Features
Cambridge, bar exams and return to Ceylon
by Nimal Wikramanayake
I went up to Cambridge early in October 1955 full of confidence and hope, but unfortunately my hopes were dashed to the ground shortly thereafter. In my first tutorial I was required in my Legal History class to write a tutorial on clause 39 of the Magna Carta -the clause which required “that no man shall be tried except by his peers” This reference, of course, was to the Barons and to no one else. I wrote a forty-page tutorial of which I was enormously proud. The result: I received an “A” while two other students received “A+” In my next tutorial in Roman Law, the same thing happened. The same two students bested me. I was devastated.
I lost all interest in my studies. Why, you may ask. You might find my reaction strange. I desperately needed my father’s approval, which I had never received. According to my father, who had been a first-class student, one was required to come first in everything one did. Nothing else was sufficient. (Many, many years later I learned that Kerry Packer and Tony Greig, the famous English cricketer, desperately sought their fathers’ approval, which they never received. I suffered the same fate.)
The upshot of this was that I stopped going to lectures and spent the next two and a half years playing poker and partying. These poker games were a spectacle to behold; it was a game of no-limit draw poker. I will give you an example of this game. On one occasion we started playing poker on a Friday evening and continued right through the night until Saturday afternoon. At this stage I was down 200 pounds. How was I to pay this when my allowance was only 50 pounds with which, in addition, I had to pay my college bills? We decided to take a short break from the game and went to the cinema.
The film was Love in the Afternoon with Gary Cooper and Audrey Hepburn. After watching the film, we returned to the game and finished playing on Sunday morning. I was finally up two pounds.I returned to my rooms in college and fell asleep. When my girlfriend, whom I later married, woke me up in the evening, I told her that I had four aces.
Prejudice in action
It was now March 1958 and I suddenly realised that I was in serious trouble. I had intended to go down to London and sit for the English barristers’ exams (the Bar exams) when I finished up at Cambridge in order to practise later on in Ceylon as an advocate.
The Bar exams came in two parts. I had to get a Second-Class in my law degree to be exempted from part I of the Bar exams. I went and saw Michael “Mickey” Dias, the greatest Ceylonese academic who was then the editor of Clerk and Lindsell on Torts. Mickey had taken six starred first classes at Cambridge; two in classics, three in the Law Tripos and one in the LLB, and had come first in his six years of study at Cambridge. In order to get a starred first one had to obtain an aggregate mark of over 80 per cent in every subject.
Mickey had initially studied classics and after that changed to Law. He got his LLB and LLM, as he came from one of the great legal families in Ceylon. Michael’s father R F Dias was a Supreme Court judge in Ceylon. Unfortunately, racism reared its ugly head at Cambridge; Mickey could not get a post there and ended up as a lecturer at Nottingham University. However, he later obtained a lectureship at Magdalene College (pronounced “Maudlane”) Cambridge. He was a lecturer in torts for over 40 years, but he never got a professorship.
I went to see Mickey and he said, “It’s quite simple. Take your six textbooks and read each subject for half an hour in the morning, half an hour in the evening and half an hour at night” I followed his advice for two and a half months and got a Second-Class.When I returned to Ceylon in 1959, my master, Kingsley Herat, used to read textbooks like novels. He taught me how to read legal textbooks. All you had to do was pick the book up and read it.
The Bar examination
My next task was to pass the barristers’ final examination which was being held two months later in September 1958. This exam had eleven subjects, eight of which were new to me, but I decided to sit for it. I came a cropper in “Equity”, the subject in which I was to become an expert many years later. I received a Conditional Pass in Equity which meant I had to sit for this subject again at the end of November. I sat for this subject and, cocky little bastard that I was, I left for Ceylon with my Italian wife, Anna Maria, shortly afterwards. I passed and was called to the Bar in absentia in England on February 12, 1959 – 63 years ago. This meant that I was not present when the young men and women were admitted to the English Bar.
When we got to Ceylon, Anna Maria was “horrified” at the indolent life we lived. She would find toothpaste on her toothbrush in the bathroom when she awoke in the morning. Whenever I had a drink at my father’s home, the drinks trolley would be rolled out on the front verandah for me. I did not need to pour my drinks out for I would ring the bell and the servant would come and do this little job for me which I could quite easily have done for myself. Was there some racism in my own attitude towards our coloured servants, I wonder?
