Shelling hospitals ‘packed with children, babies and the elderly’: Continuing leaks from the elusive UN report
Repost This Article
The Island newspaper continues to publish leaks from the report produced by the Panel appointed by the UN Secretary General to look into post-war accountability in Sri Lanka. Groundviews has covered in detail the Executive Summary and Parts 1 and 2 of the leaks. The Island published today Part 3, which focusses on the shelling of hospitals.
As before, we provide context and background information to frame these highlights. Please be warned that some of the following highlights are graphic in their descriptions, and make for difficult reading.
“Throughout the final stages of the war, virtually every hospital in the Vanni, whether permanent or makeshift, was hit by artillery. ”
“PTK hospital was packed with hundreds of injured civilians from the NFZ. More than 100 new patients were arriving each day, many from the NFZ. Many had severe or life-threatening injuries caused by artillery fire or burns. The casualties, many of them babies, young children and the elderly, were packed in every conceivable space – on beds, under tables, in hallways and outside in the driveway.”
“… in the week between 29 January and 4 February, PTK hospital was hit every day by MBRLs and other artillery, taking at least nine direct hits. A number of patients inside the hospital, most of them already injured, were killed, as were several staff members. Even the operating theatre was hit. Two ICRC international delegates were in the hospital when it was shelled on 4 February 2009. The shelling was coming from SLA positions.”
“The LTTE also fired mobile artillery from the vicinity of the hospital, but did not use the hospital for military purposes until after it was evacuated. Yet, in its eagerness to capture the area, the SLA repeatedly shelled the hospital and surrounding areas.”
“As the Government did not allow basic medical supplies into the Vanni, conditions in Putumattalan hospital were so poor that a large number of amputations were performed without anesthetic, using butcher knives rather than scalpels. Sanitary pads and cotton cloths were used as bandages, and intravenous drips were hung from the trees, with the severely-injured patients lying on the ground under them.”
“Some of the patients, including those with serious head injuries and other obvious fatal injuries, were merely made comfortable, but no attempt could be made to save them. With few beds available, wounded patients often remained in front of the hospital, some on mats and others lying on dust and gravel, under sheets set up for shelter, cradled by their loved ones or alone. With a severe shortage of gauze or other sterile bandages, old clothes or saris were used as bandages. No gloves were available, and the conditions were grossly unhygienic, giving rise to a high risk of infections. In this hospital, amputations were also performed with butcher knives, due to the lack of surgical equipment, and amputated limbs were collected in piles. On many occasions amputations were performed to save the life of the patient, as there was simply no other way to treat wounds. Due to the severe shortage of anesthetics, the little that remained was mixed with distilled water, but many amputations were performed without anesthesia. In spite of widespread malnutrition, some people continued to donate blood, but a general shortage of blood meant that a patient’s own blood was often used, caught in a plastic bag, to be filtered through a cloth and re-transfused back into the same patient.”
“In spite of many desperate telephone calls by the AGA and doctors to stop the shelling to allow them to ahttp://groundviews.org/wp-admin/post-new.phpttend to the wounded and dead, no reprieve was forthcoming from the SLA. After 14 May 2009, the doctors could no longer go to the hospital due to the intensity of the shelling, and it had to be closed. Dozens of patients who could not be moved were left behind. All survivors huddled together in rudimentary shelters. Cooking was impossible and leaving the shelter even for sanitary purposes meant risking one’s life. Some civilians tried to stage a mass breakout, but were shot at and shelled by the LTTE. Those who managed to escape were helped across by individual SLA soldiers.”
Shocking to say the least
Has this evidence been corroborated
Please advice
Trauma caused by Rajapaksa to Tamils can never be healed.
Two years after the end of war there is no concrete step taken to solve the problem faced by ethnic tamils expect giving interviews and flawed talk ‘going beyond 13th amendment’.
Amnesty International, Permanent People’s Tribunal, International Crisis Group, UN Human Rights Watch have repeatedly called for an independent enquiry into war crimes committed by Sri lanka.
Today UN experts panel advicing UNSG Ban Ki Moon on Sri Lanka, have called for International Independent Enquiry.
[Two ICRC international delegates were in the hospital when it was shelled on 4 February 2009. The shelling was coming from SLA positions.”]
