Sri Lanka and war crimes investigations: Nothing to Lose, but a World to Win
Repost This ArticleTo rephrase the words of Marx and Engels: a spectre is haunting Sri Lanka – the spectre of an international investigation. More specifically, a demand has been made by the West, and will be made in the future too: a demand for an international investigation.
The response to such a demand, without any doubt, should be: NO. Such a response should not be based purely on the issue of ‘sovereignty’ alone; i.e. that an international investigation violates Sri Lanka’s sovereignty and territorial integrity. Furthermore, this response should not be (and should not have been) the fast-unto-death kind.
But there are other reasons. One reason is the fact that the demand is made by Western/European States which do not practice what they preach (for instance, when US Ambassador Patricia Butenis stated in her cable of 15 Jan 2010 that “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power”, one is not sure whether she was referring to Sri Lanka or the US and its allies; or whether she was mindful of the fact that the same could be said about US regimes). That habitual practice of preaching to the ‘other’ as to what they should do, and how they should address issues of accountability, has not gone away (and certainly, will not go away). That imperialist and neocolonial civilizing mission should have an unambiguous counter-response, a negative one.
Another reason concerns the question as to who is going to play the role of ‘investigator’ in that exercise: those belonging only to the West? Is that what these States mean by ‘international’? And if so, what of ‘independence’?
Moreover, another critical and important reason is the following: that while ‘accountability’ and ‘individual criminal responsibility’ are most important issues that need to be addressed, they hardly take into account the responsibility of significant international actors which may have contributed to the prolongation, or even an escalation, of the internal conflict.
As scholars such as Professors BS Chimni and Antony Anghie have persuasively argued, any mechanism which attempts to investigate allegations of crimes should consider: “the extent to which the negligence and failure of existing international institutions contributed to the problem”; and “the very direct ways in which powerful states, which have played the virtuous role of establishing new mechanisms of accountability may have promoted, or in the least, failed to prevent, the very violence which they now seek to redress.” (In the Sri Lankan context, if an investigation concerning the above is to take place, it would involve an examination of not only the Western powers, but also India.)
It is this very crucial issue that the West, in particular, very conveniently and even wittingly forgets when making that pompous and hypocritical demand for an international investigation. International human rights organizations, unfortunately, miss this point too. Why? Because some or most of them are heavily funded by those very same Western powers which have played a significant role in those conflicts, especially in the form of ‘peace-makers’.
Evidence, in the form of leaked cables (via Wikileaks), has emerged to suggest that some of the major powers which were involved in the Sri Lankan peace-process were, at times, unwilling to appreciate the dangers posed by the LTTE. The documents which have been leaked should not be, by any means, regarded as documents which set out a particular country’s foreign policy. What they do show, however, is the thinking behind, and the input that goes into, the possible formulation of foreign policy and stance.
Serious concerns, it should be remembered, have been raised even by former President Chandrika Kumaratunga. The US cable of 10/23/2003 reveals that President Kumaratunga had requested Norway to remove SLMM’s chief Tryggve Teleffsen. The accusation – surrounding the issue of SLMM preventing the Navy from intercepting an LTTE arms resupply ship – had been that the SLMM had either being “deliberately trying to tip off the Tigers via a phone call so that their boat could escape” or was “acting in a highly negligent manner.” Teleffsen had admitted that “the matter had been badly handled.”
In what context does this take place? This happened after Anton Balasingham had revealed that the LTTE “suspended peace talks to get concessions”; a decision which, according to the US, “highlighted the tactical nature of the LTTE’s recent moves” (cable of 08/05/2003). It is this same LTTE’s ‘theoretician’ who “danced around the question of responsibility for Kadirgamar’s assassination (and disavowed any prior knowledge)”, as per the cable of 08/18/2005.
And while former US Ambassador Jeffrey Lunstead seems to have referred to Eric Solheim’s observation that “President Rajapaksa meant well and wanted peace but has a ‘shallow understanding’ of the ethnic issue”, the question needs to be asked: what sort of understanding did the Norway have about the LTTE and its long term goals? It does not come as a surprise then to learn that US Ambassador in Oslo, K. Whitney, had thought that: “Norwegians do not generally see any threats. For example, they do not see a danger from terrorism”, and that Norway “revels in its self-described role as the ‘moral superpower’…”
Even the demeanour of Norwegian diplomatic officials based in Colombo has been severely criticized, by Dr. Ratnajeevan Hoole. Dr. Hoole stated before the LLRC (on 12 Nov., 2010) that he “felt treated like a mangy stray dog shut out at the palace gates”. This had happened when he approached the Norwegian Embassy in Colombo to complain about LTTE trying to scuttle his appointment as Vice Chancellor of the Jaffna University. The officials “would not even open the gates to let me speak to anyone of substance”, recounts Dr. Hoole, further stating that he has, to date, never received a reply nor acknowledgment of the note he was asked to write and leave outside the gates of the Embassy.
All this and more suggests that any international investigation should start with a complete and thorough investigation of these Western powers which were unwilling to assess the LTTE, its tactics, its long term goals, with the kind of seriousness that responsible international actors would, and should, have done. Alas, such international investigations which try to hold these international actors accountable, however necessary, would not take place. That much, we all know. Thus, ‘International investigations’ which do not, inter alia, investigate the above cannot be acceptable.
Yet, should that history that has been further revealed by Wikileaks, a history which is behind us, hamper our relations with the West? Shouldn’t we move on, having realized the true nature of these actors? We should. And if moving on is difficult, let us revisit some of those very cables which were quoted above, and focus on some positives which might help us overcome, to some extent, the anger that is obviously generated due to the hypocrisy exhibited by these powers.
For example, one needs to appreciate the following: that “Norwegian society values dialogue above all … Norwegians are extremely opposed to the use of military force to achieve goals, no matter how laudable…” (as stated by Ambassador Whitney: but tell that, again, to Dr. Hoole!). Or else, one might need to focus on what Jan Petersen wrote to LTTE’s Anton Balagsinham, in a letter dated 16 August 2005, concerning the assassination of Minister Lakshman Kadirgamar: “[P]ublic perception both in Sri Lanka and internationally is that the LTTE is responsible. This public perception is a political reality… If the LTTE does not take a positive step forward at this critical juncture, the international reaction could be severe.” Well, the LTTE did not. And one knows the kind of domestic reaction and response that the terrorist group had to confront, a few years later.
Attaching the label ‘friend’ or ‘enemy’ does not help us over much. For that, we would in any case need more information about what other envoys in Sri Lanka are informing their respective political masters. Friends too have their ulterior motives, and a ‘friend’ that has supported our fight against terrorism will turn out to be an ‘enemy’ if it now wishes to carry out policies which are not in the best interest of the country. Identity, like anything else, is in constant flux. Hence, while not forgetting what these powers are and how they acted and what they are capable of, it is time to move on.
Yet, there is one final matter. While rejecting the calls for an international investigation, Sri Lanka should not, however, reject the importance of holding necessary domestic investigations and inquiries. The issue of human security is paramount, and kidnappings, killings and abductions of innocent Tamil citizens should be investigated by the State, as it should be the case as regards any other citizen belonging to any other ethnic group. ‘NO’ to an international investigation should not mean ‘NO’ to domestic investigations and inquiries concerning allegations raised by people within the State.
Those who may have been harmed during the conflict, or those who are reportedly being abducted or killed today, are citizens of Sri Lanka. If the Government of Sri Lanka cannot protect them, who will? And in this regard, the government does not need to turn to the reports compiled by those international organizations which are unwilling to appear before the LLRC. The government only needs to listen to the voices of the innocent and helpless people, in the Northern and Eastern parts of the country in particular. Sri Lanka has nothing to lose by addressing those enduring concerns of security raised by her own people. Sri Lanka will have the hearts of people – in short, ‘a world’ – to win.
Without repudiating the content of the wikileaks, there is a fundamental flaw in the logic of this article:
The author writes that “…demand has been made by the West, and will be made in the future too: a demand for an international investigation.”
The flaw is that the demand also comes from WITHIN Sri Lanka, from various regions, groups and individuals, especially those citizens directly affected by the conflict, either by the LTTE OR Government actions.
What? You sily person, you are not knowing that all these demanding peoples are paid by the diapora and the imperialist forces also?
