debate, disparaged the Paranagama Report saying it was \u2018worse than the OISL Report.\u2019 Following these remarks Justice Paranagama issued statements to the media protesting misrepresentations made to the public.<\/p>\n

          Blows the LTTE\u2019s cover<\/strong>
          \nIt\u2019s not surprising that those influenced by Tamil diaspora organisations would oppose the Paranagama Report. The GTF for instance has insisted on an international investigation of alleged war crimes, whereas the Paranagama Report recommends a domestic mechanism that met international concerns. Pro-LTTE sections would be particularly alarmed because the Report blows the LTTE\u2019s cover by showing that the LTTE was principally responsible for the loss of civilian life in the last phase of the war (para 42). \u00a0Western-based LTTE activists and fundraisers would have reason to fear this Report because it is backed by a team of Western experts including a military analyst of international repute. As a result this Report may have greater credibility in the eyes of a Western readership than, say, the LLRC Report.<\/p>\n

          The reasons for the GoSL seeking to undermine this Report remain inexplicable, seeing that it offers the best defence, so far, of the conduct of its armed forces. Despite calls from Opposition ranks to submit the Report to the Human Rights Council in Geneva the GoSL did not do so.<\/p>\n

          It would be a sad commentary on the GoSL if its only reason for seeking to discredit the Paranagama Commission is that it was appointed by political rivals of the previous regime. If the government\u2019s goal is reconciliation and if, as it says, it hopes to achieve this through a process that involves truth-seeking and wide consultation, shouldn\u2019t the Report be made part of the national and international discourse \u2013 whether or not some people disagree with its content?\u00a0 – See more at: http:\/\/www.dailymirror.lk\/98237\/the-paranagama-report-who-s-discrediting-it-and-why#sthash.3UYdIevd.dpuf<\/p>\n","protected":false},"excerpt":{"rendered":"

          Courtesy The Daily Mirror It is absolutely right to take decisive action against terrorists when they threaten the lives of innocent citizens.\u201d The speaker of these words was not former president Mahinda Rajapaksa or anyone in his government, but British Prime Minister David Cameron, expressing solidarity with French President Francois Hollande in the wake of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-49987","post","type-post","status-publish","format-standard","hentry","category-forum"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/49987","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=49987"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/49987\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=49987"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=49987"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=49987"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}