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This is an archive article published on March 15, 2012

Notes on the war zone

Nimisha Jaiswal contrasts various reports on war crimes in Sri Lanka,with the latest UN resolution having kicked up a fresh storm

The War & After

1983-2009. The civil war in Sri Lanka started with the LTTE launching a campaign against the government. An estimated 80,000–100,000 people were killed during the insurgency.

May 2009. After the war ended,UNSG Ban Ki-Moon visited Sri Lanka. He issued a joint statement with President Mahinda Rajapaksa; the government agreed to take measures on accountability for violations of international human rights law.

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That Month,17 countries (Argentina,Bosnia & Herzegovina,Canada,Chile,France,Germany,Italy,Mauritius,Mexico,Netherlands,Slovenia,Slovakia,South Korea,Switzerland,Ukraine,Uruguay,and the United Kingdom) attempted to get UNHRC’s 11th session to investigate war crimes in Sri Lanka. It failed,due to support for Sri Lanka by China,India,Russia,and other developing countries.

May 27,2009. The UNHRC passed a resolution that commended the Sri Lankan government’s actions,condemned the Tamil Tigers and ignored allegations of violations of human rights and humanitarian law by government forces.

At Home

May 2010. Rajapaksa appointed a Lessons Learnt and Reconciliation Commission (LLRC) to look into the civil war and make recommendations towards peace building. After an 18-month inquiry,it submitted its report to the President on November 15,2011.

June 2010. Ban Ki-Moon appointed a three-member panel to advise him on accountability issues relating to alleged international human rights violations in the final stages of the civil war. The Lankan government criticised the move as an attack on its sovereignty.

The U-Turn

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April 12,2011. The UNSG’s panel submitted the report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka,which found fault with both the Lankan government and the LTTE. It called on the UNSG to institute an independent,international investigation into human rights violations. It suggested that the UNHRC reconsider its May 2009 resolution. It said 40,000 civilian deaths had occurred in the final months of the war,due to the military’s indiscriminate shelling,even of hospitals. The LTTE was accused of using civilians as a “human buffer”,and killing civilians who did not submit to its control.

April 13,2011. The Lanka government issued a statement condemning this report and stating it was “fundamentally flawed in many respects” and “patently biased”.

The Counter

November 15,2011. The LLRC submitted its report to the President. It concluded that the military gave the “highest priority” to protecting civilians whereas the LTTE showed “no respect for human life”. It admitted that civilian deaths had occurred accidentally at the hands of the military,though the government had till then claimed no such civilian deaths. Amnesty International,Human Rights Watch and the International Crisis group refused to appear before the LLRC as the report was accused of having a limited mandate and being influenced by the Lankan government.

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