The Sri Lankan President said last Saturday that no members of the Sri Lankan military would be charged for any crimes during the recent war with the opposition Tamil Tigers.  Amnesty International has been calling for an international investigation into violations of human rights and international humanitarian law, including war crimes, committed by both sides during the fighting.  (For background on this topic, please see our Sri Lanka page.)  The Sri Lankan government promised the U.N. last May that it would address the need for accountability for past abuses during the war.  The Sri Lankan government should live up to its promises to the U.N. and should facilitate an independent, international investigation now.

Human Rights Watch said something on Sri Lanka yesterday at the UN Human Rights Council that bears repeating:

“Additionally, the Council should establish an independent international investigation into violations of international humanitarian law during the fighting between the government and the LTTE.”

Amnesty International has been calling for such an investigation for some time.  Thousands of civilians were killed in the last stages of the fighting between the Sri Lankan government and the opposition Liberation Tigers of Tamil Eelam (LTTE).  Amnesty has received testimonies that both the Sri Lankan security forces and the LTTE were responsible for severe violations of international human rights and humanitarian law, including war crimes, during the fighting.  The Sri Lankan government had promised the UN in a joint statement in late May to investigate those violations, but since then nothing has been done by the Sri Lankan government to fulfill those promises.  Yesterday, a UN official said that the UN was concerned about the lack of progess on this issue, among others in Sri Lanka.  The UN should establish an international investigation now.

In an interview published today in The Nation, a Sri Lankan newspaper, Mahinda Samarasinghe, the Minister of Disaster Management and Human Rights, claimed that an international investigation into abuses committed by both sides during the recent fighting could destabilize Sri Lankan society.  In mid-May, the Sri Lankan government had announced that it had defeated the opposition Liberation Tigers of Tamil Eelam (LTTE), reconquering all the territory held by them and killing their leaders.  The LTTE had been fighting for an independent state for the Tamil minority in the north and east of the island for over 26 years.  Both sides committed gross human rights abuses during the course of the conflict.  Amnesty International has called for an international investigation into the abuses committed by both sides in recent months.

The Minister said in the interview:

The armed forces had to do what they had to do to eradicate the ruthless terrorist outfit and give a new lease of life within a democratic framework to the citizens.  In the process of doing that many thousands of lives had to be sacrificed.

In response to another question about the number of civilian casualties killed during the last stages of the war, the Minister said: 

No one knows really how many civilians were killed because of the complex nature of the conflict.  How do you distinguish between the appearance of a LTTE cadre and a civilian?  We know that LTTE cadres were not always wearing uniforms. . .  So to talk about numbers in respect of civilian casualty [sic], it is like walking on thin ice, no one can authoritatively support numbers and therefore it is best not to speculate.

It seems to me that the Minister is saying, in effect, that thousands of civilians may have been killed but it was necessary in order to defeat the LTTE, so let’s just forget the past and move on.  And without an investigation, we’ll never know how many of the dead were civilians or LTTE cadre but let’s not try to find out for fear of “destabilizing” the country.  How would the truth be “destabilizing”?  It could be if an investigation determined that the military committed war crimes but the government held no one to account for them.  Is this what the Minister has in mind – there will never be any accountability, so best not to expose what the military did toward the end of the war?  If this is indeed what the Sri Lankan government has in mind, the international community shouldn’t stand for it.  We need an international investigation now.