My wife, the white woman
Anna Maria, who is Italian, came from a little town called Asolo in the district of Veneto in the north of Italy. During our time in Ceylon, she occasionally had to endure slights and insults, which she did with considerable dignity. In Ceylon in the 1950s, racial prejudice worked against white women who had married Sinhalese and Tamil men. Before I went to England my father had told me that I should not marry a white woman as she would meet with hostility and prejudice in Ceylon. He told me that a friend of his called Rajasingham had married a French girl and brought her back to Ceylon As a young lawyer he had to live with his parents because he had no work and no money. His mother detested his wife and used to make blistering hot curries for her and treat her badly. The wife finally went back to Paris after few years. This was not an isolated case.
It also happened to a very dear friend of mine who grew up with me – the late Vernon de Silva. Vernon went off to England in the 1960s and qualified as a medical specialist – a physician. He married a delightful English girl but his mother refused to acknowledge her and Vernon could not take her back to Sri Lanka. He had to settle in Australia.Fortunately, the people in Sri Lanka are more civilised today and many Sri Lankan-born men and women have married Europeans and Australians.
I remember one occasion in 1959 when we were invited to the wedding of a friend of mine, Chandra Seneviratne. His parents were extremely wealthy, and the wedding was held in their luxurious home in Rosemead Place, Colombo 7. It was customary at Sinhalese weddings for the women to congregate together inside the houses whilst the men regaled themselves in the large expansive gardens outside. I took Anna Maria into the house so that she could mingle with the women.
The wives of several friends of mine were gathered in one of the ante rooms so I took her in and introduced her to the ladies who were present. I asked one of the ladies to look after Anna Maria. I then went out onto the spacious lawn and joined my friends. Fifteen minutes later, Anna Maria came hurrying out and joined me. She was quite distraught. I asked her what had happened; and she told me that the ladies had kept conversing in Sinhalese and had deliberately gone out of their way to snub her. That was the last time I associated with these friends.
The early days
I was called to the Bar in Ceylon on October 12, 1959. It was a glorious day – I received numerous briefs from Dad’s proctors because Dad was at the height of his powers. I thought, what a wonderful profession. But unfortunately this was not to last.
The prime minister SWRD Bandaranaike had been shot a few weeks before I was admitted to practice. Shortly afterwards, the Chief Priest of the Kelaniya Temple, Buddharakkita Thero, and several others were charged with his murder. Earlier in the year, Dad had appeared for Dr Lenora, a physician and politician, in a defamation case against Mrs Vimala Wijewardene, then Minister of Local Government and a friend of the Chief Priest. Dad was successful and Dr Lenora was awarded Rs 100,000 ($20,000), which was a princely sum in 1959. The Chief Priest was so impressed that he wanted Dad to appear for him. Dad refused, as he had not done a criminal case since the early days.
Truth and justice
When a law student goes to law school, young and enthusiastic and full of hope, all he or she is interested in is truth and justice. My readers will probably think me a nasty old cynic when I say that it is not an absolute rule that truth and justice exist in legal proceedings. Many strange and unusual events can occur in a case which have nothing to do with truth and justice. I will give you a classic example to back up my statement, although one could argue that this case is an aberration.
Shortly after I was admitted to the Ceylon Bar, I was retained as junior counsel in a seduction case. In Ceylon, in the late 1950s – if I might put it rather indelicately – the goods were returned if they were spoiled. In the villages, the sheets were required to be hung out after the wedding night, just as in villages in Italy. The action for seduction comes from Roman law and from there it was introduced into Roman-Dutch law. The action is brought for “defloration of a virgo intacta” or the deflowering of a virgin. It was introduced into Roman Law by Justinian over 1,500 years ago when virginity was seen as a precious commodity. The Dutch ruled a small portion of the country from Colombo to Galle, including the town of Colombo, and introduced Roman-Dutch law into the country. Seduction, however, has a completely different meaning today. Our client was being sued not only for seduction, but for paternity, for giving the poor woman a baby.