“The issue of human security is paramount, and kidnappings, killings and abductions of innocent Tamil citizens should be investigated by the State, as it should be the case as regards any other citizen belonging to any other ethnic group”
The charade of using dubious arguments to whitewash the massacre of innocent civilians during the last phase of the war is nothing new, as does this writer. With no possible will at home to investigate “their own crimes” these arguments are stale and repulsive. Both parties to the conflict stand accused for their atrocities and war crimes and justifying one’s atrocities for the other to slip away through the “back door” is wishful thinking. Such a cheap shot has come by and gone many a times but the wind that has gathered strength to answer for the war crimes is just as strong as those culpable.
Any war crimes investigation into matters in Sri Lanka will set a precedent which is very bad for most nations. That is why apart from a few countries (they too face alleged war crimes) others don’t take any interest. There are over 195 nations in the world.
Within Sri Lanka, most people don’t want any war crimes investigation. This is the reality. People want to move forward, not backward.
Prevention of war again is more important than investigating war crimes. However the west and a very small group of locals will continue to demand war crimes investigations. That will continue. Responding to it or ignoring it is up to the government. No one can force war crimes investigation on any country without UN security council sanction.
A bad effect of war crimes allegations is Sri Lanka will never sign the Rome Statute, Cluster Bomb Ban, Ban on torture in investigations, ban on certian interrogation practices, etc. These can create more similar headaches for SL leaders. Biggest sufferers of this is anyone’s guess.
Another bad effect is that these pressures will drive SL more and more towards China, India, Pakistan, Russia, etc. (no regard to human rights, etc.) from EU and US (high regard for human rights). Again not all Sri Lankans will suffer equally due to this.
Thirdly SL will cripple/ban NGOs working in the north and east. This is not going to do any good to the people who have suffered for over 30 years.
Tamil diaspora is using war crimes allegations as an extortion tool. This drives fear into the government. Out of fear the government takes action to destroy all possibilities of Tamil Elam by setting up more and more army camps, tightening army control in the north, eliminating all LTTE monuments, supressing peaceful Tamil seperatists, following the “nip in the bud” strategy, following the counter insurgency strategy, etc.
The call to investigate alleged war crimes will continue and at the same time retaliatory measures will also continue. An equilibrium has been achived in these two forces. Some thrive in it while others suffer.
In short Kalana is saying it is okay to neglect existing international norms and butcher and maim thousands of hapless civilians in order to defend its “territorial integrity” and threat to “sovereignty” by LTTE because an international investigation means western imperialism and further more none of these states follow what they preach. What about Indian and Chinese imperialism or the IMF – aren’t they a threat to sovereignty?
Great! now Sri Lanka can be the model case for fighting “terrorism” or insurgencies. In other words, it is okay to abolish all norms and terrorize civilians and unarmed combatants in order to liberate them from “terrorism.”
One thing for sure, MR has popularized on the brutal war victory to further his grip on power as seen with 18th amendment.
Mr. Senaratne, your arguments that the countries calling for investigations themselves have committed crimes is ridiculous.
Firstly, these countries are merely supporting the call by victims and their advocates who are citizens of Sri Lanka. Secondly, your argument is tantamount to a rapist-murderer saying that another rapist got away with rape and murder and therefore you should, too. Thirdly, the victims of these countries’ actions–say the Afghans and Iraqis–have a billion strong Muslims worldwide who are more than capable of taking up the issue. They don’t need support from another tiny country that with a well known history of committing brutal state terror against its own citizens.
You selectively quote from Ratnajeevan Hoole’s submission to the LLRC. I know Jeevan Hoole well and have met him on many occasions. His submission also said that Tamils have no confidence in such commissions, that the credibility of the chairman himself was in question. His brother with the UTHR has exposed C.R. de Silva in his reports. He allowed his forthright submission to be sullied by speaking highly of evil men like Rajapaksa and Devananda, for the simple reason that they sponsored/supported him as Vice Chancellor of the Univ. of Jaffna; he completely suppresses the fact that many atrocities against innocent civilians could never have happened without their knowledge and consent.
Indeed, barely a couple of weeks after Hoole’s submission, there are abductions and murders in Jaffna. Under such conditions, what use is any investigation conducted by anyone within Sri Lanka? Your piece shows that it is not only the mafia regime and its paramilitary enforcers who are pure evil, but those like you who claim the mantle of being “moderates,” and then seek to whitewash grave crimes by your government, are evil as well.
@Agnos,
“like Rajapaksa and Devananda, for the simple reason that they sponsored/supported him as Vice Chancellor of the Univ. of Jaffna;”
But if you look at what is in the best interest of that institution, would you not agree that Rajapakse made the right decision appointing Hoole? Or do you have reasons to believe that there were better candidates than Hoole ( — so he should have been chased away with death threats)?
TA,
I condemned the actions against Hoole’s appointment by the LTTE, and made my views clear to the few pro-LTTE people I knew. As Hoole himself said, it was only the hardcore LTTE that was opposed to his appointment. Not even the TNA was opposed to him. I hope he becomes VC again.
What you are bringing up is irrelevant for the matter under discussion.
There are a few issues that concern me though–
1. Despite the pressures he faces in dealing with politicians as an academic/administrator, he doesn’t need to heap praises on people who have a clear criminal record. His own brother would be able to tell him why.
2. Despite the LTTE’s threats and mistreatment/denial of his legitimate VC post, the enormity of the injustices that have been heaped on the people during and in the aftermath of the war, makes Hoole’s constant obsession with the post and his trumpeting of his credentials, seem small-minded.
Yes, it seems like if anybody raise any issue against prevailing govt, he should either be – a LTTE sympathizer or non-patriotic under the current circumstances in the country. In the election that MR was reelected by illegally held ELECTION COMMISIONER – at least 40% percent of the nation proved that there are a significant fraction in the country that are not in the same opinion as MR thugs co. ltd bear. So this alone can give an idea to many that there are still masses in the country who do want rulers and the henchmen should be brought before internation court with regard to war crimes. Putting off this repeatedly and keeping real war hero – SF in dark cell holes will only add new problems under the current regime. I wonder why even so called higly accepted – political scientists also go after them ? When reading DJ´s articles resounding his open supports to the current govt, I become only allergic – war crime investigation is a must if govt further feels that they did nothing wrong in the very end of the war or millitory win against LTTE. And such and opening to hold war crime investigations can truly pave the way to the future developments of the country being open to the world….
This is an old,tired and specious argument advancing concerns about “national integrity,” “western hypocrisy” etc. etc.
If this were to be applied the only people qualified to conduct investigations about crimes against humanity would be the alleged perpetrators and some (non-existent) party that is “without sin.”
Perhaps, Senaratne would be well advised to look at the the Nuremberg Trials, the first human rights movement after Leopold II conducted his genocide in what became the Belgian Congo, Milosevic, Karadzic, the perpetrators of the Rwandan genocide etc.
To say that those accused, however wrongly, of human rights violations should conduct investigations into their conduct speaks for itself.
”Those who may have been harmed during the conflict, or those who are reportedly being abducted or killed today, are citizens of Sri Lanka. If the Government of Sri Lanka cannot protect them, who will?”
Mmmhhhh…. OK.
let’s forget the backlog of decades of uninvestigated killings and destruction of properties.
If anybody speaks of human rights violations, it’s ‘LTTE supporters”. If it’s about war crimes, it’s ”funded by diaspora”.
There are no Tamils/Sinhalese/non-Sri Lankans who can speak of huamn rights violations and war crimes in Sri Lanka?
How else would the President force those ravaged by decades of war(family members dead and barely surviving – NGOs ordered out) to ”CELEBRATE” Thai Pongal(harvest festival) in the North when a million are wading the mud and a whole harvest is washed away by the floods in the East?
He can do anything with the physical and emotional well-being of those in the Northeast?
Was the investigation into the Kadirgamar case completed?
Folks, pl let me know.
Dear Mary Tony;
“If anybody speaks of human rights violations, it’s ‘LTTE supporters”. If it’s about war crimes, it’s ”funded by diaspora”.”
Do you think it does not deserve you all?
I have never seen anything else you all are talking, rather than talking in hatred for revenge, (to achieve reconciliation).
It is reaping as you sow.
Thanks!
Even now the government – the Rajapakse Regime – insists that not a single civilian was injured during the so-called “humanitarian operation” to “rescue” the tamils held hostage and as human shield by the LTTE.
