*Investigation against Sri Lanka – then what?*

 It does look a bit odd that a UN existing since 1945 having done nothing
to put an end to 30 years of LTTE terror, suddenly gears into action under
the stewardship of the outgoing UN Human Rights head who is spearheading an
‘accountability’ exercise after the terror group has been vanquished. With
the leadership of the terror side eliminated the new ‘both sides to blame’
scenario does raise some eyebrows given the context of hypocrisy in
‘accountability’ that prevails by UN and its officials.


There are some things that we need to first make clear.


LTTE terror started out not because they were spurred by any grievance or
discrimination but because a neighboring country saw fit to take unemployed
Tamil youth and clandestinely train them as opposing groups on their soil
under the tutelage of former military personnel and instructed by their
intelligence personnel. Sufficient evidence clearly establishes that Tamil
armed groups emerged because they were trained, armed and financed by a
foreign nation. LTTE’s emergence is no different to the manner Islamic
groups are mushrooming into existence. Whether that connotes to mean
state-sponsored terrorism is for political pundits and the UN to answer.


These created monsters were tasked to carry out a guerilla warfare and that
lasted 3 decades. It is possibly with the assassination of Rajiv Gandhi
that LTTE changed hands to be under the charge of other forces and factors.


As far as victims are concerned, victims cannot be confined to a period and
victims must start with the LTTE’s first acts of terror. The UN has
conveniently omitted this from scope and a look at newspaper archives will
reveal UN and international community reaction to the villagers hacked and
killed by LTTE was nothing but lukewarm and nothing of the kind Sri Lanka
experienced with the likelihood of LTTE finally getting eliminated was in
the horizon. It is a pity that UN and its Panel, scores of humanitarian
organizations have conveniently omitted to include LTTE’s crimes committed
every day, every month that lasted for 3 decades which included suicide
attacks, bus bombs, bombs placed in civilian installations, assassinations,
killing of clergy, public servants and anyone that stood in their way. Even
foreigners had fallen victim to the LTTE.


Having done nothing to stop LTTE’s murderous ways for 3 decades isn’t it a
bit too late in the day for the UN to now want to investigate crimes and
seek accountability? The question is simple - what did the UN do about
LTTE’s killing spree?


It was after all an internationally proscribed terrorist entity and the UN
and foreign governments are well aware that the international rackets that
LTTE were involved in under stewardship of foreign passport holding
Diaspora elements continue unabated still. So what is this game about
holding LTTE accountable when it is obvious that with the leadership now no
more it becomes a very tedious and unnecessary exercise if there is and was
no sincerity about holding every person who was part of the LTTE at some
time or other and that list includes even leaders of foreign nations that
were molly coddling the LTTE over the years. If that reality and the fact
that these personages are to be omitted and their names unlikely to come
out and be investigated there is hardly any reason to bring out only half
of those responsible.


In the same manner in describing Sri Lanka’s conflict as an armed conflict
the arguments that are being brought forward to project the Sri Lankan
troops as intentionally killing is not only unwarranted they do not hold
water. No one making the accusations can give reasons to why the military
saved close to 300,000 Tamils at the cost of over 2500 soldier lives and
delaying the inevitable military victory. The simple logic is that had the
military intended to kill or were even ordered to kill they would not have
waited 5 months to finish off the operation, nor delayed even until India
held its domestic elections or even braved landmines and other booby traps
to save 300,000 Tamils, nor would they have kept alive close to 12,000 LTTE
cadres who had surrendered when they could have easily bumped them off
‘deliberately’ too. Therefore, with these live examples at hand the ghost
estimates being thrown from different sources who are being kept secret and
not disclosed raises the question of ‘authenticity’ and ‘credibility’.


Now that 5 years have elapsed and people are going on with their lives and
the Government has visibly shown the people of the North, East and in other
parts of the country development of a kind that the people had not seen in
previous years, we really must wonder what all this accountability fad is
about.


The accusation of militarization is a key component of complaint by Navi
Pillay and a host of others. What have they done about LTTErization of the
North in taking over lands and property of Tamils over the period they
ruled? Have Tamils been given back these properties or are they too scared
to ask them back? Does the UN know how much of lands the LTTE and their
families have confiscated over 3 decades? Why have these aspects not become
a topic of discussion EVER?


Why did UN agencies stationed in the North not do anything to stop children
being kidnapped and trained as cadres when these children were moving
around them with gun in hand?


Why were UN, its agencies, INGOs/NGOs silent throughout the time LTTE ran
its defacto rule with own courts, own police, own currency, own banks, own
laws and regulations etc – did these not include deliberate killings, extra
judicial killings, take over of land and property, extortion, intimidation
and was there any freedom for the Tamil people?


