இலங்கையில் போர்க்குற்றம்

தமிழில் மொழிபெயர்க்க முடியாமைக்கு வருந்துகிறேன்

ஆனால் செய்தியின் தேவைகருதி இதனை இணைக்கிறேன்

War Crimes in Sri Lanka

Asia Report N°191 17 May 2010

EXECUTIVE SUMMARY AND RECOMMENDATIONS

The Sri Lankan security forces and the Liberation Tigers of Tamil Eelam
(LTTE) repeatedly violated international humanitarian law during the
last five months of their 30-year civil war. Although both sides
committed atrocities throughout the many years of conflict, the scale
and nature of violations particularly worsened from January 2009 to the
government’s declaration of victory in May. Evidence gathered by the
International Crisis Group suggests that these months saw tens of
thousands of Tamil civilian men, women, children and the elderly
killed, countless more wounded, and hundreds of thousands deprived of
adequate food and medical care, resulting in more deaths.

This evidence also provides reasonable grounds to believe the Sri
Lankan security forces committed war crimes with top government and
military leaders potentially responsible. There is evidence of war
crimes committed by the LTTE and its leaders as well, but most of them
were killed and will never face justice. An international inquiry into
alleged crimes is essential given the absence of political will or
capacity for genuine domestic investigations, the need for an
accounting to address the grievances that drive conflict in Sri Lanka,
and the potential of other governments adopting the Sri Lankan model of
counter-insurgency in their own internal conflicts.

Crisis Group possesses credible evidence that is sufficient to warrant
an independent international investigation of the following allegations:

* The intentional shelling of civilians. Starting in late January,
the government and security forces encouraged hundreds of thousands of
civilians to move into ever smaller government-declared No Fire Zones
(NFZs) and then subjected them to repeated and increasingly intense
artillery and mortar barrages and other fire. This continued through
May despite the government and security forces knowing the size and
location of the civilian population and scale of civilian casualties.
* The intentional shelling of hospitals. The security forces shelled
hospitals and makeshift medical centres – many overflowing with the
wounded and sick – on multiple occasions even though they knew of their
precise locations and functions. During these incidents, medical staff,
the United Nations, the International Committee of the Red Cross (ICRC)
and others continually informed the government and security forces of
the shelling, yet they continued to strike medical facilities through
May forcing civilians to abandon them.
* The intentional shelling of humanitarian operations. Despite knowing
the exact location of humanitarian operations and food distribution
points, the security forces repeatedly shelled these areas, which were
crowded with humanitarian workers, vehicles and supplies, and
civilians. Many were killed or wounded trying to deliver or receive
basic humanitarian assistance, including women, children and infants.

The consequences of the security forces’ shelling were made
substantially worse by the government’s obstruction of food and medical
treatment for the civilian population, including by knowingly claiming
the civilian population was less than one third its actual size and
denying adequate supplies.

The government declined to respond to Crisis Group’s request for comment on these allegations.

There is also strong evidence that the LTTE engaged in:

* The intentional shooting of civilians. The LTTE fired on and
killed or wounded many civilians in the conflict zone who were
attempting to flee the shelling and cross into government-controlled
areas.
* The intentional infliction of suffering on civilians. The LTTE
refused to allow civilians to leave the conflict zone, despite grave
danger from shelling and lack of humanitarian supplies, even when the
civilians were injured and dying. The LTTE also forcibly recruited many
civilians to fight or serve as labourers and beat some family members
who protested the recruitment.

The substantial body of evidence collected by Crisis Group since August
2009 offers a compelling case for investigation of the conduct of
hostilities and the role of the military and political leadership on
both sides. It consists of numerous eyewitness statements that Crisis
Group has taken and considers to be reliable as well as hundreds of
photographs, video, satellite images, electronic communications and
documents from multiple credible sources. But it covers only a small
number of the violations allegedly committed and is but a first step in
what should be a major effort to examine the last year of the war.
Among the other allegations that should be investigated are the
recruitment of children by the LTTE and the execution by the security
forces of those who had laid down their arms and were trying to
surrender.

Much of the international community turned a blind eye to the
violations when they were happening. Some issued statements calling for
restraint but took no action as the government continually denied any
wrongdoing. Many countries had declared the LTTE terrorists and
welcomed their defeat. They encouraged the government’s tough response
while failing to press for political reforms to address Tamil
grievances or for any improvement in human rights. The eventual
destruction of the LTTE militarily came at the cost of immense civilian
suffering and an acute challenge to the laws of war. It also undermined
the credibility of the United Nations and further entrenched a
bitterness among Tamils in Sri Lanka and elsewhere which may make a
durable peace elusive. Now a number of other countries are considering
“the Sri Lankan option” – unrestrained military action, refusal to
negotiate, disregard for humanitarian issues – as a way to deal with
insurgencies and other violent groups.