The client turned up at my leader’s chambers for a conference and brought the record keeper of the army with him. The record keeper brought along the attendance register of the army which disclosed that our client was 200 miles away in an army camp in Jaffna for well over a year when the alleged incident took place, and could not have been in Colombo as alleged by the woman.
Months later, the lady attended court with her little son on the day judgment was to be delivered. He was the spitting image of our client. The result, however, was a foregone conclusion as the record keeper’s evidence was accepted and the lady’s action was dismissed.When we came out of court after judgment had been delivered, my leader Neville Samarakoon turned to the client and said to him, “That’s your child.’
The client replied, “Yes, it is, you see the record keeper is my best friend. He signed me up as being present in the barracks in Jaffna when I was having intercourse with the woman in Colombo 200 miles away. And this happened on most weekends for quite some time”
I was devastated. This was dreadful! I felt shattered. There was no such thing as truth and justice. I returned home mortified. I decided to leave the legal profession. I told Anna Maria that I was leaving the Bar immediately. After a few days, however, I calmed down and decided to carry on regardless. I became a cynical old man eventually.
The lean years
When I went to the Bar, my father was chairman of one of the big industrial companies in the country, the Associated Motorways Group, and in addition, chairman of the Free Lanka Insurance Company, the second largest Ceylonese insurance company in Ceylon. He sent a directive to the various officers of these companies that under no circumstances was I to be briefed by them in court proceedings. Dad wanted me to make my name without any help from him. Further, when proctors briefed him in a case, they would ask him whether he wanted me to be briefed as his junior. He would tell them that it was up to them to decide whether I was good enough to be briefed in the matter. So I was never briefed as my father’s junior in my early years at the Ceylon Bar as I was completely inexperienced as a barrister/advocate.
At that point in time there were three Queen’s Counsel who were pushing their sons extremely hard.In addition, I had married outside not only my caste but outside my race, which was frowned on at the time. I was shattered by his attitude, which was inexplicable to me. I now realise that his behaviour conditioned me for the extremely hard times I was to endure later on in Australia.
Although my early years at the Bar in Ceylon were extremely difficult, it was having to endure the buffets of fate with equanimity later in an extremely prosperous environment that was soul-destroying.
Anna Maria, my heroine
My dear wife was extremely supportive in those early years between 1959 and 1965 as briefs were few and far between. Life was a tremendous struggle without any help from my parents. An advocate or barrister who goes to the Bar without private means or legal contacts faces a perilous existence in his early years.
In 1963, as I was struggling to exist, I applied for a job with the Legal Department of the Employers Federation. This was a large organization which acted in disputes between commercial companies and their employees. I heard nothing from the company about my job application. Several months later, I met the chief legal officer, Lyn Wirasekera, who was a friend of Dad’s and enquired from him why I had not been called for an interview. He looked at me strangely and remarked that he had sent me a telegram calling me for an interview but I had not turned up.
It transpired that Anna Maria had destroyed the telegram. When I asked her why she had done that, she said she knew I had set my heart on being an advocate of the Supreme Court, that that was my destiny and I did not need to work for the Employers Federation.
As things did not improve during the following year, I applied for employment at the Estate Employers Federation as a legal officer. This was an organization formed by the plantation companies to act for them in legal disputes they had with their employees. The same thing happened again. I received a telegram calling me for an interview for a job. My wife again destroyed the telegram without my knowledge, so thanks to my dear wife I was destined to reach the top of the Junior Bar in Ceylon by 1968.
Humour the bastards
While I was reading in 19601 would go into court with my master, Neville Samarakoon. Whenever a judge said something remotely funny and looked about for approval, my master would fall into paroxysms of laughter. I later asked him why he was laughing when there was nothing funny in what the judge had said. His reply was, “Nimal, you must always kowtow to those stupid bastards. Humour the bastards and they will think you are a great bloke.”