LMAO. ICRC delegates EXACTLY knew the SLA artillery positions, which are kept secret and moved in the case of MBRLs.
[The LTTE also fired mobile artillery from the vicinity of the hospital, but did not use the hospital for military purposes until after it was evacuated]
Which is perfectly acceptable! SLA also should have kept their artillery near hospitals and then shelled LTTE areas,
I hate to be a pedant about this, but unless the ICRC delegates had some kind of portable artillery locating radar sets, how did they know that the shelling was from SLA artillery positions? Its possible that it was from a SLA firebase, but it could’ve been from a local LTTE position.
Here’s a typical artillery locating radar.
http://defense-update.com/images/ARTHUR_bv206.jpg
To be even more pedantic, this is quite useful to bear in mind when trading accusations about civilian casualties.
Key principles when facing civilian casualties during a military assault/conflict.
1. A military target remains a legitimate military target, even if it is located in a civilian area. The LTTE hid their mortars and heavy artillery amongst civilians to prevent the SL govt from legitimately destroying these units.
2. The use of civilians as shields to try to prevent attacks on military targets is prohibited. Further comment on this aspect of the LTTE’s strategy is futile.
3. “The presence of a protected person [i.e. civilian hostages] may not be used to render certain points or areas immune from military operations.“4th Geneva Convention, Article 28.
4. The armed forces are not liable where injury to civilians results from unavoidable collateral damage, provided it is proportionate to the military gain expected of the attack.
The military gain was the total destruction of the LTTE. A very necessary and laudable aim, no?
5. “Civilians do not enjoy absolute immunity. Their presence will not render military objects immune from attack for the mere reason that it is impossible to bombard them without causing injury to the non-combatants.“ Oppenheim’s ‘International Law’
Fact 1: The LTTE used the Wanni civilians as a shield to prevent attacks on their forces by SL govt forces. Yes or No? Yes.
Fact 2: The LTTE intermingled their fighting positions amongst the civilians in the ‘No Fire Zone’. Yes or No? Yes..
Great post, Mango!
Thambi,
There’s no doubt that the last few weeks in the NFZ must’ve been hell on earth for the trapped civilians, either risk being killed by SLA artillery fire directed at LTTE positions hidden amongst the civilian dwellings or at risk of being shot by the hardcore LTTE for trying to escape. The UTHR reports give a horrific analysis of this.
But given that the LTTE positioned the civilians to ensure maximum carnage and thus a halt to the SLA offensive, no-one has yet posited a realistic alternative to what the SLA did; i.e. keep going until the LTTE was destroyed.
On the other hand, this govt’s lazy, lackadaisical attitude to the post-war settlement has left it vulnerable to the charge that they’re not really interested in providing a solution.
I mean, just look at SL’s post-independence record of insurgency-related deaths.
JVP Uprising 1 (1970s) = 15,000 deaths
JVP Uprising 2 (1980s) = 40,000 deaths
LTTE Wars (1980s to 2009) = 100,000 deaths
Total = 155,000+ dead.
That’s a horrific figure for a small country, isn’t it?
Mango, There was a simple solution to the problems stated by you. To cease the war and come to the table! GOSL never did that because they wanted to wipe out as many civilians as possible UNDER THE PRETEXT of wiping out LTTE. If they were all UNAVOIDABLE collateral damage, why the HELL is SLA still camping out in Jaffna threatening the locals LONG AFTER THE LTTE is gone? Look at the history of Lanka – Tamils faced discrimination, riots, violence, torture, kidnappings , white vans for decades. And you still believe 2009 was all collateral damage?? You must be really naive!
To talk what?
It is a time wasting process with no result. Anyway we were not prepared for any compromise with the LTTE. There was wide public support for war and it was the only way peace was brought to SL. No suicide bombings, bus bombings, etc. today thanks to the military victory.
There is no need to stop the war just to save civilians. Civilians die in every war. But today civilians don’t die thanks to the war victory.
Dear Papaya,
“GOSL never did that because they wanted to wipe out as many civilians as possible UNDER THE PRETEXT of wiping out LTTE.”