To recover from this damage, there must be a concerted effort to
investigate alleged war crimes by both sides and prosecute those
responsible. Sri Lanka is not a member state of the International
Criminal Court (ICC), and the UN Security Council is not likely to
refer these crimes to the ICC in the short term. While some of the LTTE
may go on trial in Sri Lanka, it is virtually impossible that any
domestic investigation into the government or security forces would be
impartial given the entrenched culture of impunity. A UN-mandated
international inquiry should be the priority, and those countries that
have jurisdiction over alleged crimes – including countries such as the
U.S. where dual nationals or residents may be suspected – should
vigorously pursue investigations.

RECOMMENDATIONS

To the Government of Sri Lanka:

1. Cooperate fully with international efforts to investigate alleged
war crimes, including a UN-mandated international inquiry, guaranteeing
free access to the conflict area and effective protection of witnesses.

2. Try LTTE cadres suspected of war crimes in open court, allowing them
and witnesses against them full protections required by international
law and permitting international oversight, or release them if there is
insufficient evidence.

3. Invite the UN special rapporteurs on extrajudicial executions,
torture, violence against women, the right to food, the right to
health, the protection of human rights while countering terrorism and
the situation of human rights defenders, and the special
representatives on the human rights of internally displaced persons
(IDPs) and on children and armed conflict, to visit Sri Lanka to
investigate the conduct of the last year of hostilities.

4. Compile, with the assistance of the ICRC and/or the UN High
Commissioner for Human Rights, a full and public register of those
killed, wounded and missing from the final months of the war, including
the circumstances of their death, injury or disappearance; and issue
death certificates and provide financial compensation for civilians
killed or wounded and for property destroyed or damaged.

5. Provide ICRC with full access to all places of detention, including
where LTTE suspects or surrendees are being held, and allow detained
individuals full protections under international law.

To the United Nations and Member States:

6. Authorise an independent international inquiry into alleged war
crimes in Sri Lanka during the last year of the conflict, tasking it to
investigate the conduct of both sides, to complete its work within a
reasonably short period and to recommend steps to be taken by national
and international authorities to ensure accountability for any crimes.

7. Begin inquiries into attacks on UN assets and personnel and into the
conduct of the UN during the last year of the conflict, examining the
UN’s September 2008 withdrawal from Kilinochchi through to its
ineffectual attempts to push for a ceasefire and its involvement in Sri
Lankan government internment camps.

8. Empower the special rapporteurs on extrajudicial executions,
torture, violence against women, the right to food, the right to
health, the protection of human rights while countering terrorism and
the situation of human rights defenders, and the special representative
on the human rights of internally displaced persons (IDPs), to carry
out full investigations of the conduct of the last year of hostilities,
particularly into alleged extrajudicial executions and torture, and the
special representative on children and armed conflict to more
completely investigate the recruitment of child soldiers and killing
and maiming of children.

9. Make available to any credible efforts to investigate alleged war
crimes in Sri Lanka all relevant information within the possession or
control of the UN.

10. Ensure that Sri Lankan contributions to UN peacekeeping missions
are consistent with universal human rights principles, including by
ensuring the systematic pre-deployment screening of Sri Lankan
personnel to identify any individuals allegedly involved in war crimes
or human rights violations.

To India, the United States, Canada, Australia, the United Kingdom, France, Other EU Member States, Switzerland and Others:

11. Do not extradite LTTE suspects to Sri Lanka unless guarantees of
humane treatment and fair trials are in place. Instead prosecute in
domestic courts where possible and appropriate.

12. Begin investigations into alleged war crimes or human rights abuses
in cases where jurisdiction may exist, including where nationals or
residents are allegedly involved. Ensure such investigations have
sufficient resources and share evidence in the possession or control of
governments, including satellite imagery.

13. Support non-frivolous civil suits by or on behalf of alleged
victims of the security forces or the LTTE, including by limiting
claims of immunity.

14. Grant asylum or other protected status to witnesses and act to
preserve evidence of war crimes, particularly by allowing officials to
cooperate with credible investigations.

15. Impose targeted sanctions, including travel restrictions, on Sri
Lankan officials and members of their families, unless and until the
government cooperates with international efforts to investigate alleged
war crimes.

Brussels, 17 May 2010




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