Many years later at the Ceylon Bar there was a judge, S S Kulatileke, who fancied himself to be a comedian. He would often declaim what he considered to be a humorous remark and then turn from side to side looking for approval. I remember on one occasion he was doing a criminal case, and when the case was for hearing he shouted, “Call the robbers!” and started laughing, looking around. I decided that here was my opportunity to test my master’s theory. I burst out into raucous laughter. I positioned myself at a point where he would turn his face and each time I would burst into paroxysms of laughter at his witticisms. As a result, Kulatileke thought I was what the Italians call simpatico. Judge Kulatileke was very fond of me and, surprisingly, I never lost a case before him. Although my advocacy may have contributed in some measure to my success, I would advise all junior barristers to “Humour the bastards!”
In 1968,1 won an interesting case before Judge Kulatileke which also reinforced my belief that it is doubtful whether truth and justice exist in law courts. This was a landlord and tenant case. It was a most unusual case, for most of the properties in Colombo came under the Rent Control Act. The tenant could only lose his or her tenancy if the premises were reasonably required for the landlord’s use and occupation, or if the tenant surrendered the premises to the landlord. The likelihood of the tenant surrendering possession of the property was not only extremely rare but well-nigh impossible. In this case, it appeared that the tenant had delivered a written notice of surrender to my client, the landlord.
I opened my case and called the client. He gave his evidence about the surrender then Mr AK Premadasa got up to cross-examine my client. Premadasa was the leader in the Landlord and Tenant Jurisdiction. He subpoenaed my client to produce all the rent receipts over a period of some 36 months. The client was only able to produce 35; one rent receipt was missing. A peculiar feature of the rent receipts was disclosed – some of them were signed by the tenant at the bottom of the page. They were on A4 foolscap paper, not in a normal receipt book. Premadasa suggested to my client that he had torn off the thirty-sixth receipt and typed in this surrender letter above the tenant’s signature.
I reminded Judge Kulatileke that Premadasa was the acknowledged leader of the Landlord and Tenant Jurisdiction and that he was noted for his guile. It was an interesting theory that he had formulated, and because he was the leader of the Tenancy Bar he expected the judge to accept this ridiculous theory of his. I asked why anyone would resort to such a subterfuge. I argued that the defendant had decided to surrender his premises and then had had a change of heart. The receipt was ample proof of his behaviour. The judge accepted my submissions and I was successful.
Some members of the general public are under the misapprehension that lawyers are liars. Most of us certainly are not. We have to put our client’s story across. Occasionally my client comes with a story which would put Baron Munchausen to shame, but I have to put it across. That is what I am paid to do, although occasionally I have some doubts about its authenticity.When we came out of court I told my client that maybe Premadasa was right. My client then admitted he had indeed torn off the receipt and typed in the surrender in place of the receipt.
So much for truth and justice.
(To be continued)
(Excerpted from A Life In The Law – A Memoir)
Features
A World Order in Crisis: War, Power, and Resistance
Article 2(4) of the United Nations Charter prohibits member states from using threats or force against the territorial integrity or political independence of any state. Violating international law, the United States and Israel attacked Iran on February 28, 2026. The ostensible reason for this unprovoked aggression was to prevent Iran from developing a nuclear weapon.
The United States is the first and only country to have used nuclear weapons in war, against Japan in August 1945. Some officials in Israel have threatened to use a “doomsday weapon” against Gaza. On March 14, David Sacks, billionaire venture capitalist and AI and crypto czar in the Trump administration, warned that Israel may resort to nuclear weapons as its war with Iran spirals out of control and the country faces “destruction.”
Although for decades Iran’s Supreme Leader, Ali Khamenei, opposed nuclear weapons on religious grounds, in the face of current existential threats it is likely that Iran will pursue their development. On March 22, the head of the WHO warned of possible nuclear risks after nuclear facilities in both Iran and Israel were attacked. Indeed, will the current war in the Middle East continue for months or years, or end sooner with the possible use of a nuclear weapon by Israel or the United States?
Widening Destruction
Apart from the threat of nuclear conflagration—and what many analysts consider an impending ground invasion by American troops—extensive attacks using bombs, missiles, and drones are continuing apace, causing massive loss of life and destruction of resources and infrastructure. US–Israel airstrikes have killed Ayatollah Ali Khamenei and top Iranian officials. Countless civilians have died, including some 150 girls in a primary school in Minab, in what UNESCO has called a “grave violation of humanitarian law.” Moreover, the targeting of desalination plants by both sides could severely disrupt water supplies across desert regions.