If that is true, then aren’t you furious at all those LTTE supporters who were very excited for a return to war in 2005-6?
Thanks mango for pointing out the law.
“The LTTE also fired mobile artillery from the vicinity of the hospital, but did not use the hospital for military purposes until after it was evacuated.”
The hospital itself may not have been used for military purposes, but the vicinity was.
That is sufficient for any army to NEUTRALISE the threat coming from the vicinity of the hospital.
The rest are all STRICTLY within the law.
Tamil Elamists came to know of the Geneva Convention, etc. AFTER the war, but we knew them and USED THEM effectively all along. Killing by the law is not a crime.
Anway we cannot convince Tamil Elamists.
Their concern is NOT war crimes (because there were NONE committed by SLA. Civilian casualties were committed well within the law.). But their concern is how to make use of the war chimes BS to get Tamil Elam.
In future wars, GOSL should encourage the formation of counter LTTE terrorist groups that will use SAME tactics as LTTE in war.
I think the UNSG’s report’s could have more serious implications for the current govt than is presumed, and here’s the reason. How is it that Sudan which (like Sri Lanka & USA) is NOT a signatory to the ICC, nevertheless got indicted by the ICC?
…the answer lies in Article 13(b) of the Statute, which states that the ICC may exercise jurisdiction in respect of genocide, war crimes and crimes against humanity if:
“A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations;”
So, the ICC is not an independent judicial body, the jurisdiction of which states can choose to reject, as the US has done. On the contrary, its jurisdiction can be extended by the Security Council to apply to states that have chosen to reject its jurisdiction.
Of course, this cannot happen to veto-wielding members of the Security Council, who have chosen not to become a party to the Statute – since they can wield their veto to block any attempt by the Security Council to extend the ICC’s jurisdiction to their territory. So, China, Russia and the US, which have chosen to ratify the Statute, will never have ICC jurisdiction extended to their territories.
The best explanation I’ve read of how the whole thing works is here: http://www.david-morrison.org.uk/sudan/icc-sudan.htm
Everyone’s hoping that Russian & China will prevent matters getting that far, by using their veto. yet, Russia abandoned Serbia in face of Western pressure and China abandoned Sudan, also, to the ICC.
If anyone from GoSL reads GV, I suggest they translate the above URL and give to MR to read.
p.s. Russia, as a veto-wielding security council member will not face any problems over the way it solved the Chechnya problem. Certainly not from the EU which desperately needs Russia’s energy supplies to stay warm
Dear Mango,
Thanks for that very interesting post. Let’s hope this renewed pressure has a positive effect – stop this disgusting triumphalism and callousness from the likes of TT and his admirers who can only emit these thunderous roars thanks to the deaths and sacrifices of thousands – sacrifices which hopefully end up meaning a little bit more than what the self-congratulatory posts of some of these commentators suggest.
I for one hope this spurs on the hastened enactment of remedial measures and concessions that bring about positive change in inter-ethnic relations – there’a a reason why we fought a 30 year old war – and it’s certainly not as simple as killing some terrorists and calling it a day. Hopefully, this will provide a sufficiently rude wakeup call to those who would rather forget the need for more compassionate and meaningful measures, those who are essentially the symbiotic counter-part of the garden-variety Eelamist, living, breathing and believing alternate histories of their own creation – yes TT, I’m talking to you
I just hope this does not go into a negative death-spiral instead, further empowering this narcissistic nationalist frenzy, not to mention all the Weerawansa type jingoism, where we’ll eventually wake up to find ourselves in a North Korea of our own making, praising the great leader from dawn till dusk, with the entirety of our vision restricted to one simple statement – “defiant of the west”.
Ohoma yang?
This is ridiculous. Why doesn’t the UN officially release the full report? The findings in this excerpt are damning. SL must be held accountable if there is to be any prospect of peace. The lack of professionalism among Sri Lankans is a surprise to no one but much more is expected of the UN.
The Singhalese are going to walk us all right into the hands of Russia and China. India must be kicking itself.
The UN report has no legal force.
GOSL should stop making too much of a hue and cry over it. Undoubtedly the UN report rightfully increases the government’s popularity in the electorate because it shows its noble commitment to defend 20 million people from terrorism.