How can this be true, when the airforce has claimed to have carried out 5,000 bombing missions,the navy has fired thousands of shells and the army has fired hundreds/thousands/millions of bullets,rockets,RPGs and artillery shells during the final stages of the war.
Thousands of LTTE combatants who were seen while being taken into custody after surrender, are held in camps in secret locations and their kith & kin are unable to ascertain their whereabouts and even whether they are dead or alive.
The is an ongoing ‘reign of terror’ in the north and east, where paramilitaries are being allowed to commit crimes of assaults, abductions for ransom,shootings of civilians apparently at random,
rape/attempted rape & armed robbery, with collusion by the army.
IDPs are released from camps and then driven away from places where they are settled, by the army – even batches of IDPs led by the sole tamil minister from the north are chased away.
IDPs who settled in their former villages are asked to vacate by the army who say that the areas are required for army camps, others are informed that their villages have been identified as former sites of buddhist sites of worship and hence must vacate and move elsewhere.
The “high security zones” which are no longer necessary are still enforced.
Continued restrictions of livelihoods – farming,fishing & businesses
are being enforced.
None are able to protest against these human rights violations by the state against its own citizens.
The tamils abroad are aware of the truth of what goes on are able to protest and bring this to the notice of humanitarian organisations and governments of countries where they reside.This is resented by the supporters of the regime.
If the LTTE has been decimated, why is the Emergency Rule being perpetuated each month.
There must be an tnternational investigation of what happened during the last stages of the war.
The UN Panel appointed by the Secretary General must be allowed to investigate without let or hindrance.
If the government has nothing to hide, why should there be objections?
Justicia writes: “If the government has nothing to hide, why should there be objections?”
Going by this twisted argument, if the young women students at Sri Jayewardenepura campus had ” nothing to hide” why the objections to the humiliating medical inspections?
Dayan:
“Going by this twisted argument, if the young women students at Sri Jayewardenepura campus had ” nothing to hide” why the objections to the humiliating medical inspections?”
I am certainly worried by some of the warped logic that Dayan furnishes (or rather flashes) these days. Why not go like this Dayan? Since we know what are the assets behind a woman’s clothing, should or would it be necessary for a woman to wear clothes at all? OR to know whether drugs are really bad to health, one has to try it out to heart’s content OR to know how one feel’s about death, one has to die first but isn’t that a one-way ticket??
“For God’s sake let’s have some clarity:
1. How many wars which end in outright military victories, then give rise to investigations of the victors?
2. How many wars end without a subsequent investigation, and indeed with amnesty/indeminification agreements entered into?
3. How many domestic investigations occur within one or a few years of a war’s conclusion, and how many take decades (if at all)?
Isn’t there an implicit admission by the way you argue that there have been investigations, may be not all as you say. Well, what makes you think that the SL episode would not go the way of investigations and be held culpable for war crimes. I can see the desperation in the likes of you but leave aside what race or nation we belong to – is there nothing in you that would cry for justice for those who have been battered and butchered and who never had and had been denied of the voice ?
“is there nothing in you that would cry for justice for those who have been battered and butchered and who never had and had been denied of the voice ?”
There most certainly is. But what we question is the fact that these so called cries are aimed only at the SL military and was never heard on behalf of the battered and butchered of Dresden, Hiroshima, Nagasaki, or My Lai. Why is it that there still is no cry for those in Fallujah, Guantanamo Bay, Abu Ghraib, or Kalai Jhangi? Why is there is no cry against the LTTE’s Multi-National Government for its atrocities in Batti, Dehiwela, the Dollar Farms, Arantalawa, and so many more? Why is it there are no cries for the dozens of Tamils aboard the Lion Air flight in ’93, whose murderers are represented amongst you? Why not start there and convince us of your justice?
Dayan, now I start doubt your intelect? how can you compare the campus girls case with an strong suspicion of abuse of power of security forces? You need to free your self from the propagand of the govt. and use your rational thinking ability and your sense of morality.
I hope you will then not deny some other “facts” coming out from wikileaks, with arguments like wikileaks is not serious. And why should wikileaks reliable than BBC and Chanel4? There have been other news items of the dealings of MR with LTTE in 2005 in the int. press, what is your opinion on it?.
And I can see you prefer the easiest way “no inquiries, and hope the Tamils would forget it later, or we are free to repeat it as we can always evade with our misdeed like this time?
“for Gods sake lets have some clarity…” what you mean by this comment?
Please grow up Dayan!
Why you sad about the Abu Gharib? Why the tears for the Dresden and the My Lai? I am happy and thirlled also that the My Lai and the Abu Gharibs are happening. If not what to be saying to all the idiots asking us about what is happening to the Tamils? Whenever some one raising the voice and starting to be talking to me about the war crimes of the Sri Lanka I am pulling sad face and shaking my head and saying, why nobody wanting to be talking about the poor Germans dying in the bombings, what about the Vietnamese and oh my god, have you already forgotten the torturings in the AbuGharib side? Then they are shutting up and walking away letting us be doing whatever we are liking to anybody we are liking (or not liking) .
TT:
“Tamil diaspora is using war crimes allegations as an extortion tool. This drives fear into the government”
The way MR is running the country, does it really look like that he or his regime can be extorted at all? Well, even his former army commander is behind bars with all the accolades during his entire soldier’s life have been snatched away. He is is languishing in prison not knowing when he would ever come out.
It will be fair to say that this regime may enjoy super stardom at home but if they step out of the country, particularly to Europe or the States, then it is a different matter altogether.
“Within Sri Lanka, most people don’t want any war crimes investigation. This is the reality. People want to move forward, not backward.”
When you mention people, whom are you referring to – the Sinhalese perhaps? With the army surrounding them, what else can the Tamils do other than nod their heads.
The Jansee,
Please be understanding, it is not only the Tamils who are in the nodding business. The Sinhalese are also doing it, especially in the cabinet room. Our Majesty is speaking and we are all nodding. It is becoming like national custom. What would you rather be having? A head to be nodding with or no head at all?
What someone considers arguing or protesting is considered ”talking in hatred for revenge”by another ???? It’s frightening, too frightening, tooooooo frightening.
Jansee,
But the govt is strengthening the military arm in response to the percieved threat from Tamil Elam supporters in the Diaspora.
No such thing happened in USA or anywhere in Europe apart from the UK. I’m not defending the power hungry MR regime but merely stating the facts. Any government would do that because Tamil Elamists are a threat to all Sri Lankan rulers.
When I say people I meant people. I don’t care what race they belong to. For me there are 20 million people in Sri Lanka and most of them don’t give a damn about “war crimes” may it be 1971, 1983, 1989 or 2009.
“Any government would do that because Tamil Elamists are a threat to all Sri Lankan rulers.”
With the electoral success of the MR regime, and it is a generally acknowledged fact that Tamil Ealamists from abroad could be hardly a threat to the regime. Such a threat may come only if those alleged to have committed war crimes step outside SL. Nothwithstanding, it is heartening to note that at least a perceived threat from Ealamists exists. Over the years the Tamils gained something only through the menace of Prabhakaran. The atttitude and actions of the ruling regime drove the Tamils to the LTTE. The Tamils may now have lost a great deal as a result. If not for the so-called threat from Ealamists and the Tamilnadu factor, MR would have written-off the Tamils’ aspirations. All his previous pronouncements have become a joke. MR should have moved in fast to settle the displaced and extend his hand to meet at least some of the important aspirations of the Tamils. It is amply clear that he has squandered that opportunity and the price he will pay for that will be high. This will haunt him in the years to come as the winds to put those guilty of war crimes get stronger. While there are international efforts towards this, it may be reasonable to assume and/or belief that a shift and push may come from within from a discontented and disillusioned Sinhalese majority. It is only a matter of time.
The fact that thousands of civilians died does not hint there were war crimes. In all the wars in the world in the past 100 years, more civilians died than combatants.
Air force didn’t carry out many bombing missions in the last stages. Navy didn’t fire shells during the last stages. But air force did drop over 1,000,000 kg of bombs in Vanni on identified LTTE hideouts from 1983 to 2009. Perfectly legitimate. Civilians may have died but that would not be war crimes. There is no instance of isolating civilian targets and bombing them. Tigers don’t live seperate from civilians, they hide among civilians. So when SLA killed Tigers (they have a right to do so) some civilians also perished. That is not a war crime. When a no fire zone was declared scared LTTE leaders ran into it with weapons, bodyguards and cadres. That is a legitimate case to attack them in the NFZ.