Iran’s retaliatory attacks on United States military bases in Persian Gulf countries have disrupted global air travel. Even more significantly, Iran’s closure of the Strait of Hormuz—the critical maritime energy chokepoint through which 20% of global oil and liquefied natural gas pass daily—has blocked the flow of energy supplies and goods, posing a severe threat to the fossil fuel–driven global economy. A global economic crisis is emerging, with soaring oil prices, power shortages, inflation, loss of livelihoods, and deep uncertainty over food security and survival.
The inconsistent application of international law, along with structural limitations of the United Nations, erodes trust in global governance and the moral authority of Western powers and multilateral institutions. Resolution 2817 (2026), adopted by the UN Security Council on March 12, condemns Iran’s “egregious attacks” against its neighbours without any condemnation of US–Israeli actions—an imbalance that underscores this concern.
The current crisis is exposing fault lines in the neo-colonial political, economic, and moral order that has been in place since the Second World War. Iran’s defiance poses a significant challenge to longstanding patterns of intervention and regime-change agendas pursued by the United States and its allies in the Global South. The difficulty the United States faces in rallying NATO and other allies also reflects a notable geopolitical shift. Meanwhile, the expansion of yuan-based oil trade and alternative financial settlement mechanisms is weakening the petrodollar system and dollar dominance. Opposition within the United States—including from segments of conservatives and Republicans—signals growing skepticism about the ideological and moral basis of a US war against Iran seemingly driven by Israel.
A New World Order?
The unipolar world dominated by the United States—rooted in inequality, coercion, and militarism—is destabilising, fragmenting, and generating widespread chaos and suffering. Challenges to this order, including from Iran, point toward a fragmented multipolar world in which multiple actors possess agency and leverage.
The BRICS bloc—Brazil, Russia, India, China, South Africa, along with Iran, the UAE, and other members—represents efforts to create alternative economic and financial systems, including development banks and reserve currencies that challenge Western financial dominance.
However, is BRICS leading the world toward a much-needed order, based on equity, partnership, and peace? The behaviour of BRICS countries during the current crisis does not indicate strong collective leadership or commitment to such principles. Instead, many appear to be leveraging the situation for national advantage, particularly regarding access to energy supplies.
A clear example of this opportunism is India, the current head of the BRICS bloc. Historically a leader of non-alignment and a supporter of the Palestinian cause, India now presents itself as a neutral party upholding international law and state sovereignty. However, it co-sponsored and supported UN Security Council Resolution 2817 (2026), which condemns only Iran.
India is also part of the USA–Israel–India–UAE strategic nexus involving defence cooperation, technology sharing, and counterterrorism. Additionally, it participates in the Quadrilateral Security Dialogue (QUAD) with the United States, Japan, and Australia, aimed at countering China’s growing influence. In effect, despite its leadership role in BRICS, India is closely aligned with the United States, raising questions about its ability to offer independent leadership in shaping a new world order.
As a group, BRICS does not fundamentally challenge corporate hegemony, the concentration of wealth among a global elite, or entrenched technological and military dominance. While it rejects aspects of Western geopolitical hierarchy, it largely upholds neoliberal economic principles: competition, free trade, privatisation, open markets, export-led growth, globalisation, and rapid technological expansion.
The current Middle East crisis underscores the need to question the assumption that globalisation, market expansion, and technological growth are the foundations of human well-being. The oil and food crises, declining remittances from Asian workers in the Middle East, and reduced tourism due to disruptions in the Strait of Hormuz and regional airspace all highlight the fragility of global interdependence.
These conditions call for consideration of alternative frameworks—bioregionalism, import substitution, local control of resources, food and energy self-sufficiency, and renewable energy—in place of dependence on imported fossil fuels and global supply chains.
Both the Western economic model and its BRICS variant continue to prioritise techno-capitalist expansion and militarism, despite overwhelming evidence linking these systems to environmental destruction and social inequality. While it is difficult for individual countries to challenge this dominant model, history offers lessons in collective resistance.