The UN panel report on Israel last year was much worse. It said war crimes have been committed! But that too lacked any legal force.
The most foolish thing SL can do is to panic (SKY IS FALLING!!) and give political solutions (RUN INTO THE FOX’S DEN!!). There is no need. The UN panel or the report has no legal force.
@TT
then why the GL says if the report is supposed to be released the UN system / reputation will be damaged? or meeting with all diplomats in Colombo or even Gota is meeting with the Russian ambassador to make a negative statement. If it is however flawed and biased and has no serious impact in Sri Lanka why are all these panic attacks and petition campaigns? on the other hand you seems to have more reliable information on how the war was on its last stages; why not start a campaign to uncover the truth? and save the MR govt. and Mother Lanka? You wont, because you are a typical nationalist and racist and the perfect mouthpiece of GoSL. You would be happy to have Sri Lanka without Tamils or other minorities. Not having facts but repeating what the govt. Propaganda want you to say. Don’t come up with Wikipedia links to explain the world? And don’t say things that what you assume as absolute TRUTH. Try to give peace a chance and try to become a human! And self analysis and accountability is a good start to become one!
Zorro, According to TT and his/her likes, Rajapaksa [edited out] is more legal than a UN report! Don’t you get it??
I think this news is relevant to the topic.
http://www.dailymirror.lk/news/10976-dont-complicate-reconciliation-process-russia.html
Thanks!
We think this news places Russia’s take in context.
http://www.ushmm.org/genocide/take_action/atrisk/region/chechnya-russia
Thanks!
What about this news?
http://www.israeltoday.co.il/NewsItem/tabid/178/nid/22756/Default.aspx
I think this one is more relevant.
http://www.dailynews.lk/2011/04/21/main_News.asp
Thanks!
Eh? You think the homepage of the Daily News is relevant? When was it ever?
Thanks!
I think this was the story yapa was trying to show:
Tigers killed 600 Tamils – Ex-TNA MP
http://www.dailynews.lk/2011/04/21/news01.asp
Yes, Thanks, wijayapala.
Those who live by the sword will die by the sword! One invincible son god went down, his enemy, the current sun god and his brood will also go down. It’s a nasty world. The only solution: get out of it!
Mango
A very good analytical view
Why don’t do you a separate article here in the GV ?
Thank you, Lakshan. I’m not a lawyer, so the GoSL should seek proper legal advice before embarking on any action. Hell, don’t they have an entire legal division?
After the Sri Lanka Repressive Regime crashed freedom of the media in its own country, it wants to crash Freedom of Speech worldwide !!!
UN Panel Report should not be made public: Stresses the SL Government
The Government of Sri Lanka thoroughly objects to the publication and acting on the recommendations of the report that has been produced by the Expert Panel appointed by the UN Secretary General, Ban Ki Moon, the Minister of External Affairs of Sri Lanka, Mr. G.L. Peris informed at a press briefing at the Ministry OF External Affairs.
The Sri Lankan Mission in New York has conveyed to UN that publishing of this report and implementing its recommendations will cause an irreparable damage to the sovereignty of Sri Lanka.
http://transcurrents.com/tc/2011/04/un_panel_report_should_not_be.html#more
There are a couple of things that both sides of this debate should remember:
1. Under the Geneva Conventions, a military force is under no obligation to desist from attacking civilian areas if there is a military necessity to it. They are only obliged to ensure that minimum casualties are caused to civilians.
2. The creation of the NFZs was a military tactic of the SL Armed Forces. When the Army was facing a vital area that they needed to capture, but which would result in heavy casualties to the attackers, the MoD declared it an NFZ. The Tigers were then faced with the choice of withdrawing from that area and allowing the Army to capture it, or continuing to fight from within it and risking international ire. A legit NFZ must be agreed upon by both sides.