Please read the Geneve convention. Nowhere it says you have to stop war if civilians die or you should keep zero civilian casualties. If you read it you will realize the GC is about helping warring nations to achieve their objectives legitimately than to stop war. Achieving war victory legitimately includes decimating the enemy forces unless they surrender and in the process many civilians may unintentionally die. All this confusion (not that it matters) is because 99.9% of the people crying about war crimes or even suspecting war crimes don’t know the contents of the GC. SL’s conduct was perfect by the GC. GC is NOT about peace but about war! You will see the GC actually provides legitimate ways to kill opponents!!!
Another common confusion is about the Rome Statute. It places a very high degree of care on nations to protect HRs, abstain from certain practices, etc. But SL didn’t sign it (will NEVER sign it now) so it is not applicable. So things that may be offences under the RS are not offences in the case of a non-signatory.
Cluster bombs is another confusion. Nowhere it is proven SL used cluster bombs. But all LTTE supporters believe SL used them. Even if SL had used them, there is ABSOLUTELY no offence bcos SL didn’t sign the ban! It is only obligatory on signatories.
SL has conducted well within the GC and international laws. But we must understand these laws are human made. made by powerful contries to punish the weak. They are certainly not fair. But one day all the pilots, army soldiers, LTTE cadres, politicians, spies, snipers, etc. will have to answer god. Why? Because they/their actions killed humans. It doesn’t matter they were within the law. But even god may pardon some if the war victory saved many more thousands. May or may not.
There is a MASSIVE gap between what are morally war crimes and war crimes by law. MOST of who cry about war crimes refer to the former. Kothapaya MSC in defence studies at Madras University knew very well how to kill within the Geneva Convention. If you know how to kill according to the Geneva Convention, you can kill not 8,000 but even millions.
Independant investigations are justified not when you suspect or know civilians had died, but when there is evidence to suspect Geneva Convention has been violated. There are absolutely no such suspicions in the case of SL.
Killing surendees is wrong and if done it must be investigated. But if the surrendees were after a military advantage, false pretext of surrender, false quarter for peace, then even the surendees lose all rights and the surendees commit war crimes according to the GC! If VP, his son, some LTTE cadres made a dash to the jungles when Nadesan was pretending to surrender or actually surrendered, then they all committed a war crimes and obliges SLA to stop their plan using force.
One MoD clip showed thousands of humans pulling a 152mm artillery gun in the beach. That is a perfect opportunity for SLAF to bomb the gun which could kill thousands legally. GC obliges SLAF to bomb it. This is the reality about the GC.
In future too SL will kill thousands according to the GC if SL feels its territorial integrity is at stake. If you know how, you can kill a cow without splatting any blood on you. Obviously trained professional killers are more dangerous than random killers. SLA are not random killers but trained professional killers well versed in the GC. That makes them even more lethal. And that makes their strategies more usable! Believe it or not many countries are now learning from SL how to kill within the GC. These countries have the capacity and perfectly know how to kill all but don’t know how to kill within the GC.
Kalana,
Only some people have faith in an internal investigation(those who are close to the Government) and those who may not care very much as to what happened during the course of the war. Those of us who think outside the box know that an internal investigation will be a cover up.
Do you want a investigation on consensus?
Or do you think only the aspirations of the “outside the box” should be fulfilled? If so what is your rationale asking not to act for the aspirations of the “inside box” people?
I am yet to sense a logic in your writings, my dear friend, however, I am convinced that you are good at expressing your opinions. It is also a clever skill in a way.
I have been curious and trying to understand the secret/mystery behind you writings for a long time, but eventually I am convinced I am not that smart.
Thanks, niranjan!
Morality has no subjective value. If someone happen to steal a banana it is a theft, independent if it is my son or my neighbors son. Most of the patriotic Sinhalese would prefer to argue, either the LTTE too has carried out atrocities and crimes against the humanity or countries like USA or UK are not faultless. That is not the purpose of the proposed investigation. It is not to hide that there is a huge number of causalities and missing persons during and after the war is to record. The purpose of the proposed investigation is to find out if the civilian casualties are part of collateral damage of a war or the enormous causality is taken for granted during the goal of eliminating the terrorists, or even deliberately carried out demoralize a particular part of the citizenry with regard to ethnic cleansing.
The blatant statement of the President “that this major humanity operation was carried out with zero civilian causality..” is such unbelievable that anybody with some sense would get suspicious of the issue other than the blind patriotic nationalist from south.It would imply that every bullet fired would have known for whom it was meant and not to hit any civilian. This statement would be alone reason enough to ask for an investigation. For a normal thinking person it should be understandable that this statement is arbitrary and has no value other than rhetoric. If the war on terrorism was carried out to eliminate the terrorists and to bring peace to the whole nation, then why still almost after 20 months after the end of the war still no measurable and meaningful solution for the ethnic trouble has been proposed and let alone reached? Why there are still displaced persons and persons missing under custody or just missing or being murdered are of daily agenda? has there been any meaningful acts from GoSL to trace out these persons or stop the arbitrary killing in north and south. Nothing in this respect is being promoted or propagated. All the rhetoric and propaganda is just to please the south and not to bring real peace for the Tamils, who are according to the “implemented” constitution citizens of Sri Lanka. Under these conditions and the rigorous denial of access to NGO’s, journalists, UN or international bodies and the continuing emergency rule are not convincing arguments for an abdication of an investigation. We should not deny any investigation on the basis of our sovereignty but on the basis of our innocence, but nobody claim that we are innocent so we argue that we are a sovereign nation.
My Dear Paradiselost;
What a fallacy ridden prose? Arbitrary, imaginary theories, principles and rules to arrive at conclusions and give recommendations.
1. Who told you Morality has no subjective value?
Essentially morality itself is a subjective thing. For moral system of cannibals, eating the flesh of an enemy is a good morality. Is it so for you?
2. Most of the patriotic Sinhalese would prefer to argue, either the LTTE too has carried out atrocities and crimes against the humanity or countries like USA or UK are not faultless. That is not the purpose of the proposed investigation.
That may not be your purpose, but it has an essential relationship. How do you propose to separate your purpose alone from the other related things? On the basis of your will/ambitions alone?
3. It would imply that every bullet fired would have known for whom it was meant and not to hit any civilian. This statement would be alone reason enough to ask for an investigation.
This itself contradicts your statement at (2) above. Statement (3)of yours itself warrant an investigation of the atrocities of LTTE. Do you say LTTE didn’t fire any bullet through out its barbaric carrier of over 30years?
4. If the war on terrorism was carried out to eliminate the terrorists and to bring peace to the whole nation, then why still almost after 20 months after the end of the war still no measurable and meaningful solution for the ethnic trouble has been proposed and let alone reached?
What is the rationale you to demand the “Sinhalese Government” should work according to the thinking emerged from your head? Don’t you think it is more natural it to work according to its own agenda or whatever it is?
Oh! I am bored of finding unending fallacies and contradictions in your rich essay.
Just as morality, emotions too are very subjective. (or as you say, have a subjective value)
Thanks!
The author’s very nub of his otherwise convincing argument against any international investigations into the Sri Lanka war crimes is countermanded by his own rhetorical question.
“Those who may have been harmed during the conflict, or those who are reportedly being abducted or killed today, are citizens of Sri Lanka. If the Government of Sri Lanka cannot protect them, who will?”.
M.C.M. Iqbal; secretary to two of Sri Lanka’s “truth commissions”, knowing more than most about the skeletons that are locked away in the government’s closet and feeling no longer safe in his home country, comments in his article Another Exercise in Deception, “It is obvious from the very beginning that this Commission (LLRC) is going to be another in the series of deceptive commissions appointed so far, and would suffer the same fate as most of the other Commissions. To cap it all, the President was heard to say at an interview Al Jazeera has had with him recently, that he was not going to punish any of his soldiers who fought the war valiantly to defeat the LTTE. This statement is a pointer to the Commission not to find any military personnel guilty of any violation of the rules of war or even the human rights of the victims of war.
Furthermore, the LLRC has no mandate to investigate into war crimes.
Another matter that needs to be remembered is that these Commissions do not place any obligation on the part of the President to make public the findings of any inquiry.