Collective Resistance
One of the earliest examples of nationalist economic resistance in the post-World War II period was the nationalisation of the Anglo-Iranian Oil Company and the creation of the National Iranian Oil Company in 1951 under Prime Minister Mohammad Mosaddegh. He was overthrown on August 19, 1953, in a coup orchestrated by the US CIA and British intelligence (MI6), and Shah Mohammad Reza Pahlavi was installed to protect Western oil interests.
A milestone for decolonisation occurred in Egypt in 1956, when President Gamal Abdel Nasser nationalised the Suez Canal Company. Despite military intervention by Israel, the United Kingdom, and France, Nasser retained control, emerging as a symbol of Arab and Third World nationalism.
Following political independence, many former colonies sought to avoid entanglement in the Cold War through the Non-Aligned Movement (NAM), officially founded in Belgrade in 1961. Leaders including Josip Broz Tito, Jawaharlal Nehru, Gamal Abdel Nasser, Kwame Nkrumah, Sukarno, and Sirimavo Bandaranaike promoted autonomous development paths aligned with national priorities and cultural traditions.
However, maintaining economic sovereignty proved far more difficult. Patrice Lumumba, the first democratically elected Prime Minister of the Democratic Republic of the Congo, was assassinated in 1961 with the involvement of US and Belgian interests after attempting to assert control over national resources. Kwame Nkrumah was similarly overthrown in a US-backed coup in 1966.
In Tanzania, Julius Nyerere’s Ujamaa (“African socialism”) sought to build community-based development and food security, but faced both internal challenges and external opposition, ultimately limiting its success and discouraging similar efforts elsewhere.
UN declarations from the 1970s reflect Global South resistance to the Bretton Woods system. Notably, the 1974 Declaration on the Establishment of a New International Economic Order (Resolution 3201) called for equitable cooperation between developed and developing countries based on dignity and sovereign equality.
Today, these declarations are more relevant than ever, as Iran and other Global South nations confront overlapping crises of economic instability, neocolonial pressures, and intensifying geopolitical rivalry. Courtesy: Inter Press Service
by Dr. Asoka Bandarage
Features
Neutrality in the context of geopolitical rivalries
The long standing foreign policy of Sri Lanka was Non-Alignment. However, in the context of emerging geopolitical rivalries, there was a need to question the adequacy of Non-Alignment as a policy to meet developing challenges. Neutrality as being a more effective Policy was first presented in an article titled “Independence: its meaning and a direction for the future” (The Island, February 14, 2019). The switch over from Non-Alignment to Neutrality was first adopted by former President Gotabaya Rajapaksa and followed through by successive Governments. However, it was the current Government that did not miss an opportunity to announce that its Foreign Policy was Neutral.
The policy of Neutrality has served the interests of Sri Lanka by the principled stand taken in respect of the requests made by two belligerents associated with the Middle East War. The justification for the position adopted was conveyed by President Anura Kumara Dissanayake to Parliament that Iran had made a formal request on February 26 for three Iranian naval ships to visit Sri Lanka, and on the same evening, the United States also requested permission for two war planes to land at Mattala International Airport. Both requests were denied on grounds of maintaining “our policy of neutrality”.
WHY NEUTRALITY
Excerpts from the article cited above that recommended Neutrality as the best option for Sri Lanka considering the vulnerability to its security presented by its geographic location in the context of emerging rivalries arising from “Pivot to Asia” are presented below:
“Traditional thinking as to how small States could cope with external pressures are supposed to be: (1) Non-alignment with any of the major centers of power; (2) Alignment with one of the major powers thus making a choice and facing the consequences of which power block prevails; (3) Bandwagoning which involves unequal exchange where the small State makes asymmetric concessions to the dominant power and accepts a subordinate role of a vassal State; (4) Hedging, which attempts to secure economic and security benefits of engagement with each power center: (5) Balancing pressures individually, or by forming alliances with other small States; (6) Neutrality”.
Of the six strategies cited above, the only strategy that permits a sovereign independent nation to charter its own destiny is neutrality, as it is with Switzerland and some Nordic countries. The independence to self-determine the destiny of a nation requires security in respect of Inviolability of Territory, Food Security, Energy Security etc. Of these, the most critical of securities is the Inviolability of Territory. Consequently, Neutrality has more relevance to protect Territorial Security because it is based on International Law, as opposed to Non-Alignment which is based on principles applicable to specific countries that pledged to abide by them
“The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977” (ICRC Publication on Neutrality, 2022).