The really significant legal claim made by the Panel is that the entire military campaign constitutes persecution of the population of the Vanni. Persecution has ever since Nuremberg been recognised as a crime against humanity. By framing the entire campaign as one big crime, the Panel has cast the net very wide. They describe the campaign as constituting many elements, including the downplaying of numbers of those trapped in LTTE controlled territory so as to deny them food and medical supplies. If you follow the Panel’s reasoning, downplaying numbers is suddenly a crime against humanity as well. That’s a really interesting way of expanding liability. On top of this, if you apply this really cool and new mode of liability known to international law called Joint Criminal Enterprise (JCE) the net becomes even wider. This isn’t going to stop with the military. It really is an international prosecutor’s dream. There literally are hundreds of suspects now, many of them diplomats and run of the mill bureaucrats. Fascinating stuff.
@Niran,
Any semi-competent govt lawyer should be able to destroy the ‘persecution of the [Vanni] population’ argument by pointing out that throughout the entire endgame saga food & medical supplies were being sent through, under UN/ICRC auspices.
If you want to see Gold Standard, Grade A ‘persecution of a population’ look no further than the UN’s own sanctions against Iraq in the 1990s.
“..In 1991 American representatives forcefully argued against permitting Iraq to import powdered milk on the grounds that it did not fulfil a humanitarian need. Later, the diplomats dutifully argued that an order for child vaccines, deemed ‘suspicious’ by weapons experts in Washington, should be denied.”
http://www.lrb.co.uk/v32/n14/andrew-cockburn/worth-it
If that isn’t collective punishment and persecution of an entire population, what is it? Tthis persecution was done with the full authority of the UN, supported by the US, UK & EU.
So, excuse me whilst I throw up at the mere mention of UN-sanctioned moral authority.
“The really significant legal claim made by the Panel is that the entire military campaign constitutes persecution of the population of the Vanni.”
Really? Can you quote me any portion of the report that says so?
Mango April 20, 2011 • 8:51 pm
You are twisting the facts here !!
Are the unarmed wounded civilians waiting for a Red Cross boats on the beach for evacuation were “unavoidable collateral damage” ?
The learned Mango is misleading the masses of this forum through his flimsy theories which many would not agree with. One such person I met the other day on the full moon day of April was a Tamil not from South Asia but from South East Asia. I affectionately call him Raja.
Mango often in his posts conveniently leave out simple historical facts like since 1948 both major Sinhalese parties are either together or took turns to marginalise the Tamils in SL. Sadly the Tamils did not have worldly wise leaders to lead them and all their leaders looked up only to India by underestimating the Sinhala Style democratic leaders of SL who are master disguisers or leaders without backbones.
International Justice System established after World War 2 is not allowing the atrocities Sri Lanka Army committed against unarmed Tamil Civilians . The UN and the whole world is moving towards accountability, transparency and proper justice. Your legal fabrications are not true. I will be anxiously watching SL from on the 1 st of May whether the Mango and other Propagandists there are prepared to send to gallows those who repeat Cyril Mathew acts. For my sadness all those who were responsible escaped gallows because of the justice system that prevails.
@SD:
Agree with your points entirely. As much as I despise the West’s posturing, moral grandstanding and utter hypocrisy in taking the moral high ground regarding SL, paradoxically, this UNSG report appears to be the only means left to prod the SL govt in do some meaningful post-war political action.
But, note how the ICC is a very blunt tool for ‘promoting reconciliation’ – the current phrase of the moment. In Uganda, it seems to have prolonged a conflict which made the Eelam Wars look like a sedate garden party.
“…, the Ugandan government requested the ICC to intervene and in July 2005 it issued warrants for 5 LRA leaders (Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen) on charges of war crimes and crimes against humanity. None of them has been arrested.
Later, when attempts to broker a political settlement got under way, the existence of these charges became stumbling blocks toward an agreement, the LRA leaders naturally insisting that the charges be dropped as a condition for entering into an agreement. The Ugandan government has asked the ICC to drop the charges so that an agreement can be made, but there is no provision in the Rome Statute to allow the ICC to drop them, understandably so.”
http://www.david-morrison.org.uk/sudan/icc-sudan.htm
I mean, wars aren’t fought purely for the sake of fighting (although the LTTE appeared to prove that point
. They’re fought with political goals in mind. So, where are the political goals and solutions ?
It seems that after the laudable, justifiable and necessary crushing of the LTTE, we’re back to business as usual in SL. Vut tu du, no?
p.s. I hope that I’m not ‘misleading the masses’ as alluded to by Meikandan.