Moreover, in comparison to the manner the military interventions have taken
place with lies, distortions and fake reports as well as total disregard
for international laws by US and NATO nations - the UN or Navi Pillai is
doing NOTHING to call for accountability, it is simply showcasing the UN as
being biased, lacking credibility and proper work ethics.


In terms of victims why have ALL the victims of LTTE atrocities not been
given due justice?


In terms of terror why has the entire period of LTTE terror not been taken
to account?


Nevertheless, as a nation we are well aware that LTTE functioned with the
blessings of not just nations but very powerful external factors. How else
would they explain why LTTE prevailed for 3 decades for none of the Western
nations went after the LTTE as they are supposedly going after the Al
Qaeda, ISIS or other Islamic militant groups. We are also aware that LTTE
fronts continue to enjoy external support and they are being used for
political mileage.


We are next aware that with the hypocrisies with which the UN, the
international community and even our own politicians function people just
want to get on with their lives. None of the dead are going to come alive
by simply having a tribunal and claiming LTTE was the perpetrator. We all
know what the LTTE did. We do not need a 3 member UN panel to tell us in a
report that will be based on what suits them to tell us what LTTE did. We
know LTTE brutality very well.


We also know that there would have been collateral damage inspite of a very
honorable quest to conduct operations with zero casualty. It is that policy
that rescued close to 300,000 Tamils, ensured close to 12.000 LTTE cadres
remained alive and delayed the inevitable defeat of the LTTE. The army did
not have to go this length to do what it did and therefore it is totally
out of line to be hounding an army with ghost estimates of people accused
of being dead when they cannot even give a name, a date of birth or even
find skeletal remains of these supposed 40,000 or even 125,000 people. Let
us also remember that the GOSL had to only provide ACCESS to humanitarian
aid and NOT AID itself!


We the public are well aware that there would have been deaths, the army
was not dealing with a conventional military. The LTTE were brutal
terrorists who have not signed, ratified or cared to follow international
laws except to demand that these laws be applied to save them. Had the LTTE
taken the upper hand not a single military soldier would have been spared
and evidence is available in the manner that LTTE cut off supplies to
several camps in the past and these soldiers met a very tragic inhuman
death. So, yes people would have died but people were also saved and these
saved people were not just a handful but ran into almost 300,000 and this
is no small number to have been saved within just a short number of days
amidst firepower.


So what exactly are these investigations attempting to do? Declare ‘both
parties’ as guilty, then what? We have moved on as a nation. None of the
dead are going to come alive. We are all more concerned about the present
and ensuring that the future does not bring out more people like LTTE.
Therefore, if the UN and these investigators are concerned at all they need
to first list out and expose all the people who had been part of the LTTE
in some way or the other. These people have every potential to create other
militant movements and lobby with them, they are also serial killers in so
far as accepting money and being tied to the LTTE nexus.


We are totally fed up with these commissions because they are all set up
with different agendas. Collateral damage have gone ignored in all of the
illegal military interventions taking place infront of the UN and its Human
Rights head. Sri Lanka’s was a legitimate army taking on an illegal and
internationally proscribed terrorist entity. The military option qualifies
for a just war determined by the failures in peace talks, negotiations,
ceasefires and foreign mediation held over 3 decades. The UN is well aware
that the LTTE listened to no one even the UN Secretary General. Appeals to
release civilians fell on deaf ears and we do not need a panel to tell us
that there would be no civilian hostages or human shields had the LTTE
released the civilians when they were asked to. Moreover, the UN or the UN
panel is challenged to let us know exactly how many of these civilians were
involved in combat either voluntarily or by force. While this question
remains unanswered we are prepared to keep this an open question if there
are no bombs, there are no assassinations and there is no likelihood of
another 3 decades to haunt us.


Therefore, in our eyes we cannot see why the UN and the outgoing human
rights head should waste such time, colossal amounts of funds to end up
saying ‘both sides’ are to be held accountable. Then what is the next step,
LTTE leader is dead so LTTE is guilty by paper only. What about the Sri
Lankan Government – the President, the armed forces commanders, the defense
secretary and all line commanders are to be held accountable. Then what –
is the next step to declare that they be arrested? We feel that this is
going a bit too far and out of scope. The investigation covering ongoing
events self-mandated by the Panel is to showcase as excuse to portray a
fearful gruesome scenario in Sri Lanka, the same paid NGOs enjoying
millions of disbursement are ever ready to issue local reports portraying
the version that the UN panelists want to hear. These versions though given
maximum publicity do not even create a ripple.


There is more to the investigation than meets the eye. Is Sri Lanka’s case
being used as a testing point to create precedents, for surely the
President of Sri Lanka and all others that are attempted to be implicated
for war crimes do not pose any international threat. So we continue to
question, what is this panel investigation all about and what mischief is
the UN and its heads upto?




*Shenali D Waduge*

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