One cannot possibly leave this question ‘Who will protect them’ unanswered
Certain crimes, such as genocide, war crimes, crimes against humanity, torture, “disappearance” and extrajudicial executions, are so serious that they amount to an offence against the whole of humanity and therefore all states have a responsibility to bring those responsible to justice.
Evidence, in the form of leaked cables (via Wikileaks), has emerged to suggest that some of the major powers which were involved in the Sri Lankan peace-process were, at times, unwilling to appreciate the dangers posed by the LTTE.
Here the author must be referring to Norway. But the author misses the point that Norway was a peace broker. A peace broker cannot expect to vilify one side and still resolve a conflict. That is the real issue here – many Sinhalese nationalists are simply angry that Norway gave the LTTE a fair deal.
Yet, there is one final matter. While rejecting the calls for an international investigation, Sri Lanka should not, however, reject the importance of holding necessary domestic investigations and inquiries.
This will never happen if only because Gothabaya Rajapakse bears direct responsibility for numerous war crimes, for example, the intentional shelling of safe zones, the intentional shelling of hospitals, and giving orders to shoot surrendering LTTE.
There is simply too much nepotism in the country for any unbiased investigation to take place. Neither is there an independent judiciary or a witness protection protection. Only a no holes barred independent investigation will do the job; it is rather silly to imagine anything else will work.
Prof Heshan
“But the author misses the point that Norway was a peace broker. A peace broker cannot expect to vilify one side and still resolve a conflict.”
Not only was Norway a peace broker, but as the lead Scandinavian member of the SLMM it was also the chief peace monitor. As peace monitor, Norway most certainly was expected to vilify any side that did not adhere to the CFA.
Therefore you are quite apt to observe that Norway clearly had created a conflict of interest for itself by simultaneously assuming both roles. It could not carry out its role of peace monitor without undermining its position as peace broker. Hence it had to constrain its criticism of the LTTE for CFA violations.
*or a witness protection program
Yapa,
I do not understand your point or may be I misunderstood you.
You say that the cannibals ate human flesh and it was OK for them, I agree too, but does it mean that it is OK in our world today too?
I dint say that the LTTE bullets were tamed either? I am not arguing that the LTTE wasn’t violating the human rights? Definitely they did and it angers me the similar way either, but my intention is to ask does this allow others to violate the human rights too? The same way because the USA & UK did or do it in Iraq is it ok to do it in Sri Lanka too? The proposed investigation should cover up all the atrocities in this war, and necessarily from both sides? And would the GOSL accomplish this with the LLRC objectively? this is my question.
I am angry at the arrogance of the GoSL’s claim of “zero causality” and denying any investigation on this basis or the denial of a ethnic trouble in SL. Has there been any real numbers of the causalities during the last months of the war known or published from the claimers? So how can anybody so sure of zero causalities? And this denial does not make the presidents statement a truth.
If people close their eyes and deny to see the truth, it doesnot mean that the Truth does not exist!
Am I wrong in asking for any evidence that there are real intentions in eliminating the ethnic crisis in Sri Lanka? Not all the IDPs are settled in their villages yet but there are Sinhalese citizens coming to north with the promise of land from govt. ministers! Or only the Tamils being registered in Colombo by Police? Does this look like a willingness for an ethnic settlement in your eyes?
Yapa,
the statement in my first comment “Morality has no subjective value…” is a question of philosophy, I accept your argument. Morality at a given time is based on the generally accepted ethic principles (Cicero, Hegel) of our doings at this particular time (and to a certain extent surroundings) in this sense you are right. But in our present world, where the life is being defined by “almost” similar ethical values the moral is more of an objective perception. Like you ask me “the cannibals ate human flesh.. ” was OK at that time of course and was may be morally correct for them(subjective), but is it correct to stone to death some woman in the present Iran? Here it has no subjective value under the argument “this is under Sharia system” Because we precept an objective sense of morality in our present world, based on generally accepted ethic.
Dear Paradiselost;
I was intending not to write to the forum until 23rd as I am engaged in a very important work for me. However, you are persuading me to engage, by citing Philosophy, one of the subjects I have a great interest.
It is true that there are common elements in many moral systems of the world. However, the main reason for the chaos in the world is the differences prevailing in the moral systems. See, we think that it is never mind Tamils are discriminated and you think it is not incorrect to give some troubles to Sinhalese. This the nature of mankind, really of all beings, our thinking always mold on the basis of “self” and biased towards self. So it is very difficult to find an absolute and universal moral system due to values originated on our different “self”s. Self always act against such an exercise. Therefore the only way to at least to reach such a system, we must be a bit alienate from our “self” and must try to be indifferent to all “self”s. We must try to treat all “self”s alike. I must be able to treat others the way I treat myself. If this happens I think we all can find an absolute and universal moral system, which will allow all to live peacefully and happily. However, this is not the reality, in the average human behaviour and therefore, “self” must be controlled by law and educating and inculcating moral behaviour in our societies. We all must keep our self at least at hand’s length, if aspire for some acceptable common morality, at least to dilute our differences to live in peace in this country,as brothers.
If we continue the way we are doing today, you are to find my faults and I am to find your faults, we will never find a common ground and the only things remain will be your tail and my tail, still fighting with each other. Shall we fight?
Thanks!
Dear Yapa,
my reply is in noway meant to provoke you to indulge in a discussion as you have other business to do too. You have written in your reply “I must be able to treat others the way I treat myself” but I think a little different than you under this aspect. For me “I would try to treat the others in the same way I would like to be treated by others”, and the precondition for this is that I should be able to analyze my handling from a neutral point of view; i.e. taking into account of the general ethical principles or “moral”. The problem in all of us is “the self” take itself for more important than all others, you can call it selfish or egoistic and from this point of view I am not prepared to accept that at some point I “may” be wrong, it is again the basic for the objective analysis of “the self”.
And for me personally, as a Tamil, it is not right to kill any Tamil or to kill any Sinhalese for me it is killing of a human being and it is definitely wrong. And at the moment I do accept the killing of a human being without any indifference I have lost any objective morality, and personally I start losing my integrity. And onething I don’t intend to lose for any material profits.
For God’s sake let’s have some clarity:
1. How many wars which end in outright military victories, then give rise to investigations of the victors?
2. How many wars end without a subsequent investigation, and indeed with amnesty/indeminification agreements entered into?
3. How many domestic investigations occur within one or a few years of a war’s conclusion, and how many take decades (if at all)?
1. The Butenis Wikileaks confirms that the Sri Lankan Tamils do not consider ‘accountability’ a sine qua non for reconciliation. This is good news.
2. If the stark choice is between offering up our armed forces or its conduct for interventionist inquiries in the name of reconciliation, and running the risk of the deferment or the absence of reconciliation, which does one think the overwhelming bulk of the Sri Lankan citizenry will opt for?
Dayan:
“The Butenis Wikileaks confirms that the Sri Lankan Tamils do not consider ‘accountability’ a sine qua non for reconciliation. This is good news.”
The Wikileaks also mentions of the US Ambassador as stating that the top leadership, including the army leadership, is guilty of war crimes. With guns literally pointed at them, they (the SL Tamils) will even say MR is god. That is precisely the reason as to why the pressure has to come from the outside and as it does so now. To a reply for what I commented recently, someone mentioned that it is better to nod the head than to lose it. In the case of SL, how prophetic that is.
“If the stark choice is between offering up our armed forces or its conduct for interventionist inquiries in the name of reconciliation, and running the risk of the deferment or the absence of reconciliation, which does one think the overwhelming bulk of the Sri Lankan citizenry will opt for?”
What else has been the story from day one of independence? Tell something new Dayan. It is because that there is no sense at all that the Sinhalese (that you have conveniently mentioned as the majority) will agree to a reasonable reconciliation that the idea of a separate nation for the Tamils was floated. It now looks like that that is the only option. Quite frankly, the methods chosen by Prabhakaran are wrong but quietly that is the wish of the majority of the Tamils, including those Tamils whom you have mentioned as preferring reconciliation without accountability – a separate nation. After all if, as you claim, the Tamils have accepted such a notion (reconciliation without accountability), then why all those army camps and HSZs landscaping the North? This, in itself, blows your argument to shreds.
