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Sri Lanka: Confronting the Killing Fields

[Independent.co.uk, Wednesday, 15 June 2011 11:31 No Comment]

115978643 Ban Ki-Moon has suggested that he can only establish an international investigation if the Sri Lankan government consents, It would be a sad day for the authority of the Secretary General if he could only authorise investigations approved by the government under scrutiny.

Far from the lenses of television cameras and the print of news headlines that typify war reporting today, tens of thousands of civilians – perhaps as many as 40,000 – were killed in the last terrible phase of fighting of Sri Lanka’s civil war between the brutal Liberation Tigers of Tamil Eelam and the Sri Lankan government.

No reporters were allowed near the war zone, blocked by the Sri Lankan Government in an attempt to hide the death and destruction from the world. But in this era of mobile phones and digital technology, hiding the truth is difficult.

Last night, Channel 4 exclusively aired a series of shocking insights into the events of those final bloody weeks of conflict in 2009, broadcast in the dark hours of the night, at 11pm, which seemed fitting. You can watch it again on 4OD, here.

A huge viewing audience saw the devastating scenes that seem to show Sri Lankan government troops executing prisoners.  The footage showed dead female Tamil Tigers who appear to have been raped and murdered and the cynical use by Tamil Tigers of civilians as a buffer against the Sri Lankan military. Viewers were also shown the shelling by Sri Lankan forces of crowded hospitals and civilian encampments in areas that the authorities ironically dubbed “no-fire zones”.

The images reveal hidden truths about crimes against humanity committed by both sides – both committed to victory at any cost and seemingly uncaring about the suffering of those whose fates they were fighting over.

The images also highlight the need for those responsible for war crimes and crimes against humanity to be held to account, to secure the stability that post conflict Sri Lanka so badly needs. It has been proven that acknowledging the truth is a first step towards reconciliation, so why should this be denied to the people of Sri Lanka?

A panel of three eminent international legal experts appointed by the UN Secretary General independently found credible allegations that war crimes and crimes against humanity were committed by both parties to the conflict from May to June 2009.  These findings corroborate Amnesty International’s own conclusions. But in the two years since fighting ended, no justice has been delivered. That may be about to change, and the international awareness generated by the ‘Killing Fields’ documentary could prove the tipping point.  An Early Day Motion was brought before the House of Commons, last Thursday. That is a start, if belated.

The UN Panel of Experts suggested that only an international accountability mechanism could investigate the serious allegations properly.  Such a mechanism is crucial to avoid a horrifically negative precedent for lawless behaviour worldwide, and to act as a neutral and independent body to bring out the truth that must be at the heart of genuine reconciliation.

The Sri Lankan government’s apologists have argued that civilian deaths in Sri Lanka were a necessary price to pay for the defeat of the Tamil Tigers – a group listed by many governments as a terrorist organisation – allowing for evidence implicating the Sri Lankan government in war crimes to be overlooked.

But the report of the UN Panel of Experts is public, as is the ‘Killing Fields’ documentary.

While China, Russia, Cuba, and Pakistan continue to support Sri Lanka’s demands for impunity, other influential governments are less inclined.

Neighbouring India, has demanded real moves toward reconciliation in Sri Lanka and notably, has not been swayed by the Sri Lankan global charm offensive. Similarly, the US has suggested it will not rule out international accountability. Many governments from the global South have also voiced disquiet about the emerging evidence of war crimes and crimes against humanity.

Ban Ki-Moon has suggested that he can only establish an international investigation if the Sri Lankan government consents, or through “a decision from Member States” through a forum such as the Human Rights Council or UN Security Council.

It would be a sad day for the authority of the Secretary General—and the implicit moral stature of his position if he could only authorize investigations approved by the government under scrutiny.

The UN and its member states need to act now to ensure that what happened in Sri Lanka is not overlooked and forgotten.

At Amnesty International we hope that ‘Sri Lanka’s Killing Fields’ awakens the public’s outrage and puts pressure on governments to support a genuine reconciliation in Sri Lanka.

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