Probing Lanka’s War Crimes
- A United Nations Human Rights Council has recommended that a ‘hybrid court’ probe the alleged war crimes committed during Lanka’s struggle against the LTTE
- With the LTTE crushed in 2009, Sri Lankan forces and paramilitary groups are under the scanner
- Ranil Wickremesinghe’s government is wary of such intrusive measures that can have a negative fallout
- Palpable signs of discontent in Sri Lanka even before ultra-nationalist leaders made it worse
- It is in India’s interest to stand by Sri Lanka at the UNHRC before the island country reaches out to China
The new government in Colombo is haunted by the ghosts of the not-so-distant past. A United Nations Human Rights Council-mandated war crime investigation has recommended that a ‘hybrid court’ probe the ‘horrific level’ of war crimes that have allegedly been committed during Sri Lanka’s fight against the separatist Liberation Tigers of Tamil Eelam (LTTE).
The report that was mandated by an earlier UNHRC resolution and presented to the ongoing UNHRC session last week, recommended that the proposed court has international judges, prosecutors, lawyers and investigators. The report said:
Sri Lanka’s criminal justice system is not yet ready or equipped to conduct independent and credible investigation into the allegations.
The 261-page report states that “there are reasonable grounds to believe” that the Sri Lankan security forces, para-military groups and the LTTE engaged in “unlawful killings”, “arbitrary arrests and detentions”, “enforced disappearances”, “torture and other forms of cruel, inhuman and degrading treatment”, “sexual and gender-based violence”, “repeated shelling of hospitals” and “denial of humanitarian assistance” to civilians.
All these, if established before a court of law, may amount to war crimes and/or crimes against humanity.
Domestic Mechanism
The LTTE is also accused of using civilians as human shields as also abduction and forced recruitment of children as combatants.
However, with the LTTE no more – annihilated in the sliver of land off the Mulaitivu lagoon – it is only the Sri Lankan forces and paramilitary groups, many of which maintained a working relationship with the security forces, which are in the dock. That does not go down well within the Sinhalese majority which earnestly believes that defeating the LTTE, an egregious terrorist group in its own right, is worth the cost.
The new government, mindful of domestic sentiments, has ruled out a hybrid court. Prime Minister Ranil Wickremesinghe told the Parliament on September 23 that reconciliation would be achieved through a domestic mechanism. He told the House that Sri Lanka had requested the US, which has mended fences with Colombo since the election of the new government, to obtain the support of other member states. The US earlier promised to present a resolution supporting a credible domestic investigation, which is also Sri Lanka’s position.
Seeking Support
China and Russia would only support a resolution that is favourable to Sri Lanka, Wickremesinghe said, in a subtle reminder to the West and America that Sri Lanka has a fallback option.
He added that he hoped New Delhi too would support Colombo.
Early this week, at an informal session of the UNHRC, Sri Lanka rejected an initial draft resolution, describing it as counter-productive to the ongoing reconciliation efforts. Ravinatha Aryasinha, Sri Lankan ambassador in Geneva, described the draft as “reparative, judgmental and prescriptive and not in keeping with the spirit of the process of reconciliation and reform underway in Sri Lanka.”
The new government in Colombo has reasons to be wary about intrusive measures that could emanate through a UNHRC resolution. In the past, foreign initiatives, probably well-intentioned, turned sour. For instance, the Norwegian-brokered ceasefire agreement with the LTTE had the blessings of the international community, but the Sinhalese majority was not impressed and soon became distrustful of the then government’s appeasement of the Tamil Tigers.
The tenure of the Wickremesinghe administration was cut short by the dissolution of Parliament by the then President Chandrika Kumaratunga, who was in the opposing camp. Wickremesinghe’s UNP was then routed in a snap election, which saw Kunmaratunga’s UPFA romp home, riding on a wave of re-awakened Sinhala nationalism.
Standing by Sri Lanka
Conceding to a hybrid court could well be the beginning of the end for the new government. Already, there are signs of discontent. It is a matter of time before the ultra-nationalist politicians fish in troubled waters.
Former President Mahinda Rajapaksa has asked the government to reject the war crime report. When the UNHRC passed a resolution last year, authorising the Office of the High Commissioner of Human Rights (OHCHR) to conduct an investigation into war crimes, the Rajapaksa administration “categorically and unreservedly” rejected it and barred investigators from visiting the country.
Now, Rajapaksa says investigators are exclusively European, citing prejudice. Earlier, another parliamentarian from Rajapaksa’s camp announced plans to present an indemnity bill to grant immunity to military and political officials from prosecution for their conduct during the war.
In India, any discussion on Sri Lanka, especially on the country’s ethnic question, gets overwhelmed by domestic sentiments in Tamil Nadu. However, as the new government is tilting towards New Delhi, it is in India’s interest to stand by Sri Lanka at the UNHRC.
During his official visit to New Delhi on September 14, Wickremesinghe agreed with Prime Minister Narendra Modi that the two countries remain sensitive to each other’s concerns. Those remarks suggest reciprocity. However, when India hesitates to act, paralysed by domestic constraints, Sri Lanka, understandably enough, cannot help, but to be beholden to China.
(The writer is a Sri Lankan journalist)
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