Jansee writes of “the idea of a separate nation for the Tamils … It now looks like that that is the only option”. Perhaps she lives in a time warp? What does she mean by “now looks like that is the only option”? What is she smoking? What does she think has been tried since the Vadukkodai resolution but peaceful and violent ways of exploring this “only option”? That’s an option that has been tried every which way and failed spectacularly. Sri Lanka has withstood decades of terrorism, an episode of external presence, significant diplomatic pressure, and fought back, prevailing over the “only option”.
If this is going to remain the mindset, I daresay that there will be a bipartisan consensus, reflective of a broad public opinion, that the Sri Lankan armed forces should not move a millimetre backwards from its present positions in the North and East. That may be the firm, non-negotiable conclusion that Jansee type Diasporic rhetoric and hostility drives future generations of Sri Lankans to. Way to go, Jansee girl!
Dayan:
“What does she mean by “now looks like that is the only option”? What is she smoking?
None actually. This is a regime that bluffed its way through from day one. Calling it a humanitarian operation, it butchered thousands of innocent civilians and locked them up in camps. It is as if you have found a new scientific innovation a la “Newton”. MR made promises after promises before the war and pray tell me what happened to all of them.
“If this is going to remain the mindset, I daresay that there will be a bipartisan consensus, reflective of a broad public opinion, that the Sri Lankan armed forces should not move a millimetre backwards from its present positions in the North and East. That may be the firm, non-negotiable conclusion that Jansee type Diasporic rhetoric and hostility drives future generations of Sri Lankans to”.
Dayan, even from the days of moderate approach by the Tamils, all it has faced is a deceitful and hostile Sinhalese majority. You are talking here as if that “broad public opinion” has been or would be any different now that the only option is being floated. It is only laughable to assume, even for argument sake, that if the Tamils denounce a separate nation, the army would immediately pack-up and leave and move miles away from its present positions. What do the Tamils in SL have now to even lift a finger against this regime?
This claim of “firm, non-negotiable conclusion” has always been there from day one since independence. Even the small concessions the Tamils got (and eventually lost because Prabhakaran did not know when to stop) was because of Prabhakaran because it became clear that the only language the Sinhalese would understand is what Prabhakaran believed in. It is definitely painful for a person who absolutely believes in non-violence to say this but that is the history that we have in front us. I sincerely believed that there would be a new dawn after the war and the regime of MR would keep its promises to usher SL into a new era but I don’t have to say it aloud at the continued deceit.
“That’s an option that has been tried every which way and failed spectacularly. Sri Lanka has withstood decades of terrorism, an episode of external presence, significant diplomatic pressure, and fought back, prevailing over the “only option”.
I have only one answer to that – only time will tell but if you and the SL regime believe that the aspirations of the Tamils will go away, then the more of escapes through back doors of airports, etc, etc would be continuing until there will only be one place to hide for these perpetrators – Sri Lanka. Even that, as the day goes by, cannot be sacrosanct and as I mentioned earlier – only time will tell.
As an individual I need a separate nation for myself to exercise my freedom.
Isn’t that a good idea for each individual of this country to have a separate nation for each person? I think it is an extension of “self determination” concept? Devolution of power to the bottom.
I think that is the best mode of government one can hope, why not go for that?
People can demand for fantasy worlds as far as they are well off in foreign countries and the fantasy in not a responsibility of them. This was the kind of demands that brought this country to misery. Tamils will soon say “say shut” up to these talkative girls who create non existing problems in this country.
Thanks!
David Blacker
“There most certainly is. But what we question is the fact that these so called cries are aimed only at the SL military and was never heard on behalf of the battered and butchered of Dresden, Hiroshima, Nagasaki, or My Lai. Why is it that there still is no cry for those in Fallujah, Guantanamo Bay, Abu Ghraib, or Kalai Jhangi? Why is there is no cry against the LTTE’s Multi-National Government for its atrocities in Batti, Dehiwela, the Dollar Farms, Arantalawa, and so many more? Why is it there are no cries for the dozens of Tamils aboard the Lion Air flight in ’93, whose murderers are represented amongst you? Why not start there and convince us of your justice?”
Quite a long shopping list? Dresden, Hiroshima, Nagasaki or My Lai. I did not know that you were screaming at the top of your voice for the victims of those tragedies? Were you even born then? Not that they are any less human, but you would not think of the same someone closer to home. May be it is true that the Sinhalese and Tamils are just pretending to be friends and that the animosity between them is sort of “eternal” and is going to be there “forever”. What then is the solution?
Let us be clear in one thing. Contrary to the often bleated notion, it was the Sinhalese majority that created the LTTE and Prabhakaran. To say that the Tamils should own up for this creation is, as usual, the pathetic argument of the Sinhalese regime.
When independence was sought from the British, the Sinhalese leaders had approached the Tamil leaders to co-operate with them is the spirit of brotherhood to approach and request for independence as the British were “sticky” with the independence notion if it had just been by the Sinhalese majority. This is the most grave innocent/ignorant mistake made by the then Tamil leadership. They should have stood their ground and insisted on leading their own aspirations. For this folly, the Tamils paid a heavy price with heavy losses of blood and life.
Even those mutual agreements that were entered into between the Tamil and Sinhalese leadership were not even once honoured by the Sinhalese regime, just like the misleading promises made by MR many times. The agreements were as deceitful as the Sinhalese leadership and they were written only to be dishonoured and torn to pieces by the Sinhalese leadership. Trusting the SL leadership was, and is, the greatest mistake that the Tamil leadership ever made. Look at the situation even after the war. What was boasted as a humanitarian operation just ended up in the Tamils being locked up as prisoners with guns pointed at them. Not in 2 years, not in 20 years and not in another 200 years will the Tamils trust the Sinhalese leadership. Give a good reason why should they?
You talk of the LTTE atrocities but long before that blatant and naked aggression and thuggery was used by the Sinhalese leadership to cow the peaceful and “non-aggression” approach by the Tamil leadership. Where were you then when the moderate Tamils were advocating approaches by peaceful means only to be treated with contempt and disdain. Lots of Tamils’ lives have been lost and blood shed long before even Prabhakaran and the LTTE entered the scene. You can go on and on in justifying that pathetic argument but it will make no sense and the charade that has become synonymous with the SL regime is slowly but surely facing the scrutiny as never before and will continue until the Tamils are treated with decency and dignity.
“Let us be clear in one thing. Contrary to the often bleated notion, it was the Sinhalese majority that created the LTTE and Prabhakaran. To say that the Tamils should own up for this creation is, as usual, the pathetic argument of the Sinhalese regime.”
Jansee, that’s not quite true. Certainly, the Sinhalese created the environment for VP, the Tigers, and the other militant groups to emerge and thrive. But to say that they created them is as absurd as saying that the western allies created Hitler and the Nazis via the Versailles Treaty. They did not. The fact is that the Tigers and other separatist groups chose to use terrorism as a path to achieve their goals, and the Tamils largely supported them in this choice. Just as the Sinhalese must acknowledge their faults, so must the Tamils. If neither side is willing to do so, then let’s forget about reconciliation and move on with rebuilding and getting on with our lives, and leave the reconciliation to future generations.
“When independence was sought from the British, the Sinhalese leaders had approached the Tamil leaders to co-operate with them is the spirit of brotherhood to approach and request for independence as the British were “sticky” with the independence notion if it had just been by the Sinhalese majority. This is the most grave innocent/ignorant mistake made by the then Tamil leadership. They should have stood their ground and insisted on leading their own aspirations. For this folly, the Tamils paid a heavy price with heavy losses of blood and life.”
What utter nonsense. SL independence was given to us on a platter. With Indian independence, ours was also guaranteed. Unlike India, Ceylon had been a docile and loyal subject through both world wars, and the British had already decided that they couldn’t give India freedom and not Ceylon. the only thing that could have prevented it would have been if the Ceylonese had requested to remain a colony. What was in fact stupid and shortsighted was the continued race politics that both Sinhalese and Tamil politicians played for short term power. What was even more stupid was for the Tamils to support the Tigers as they pigheadedly refused first to abide by the Indo-Lanka Accord in 1987, and then to accept Ranil Wickramasinghe’s federal solution. These two decisions of the LTTE caused the majority of bloodshed in the last 30 years.
“Look at the situation even after the war. What was boasted as a humanitarian operation just ended up in the Tamils being locked up as prisoners with guns pointed at them.”
Rubbish. The Tamils had to be kept confined until the last remnants of the LTTE were wiped out. Small Tiger units were being hunted down and killed even late in 2009 and into 2010. If the Tamil population was in situ, these terrorists would have blended in, disappeared, and recreated trouble. Meanwhile, arms caches had to be located, and areas had to be demined. Also, the infrastructure and housing had to be rebuilt. If the Tamils had simply been let loose, they would have starved, died of exposure, or been blown up in their fields. This has been a constant reality of wars. At the end of WW2, it took years for Germans to return to their home towns and cities, and even longer for POWs to be released.
“Not in 2 years, not in 20 years and not in another 200 years will the Tamils trust the Sinhalese leadership. Give a good reason why should they?”
The best reason I can give you is that if you don’t trust and cooperate with the Sinhalese, you will not be able to elect your own leaders; and without your own leaders you will not have control over your own destiny. In short, if you don’t cooperate, the Sinhalese will rule you. If you’re OK with that then sure, just sit in a corner and sulk. You think the Sinhalese give a shit about your whining? The Tamils have everything to gain by cooperating, and nothing further to lose. The choice is yours, as it was in 1987 and in 2003. I hope you choose wisely this time.
“You talk of the LTTE atrocities but long before that blatant and naked aggression and thuggery was used by the Sinhalese leadership to cow the peaceful and “non-aggression” approach by the Tamil leadership. Where were you then when the moderate Tamils were advocating approaches by peaceful means only to be treated with contempt and disdain.”
Well I was either a child back then, or not even born, so there was nothing I could do about it. But I can do many things now, and so can you. So why don’t we focus on those things instead of complaining bitterly about the past. No doubt great injustices were done to the Tamils throughout the period leading upto ’83; but you must put those aside for the good of the future Tamil generations. You must make that sacrifice and bear that pain so that they can have what you didn’t. That way, at least those young Tamils will look back at you and respect you for what you did, instead of cursing you as you curse the Tamil leaders of the past.
“Lots of Tamils’ lives have been lost and blood shed long before even Prabhakaran and the LTTE entered the scene. You can go on and on in justifying that pathetic argument but it will make no sense and the charade that has become synonymous with the SL regime is slowly but surely facing the scrutiny as never before and will continue until the Tamils are treated with decency and dignity.”
Relatively few Tamils were actually killed compared to those that were killed in the war, Jansee. The period between 1987 and 2009 are easily the bloodiest in SL Tamil history. I am not trying to justify anything; I’m telling you to be smart. World scrutiny is never guaranteed; it waxes and wanes with the whimsical media. Use your brains, or you’ll be another Tibet, doomed.
David,
Well said. Unfortunately, the Jansee’s and the Dunce’s of this world just can’t stop pontificating long enough to think of how they can contribute positively to uplifting SL Tamils or Sri Lankan society as a whole. Looks like their “master-plan” is to close their eyes and wish for more death and destruction on all of us. Jansee, you go girl! Dunce, try and keep up!
As peace monitor, Norway most certainly was expected to vilify any side that did not adhere to the CFA.
That is a contradiction of the whole notion of “peace.” By vilifying one party, you put them on the defensive. The point of diplomacy is not to give in to one side or the other – it is find a middle ground. Vilification does not serve this purpose at all.
Therefore you are quite apt to observe that Norway clearly had created a conflict of interest for itself by simultaneously assuming both roles. It could not carry out its role of peace monitor without undermining its position as peace broker. Hence it had to constrain its criticism of the LTTE for CFA violations.
There is no conflict of interest, since the purpose of a peace monitor is to point out violations, without passing actual judgment on the suspect party. For example, there are international peacekeepers who monitor the border between Israel and Lebanon. If Hamas or Israel acts up, however, these peacekeepers cannot do much except the report said incident.
Prof Heshan
“the purpose of a peace monitor is to point out violations, without passing actual judgment on the suspect party.”
The mere act of pointing out a violation constitutes a judgment. One has to arrive at a judgment before stating that a party committed a violation.
“Quite a long shopping list? Dresden, Hiroshima, Nagasaki or My Lai.”
The list of atrocities is as long as the military history of the world, I’m afraid.
“I did not know that you were screaming at the top of your voice for the victims of those tragedies? Were you even born then?”
I certainly was on this earth at the time of the My Lai investigation, but my point isn’t whether I was screaming for the victims, but that no one was. Why the specific selection of the GoSL? Why were you not screaming when the Tigers were killing Neelan Tiruchchelvam or Rajani Tiranagama or the Buddhist priests at Arantalawa or the Tamils on that Lion Air flight? Is it the guilt of your silence then that drives you to scream louder than ever now so that perhaps no one will notice how, like the centurion at Golgotha, you just stood and watched?
“May be it is true that the Sinhalese and Tamils are just pretending to be friends and that the animosity between them is sort of “eternal” and is going to be there “forever”. What then is the solution?”
The solution is to move forward; to accept that the past cannot be changed, and blaming each other is pointless. It’s time to rebuild, to help the NE Tamils to get back on their feet. What are you doing about that?
Dear David,
As long as there is NO justice done or an impartial investigation (pronounced neutral umpires) regarding civilians killed on both sides, there can be NO moving forward. The minorities need a ‘Truth & Reconciliation’ programme on the same lines as what they had in South Africa. UNTIL THEN there can be NO FORGIVING OR FORGETTING! Turning the other cheek maybe there in the bible but it rarely works in real life.
ps. Anything to say regarding the fact that the South Sudanese voted overwhelmingly to secede from North Sudan? Will you be willing to let the people in the North and East decide in a referendum if they want to be part of Sinhala Lanka or secede and form their own little country?
Have you ever heard of Pangaea? http://en.wikipedia.org/wiki/Pangaea even mother nature decided to break up into separate pieces millions of years ago. I assume you know how many NEW countries were formed after 1945? Remember the number of NEW countries formed after the break up of the communist states in in 1989? Remember Eritrea? Remember the Czech republic and the Slovak republic? East Timor?Kosovo?…and now South Sudan? You can NEVER stop change….and like someone once said, “If at first you don’t SECEDE, TRY and TRY AGAIN!
“As long as there is NO justice done or an impartial investigation (pronounced neutral umpires) regarding civilians killed on both sides, there can be NO moving forward.”
Perhaps there is no moving forward for you, Mr Dunce. But I’m afraid there are bigger things to be concerned about than your wants. I have already addressed this issue about why war crimes investigations are counterproductive. I can repeat it here once more if you have somehow missed it innumerable previous times. But I suspect that your’s, like Rear Admiral Heshan’s, is a case of Churchillian KBO (keep buggering on) regardless of inconvenient realities. To think that there is just one road to heaven is an absolutist convention that has destroyed the SL Tamils in the past, yet you still hold to it.
“The minorities need a ‘Truth & Reconciliation’ programme on the same lines as what they had in South Africa.”
Really? It wasn’t the minorities that wanted the Truth & Reconciliation board in South Africa; it was the majority blacks. Why don’t you actually find out a bit about the subject instead of parroting cliches you’ve picked up from TV? The T&R was suggested by the ANC as a way of getting the white regime to hand over power and step down; the T&R was basically a guarantee that war criminals appearing before it wouldn’t be prosecuted, removing the whites’ fear of what would happen to them if they gave up power. In other words, the T&R was part of the negotiation that ended the conflict, and was something both sides had to undertake if they were to achieve their goals. In spite of this, it was mostly the lower ranks that appeared before the board while the real policy makers went their ways. In SL, the war is over, and any T&R will be a voluntary one for no reason beyond satisfying a few idiots who seem to think that it will miraculously achieve reconciliation. How would you get anyone to appear before such a board here in SL? In South Africa, investigations into human rights violations and war crimes were to be undertaken by the victorious blacks against the defeated whites. Those found culpable would then be prosecuted. The T&R was a way for guilty whites to avoid investigation and subsequent prosecution by appearing before the board and confessing. Here in SL, there is no ability to compel anyone to be investigated. You really picked your pseudonym intuitively, didn’t you?
“UNTIL THEN there can be NO FORGIVING OR FORGETTING!”
Oh, cut the bullshit. What do you think this is, a movie? The Germans and Japanese jolly well forgave and forgot in the years after WW2. The Allies weren’t told “Ooh we’ll never forget or forgive or trust you ever ever ever if you don’t investigate your war crimes”. They got on with rebuilding their countries instead. Success is the best revenge, I say.
“Will you be willing to let the people in the North and East decide in a referendum if they want to be part of Sinhala Lanka or secede and form their own little country?”
No, I don’t think they have that right, especially given the Tamils’ appalling human rights record against Muslims and Sinhalese in the NE who would become minorities. Also, I disagree with the concept of racially pure nations; Hitler tried that and failed; Prabakharan tried it and failed; the Israelis are trying it now, and they’ll eventually fail too. I believe Sinhalese and Tamils in SL must learn to live together as equals. If you don’t want to be a Sri Lankan anymore, you’re free to live wherever you like, but you don’t get to take a piece of my country with you.
“Have you ever heard of Pangaea? http://en.wikipedia.org/wiki/Pangaea even mother nature decided to break up into separate pieces millions of years ago.”
Well over the last few thousand years, certain races migrated into the territories of other races and just decided to take that land as their own. Should we also do this since you seem to think we should follow history?
“I assume you know how many NEW countries were formed after 1945? Remember the number of NEW countries formed after the break up of the communist states in in 1989? Remember Eritrea? Remember the Czech republic and the Slovak republic? East Timor?Kosovo?…and now South Sudan?”
Under that logic, since there are more divorces today than there were a few decades ago, and since the Pereras, Gunapalas, and Sundaramoorthys are all getting divorced, divorce is good?
Change for the sake of change is a bit stupid.
“and like someone once said, “If at first you don’t SECEDE, TRY and TRY AGAIN!”
Be my guest. We beat you before, and we’ll beat you again. You’ll run out of Tamils before you get your secession, but I somehow doubt you’ll be there in the frontline fighting for it anymore than you were there the last time.
“If at first you don’t SECEDE try and try again”? What self-destructive garbage! I suppose one must expect that from a collective that produced mo0e suicide bombers than anyone else on the planet, and to so little purpose and achievement! Given that the attempts to SECEDE have resulted in a very clear demographic hollowing out, I’d say, please, by all means, go ahead, “try and try again”!
Did someone say South Sudan? So what about it? The South Sudan scenario came and went when we brushed aside the ISGA and the PTOMS. Unlike Khartoum, the Sri Lankan armed forces control every squre mile of the territory of the state. We are not going to let any damn referendum on secession take place –and nor is any state in South Asia, or all of Asia for that matter.
What do you mean no moving forward?
Sri Lanka is moving forward with or without the naysayers. Most Sri Lankans want to move forward and actually are without any investigation. If any group of Sri Lankans are not moving forward, they will end up being backward! Who is complaining? Certainly not the people moving forward! What a self destructive statement!
But I agree SL may end up as Sudan. People can now say who will hold a referendum, who will give into Diaspora, human rights demands, etc. But did any of these people see the ISGA or PTOMS coming? No. SL could overcome these easily in the immediate 9/11 aftermath. PTOMS was easier because no donor was willing to give money to the LTTE. They badly needed an intermediary (SL). But the effort to force a referendum in the north and the east is not over yet. It may become a reality in future.
The only way to avoid it even if it happens is to settle people of all races in the north. East will reject seperation at a referendum even today thanks to ethnic integration schemes of DS Senanayaka and others. We should do the same in the north.
Then hold any number of referenda and the verdict will be NO to seperation. Military means because democratic means failed? No problem.
Dr Dayan,
You cannot compare the inaction of IC actors during the LTTE and now. We could kick ISGA nonsense because it was the work of Tamils’ sole representative – LTTE. A banned terror group in most western countries. LTTE had no political wing capable of functioning independantly. Gave no assurance of democracy. In fact all the signals they sent out were against it. Things are different in the Tamil camps today.
Also the Chinese factor was not there then. Today it is beneficial to the west to split SL so that they can have a Kosovo, East Timor, etc. in an otherwise pro-Chinese region.
Powerhungry politicians may agree to hold a referendum for a few million bucks and/or a few hundred thousand votes.
The mere act of pointing out a violation constitutes a judgment. One has to arrive at a judgment before stating that a party committed a violation.
That does not make sense. Monitor = observe. Judgment is usually backed up by some kind of force (e.g. this is what a Court would do). Since the Norwegians could not actually use force, passing judgment would be rather useless.
Don’t be so idiotic, Heshan. To make a ruling on whether something is right or wrong is a judgement. It’s what judges, refs and umps do all the time. Force is only required to enforce the rules. [Edited out]
DJ,
We are not going to let any damn referendum on secession take place –
Do add the necessary qualifiers, else your assertion lacks context. You are not going to let any referendum on secession take place – where “secession” in this case ranges from devolution to complete independence – and you are going to do so at the expense of democracy. Terms limits on the Presidency have already been removed. Militarization and colonization of the North and East (although, to be fair, the East has already been colonized) tops the agenda for the next several decades. Basically, this anti-secession/anti-devolution business is an excellent excuse for the Center to strengthen itself until – that’s right, it becomes the equivalent of a dictatorship. Amazing that the price one pays for a little mythology (mythic Mahavamsa homeland of the Sinhala-Buddhists) is the (democratic) future of the island itself.
Dear Dunce
““If at first you don’t SECEDE, TRY and TRY AGAIN!”
Truly brilliant, visionary thinking. it is a shame that Blacker and Dayan cannot comprehend such nuanced analysis that can do so much for Sri Lanks.
The key challenge we have to address, dear Dunce, is how to convince poor, preferably low caste Tamil children in Sri Lanka to strap on bombs again while the real Eelamoids like you and me are hiding in the West. It is simply enthralling to hear you talk so courageously about the Eelam Struggle given how you yourself had abandoned Eelam and were too afraid to fight for it.
The Eelam Cause needs more Dunces to talk about seceding while waiting for someone else to actually deliver it.
Prof Heshan
“Judgment is usually backed up by some kind of force”
Ok, so in this case it wasn’t! My argument still stands.
If you prefer, the judgment was actually backed by the force of the SL military. Hence the LTTE is no more.
Heshan,
“You are not going to let any referendum on secession take place – where “secession” in this case ranges from devolution to complete independence”
I agree with this. It is not outright referendum. Matters leading to more autonomy plays a part too. Strange DJ didn’t get it.
“and you are going to do so at the expense of democracy.”
Now this is not true. Democracy does not require SL to share power, etc. Most people are happy without devolution which is democracy. This decentralisation/devolution drivel was imposed on SL in the most anti democratic draconian way.
“Militarization and colonization of the North and East (although, to be fair, the East has already been colonized) tops the agenda for the next several decades. Basically, this anti-secession/anti-devolution business is an excellent excuse for the Center to strengthen itself”
Yes. And you agree militarization and “colonization” of the NE is an anti-secession/anti-devolution business.
I agree with that too. In fact that is the best guarantee to stop secession/race based devolution.
“until – that’s right, it becomes the equivalent of a dictatorship.”
Again this bit is not true. Most people are happy with the anti-secession/anti-devolution business. So the country will be more democratic not a dictatorship. A centralised democracy as the mother of democracy was until recently.
BTW it is not Mahavamsa driven. Most SLs don’t know what the Mahavamsa says apart from a few stories. Even if Mahavamsa had sai there was a seperate Tamil nation in the island, people would still not want to allow secession because it is economically beneficial. Should 90% of the island’s population have only 65% of the land? No way! Should 90% of the population have only 35% of the coast? Absolutely not!
TT,
Most people are happy without devolution which is democracy.
I must disagree with the above hypothesis. Most people in the South may be satisfied with no devolution, but what about the people in the North? The only way to determine an objective answer is via a referendum.
Yes. And you agree militarization and “colonization” of the NE is an anti-secession/anti-devolution business.
There is a thing in economics called “human capital.” Keeping 40,000 uneducated soldiers in Jaffna is a great loss of human capital. These soldiers are not doing anything productive other than engaging in crime – in collusion with pro-government paramilitaries – as we all know from the recent crime spree in that area. The soldiers also create a high amount of congestion, which hinders the free market from doing its work. Having so many soldiers around in such a small space is not conducive for attracting investment, either. A little story for you – as soon as WWII was finished, thousands of American soldiers came home. What did the US Government do? It created something called the GI Bill to finance their college education. In other words, a way for soldiers to transition back to civilian life. This is good for society in general, because once again it increases the amount of human capital, thereby improving the quality of overall labor.