As part of its Duties a Neutral State “must ensure respect for its neutrality, if necessary, using force to repel any violation of its territory. Violations include failure to respect the prohibitions placed on belligerent parties with regard to certain activities in neutral territory, described above. The fact that a neutral State uses force to repel attempts to violate its neutrality cannot be regarded as a hostile act. If the neutral State defends its neutrality, it must however respect the limits which international law imposes on the use of force. The neutral State must treat the opposing belligerent States impartially. However, impartiality does not mean that a State is bound to treat the belligerents in exactly the same way. It entails a prohibition on discrimination” (Ibid).
“It forbids only differential treatment of the belligerents which in view of the specific problem of armed conflict is not justified. Therefore, a neutral State is not obliged to eliminate differences in commercial relations between itself and each of the parties to the conflict at the time of the outbreak of the armed conflict. It is entitled to continue existing commercial relations. A change in these commercial relationships could, however, constitute taking sides inconsistent with the status of neutrality” (Ibid).
THE POTENTIAL of NEUTRALITY
It is apparent from the foregoing that Neutrality as a Policy is not “Passive” as some misguided claim Neutrality to be. On the other hand, it could be dynamic to the extent a country chooses to be as demonstrated by the actions taken recently to address the challenges presented during the ongoing Middle East War. Furthermore, Neutrality does not prevent Sri Lanka from engaging in Commercial activities with other States to ensuring Food and Energy security.
If such arrangements are undertaken on the basis of unsolicited offers as it was, for instance, with Japan’s Light Rail Project or Sinopec’s 200,000 Barrels a Day Refinery, principles of Neutrality would be violated because it violates the cardinal principle of Neutrality, namely, impartiality. The proposal to set up an Energy Complex in Trincomalee with India and UAE would be no different because it restricts the opportunity to one defined Party, thus defying impartiality. On the other hand, if Sri Lanka defines the scope of the Project and calls for Expressions of Interest and impartially chooses the most favourable with transparency, principles of Neutrality would be intact. More importantly, such conduct would attract the confidence of Investors to engage in ventures impartial in a principled manner. Such an approach would amount to continue the momentum of the professional approach adopted to meet the challenges of the Middle East War.
CONCLUSION
The manner in which Sri Lanka acted, first to deny access to the territory of Sri Lanka followed up by the humanitarian measures adopted to save the survivors of the torpedoed ship, earned honour and respect for the principled approach adopted to protect territorial inviolability based on International provisions of Neutrality.
If Sri Lanka continues with the momentum gained and adopts impartial and principled measures recommended above to develop the country and the wellbeing of its Peoples, based on self-reliance, this Government would be giving Sri Lanka a new direction and a fresh meaning to Neutrality that is not passive but dynamic.
by Neville Ladduwahetty
Features
Lest we forget
The interference into affairs of other nations by the USA’s Central Intelligence Agency (CIA) started in 1953, six years after it was established. The Anglo-Iranian Oil Company supplied Britain with most of its oil during World War I. In fact, Winston Churchill once declared: “Fortune brought us a prize from fairyland beyond our wildest dreams.”
When in 1951 Dr. Mohammad Mosaddegh was reluctantly appointed as Prime Minister by the Shah of Iran, whose role was mostly ceremonial, he convinced Parliament that the oil company should be nationalised.
Mohammed Mosaddegh
Mosaddegh said: “Our long years of negotiations with foreign companies have yielded no result thus far. With the oil revenues we could meet our entire budget and combat poverty, disease and backwardness of our people.”
It was then that British Intelligence requested help from the CIA to bring down the Iranian regime by infiltrating their communist mobs and the army, thus creating disorder. An Iranian oil embargo by the western countries was imposed, making Iranians poorer by the day. Meanwhile, the CIA’s strings were being pulled by Kermit Roosevelt (a grandson of former President Theodore Roosevelt), according to declassified intelligence information.
Although a first coup failed, the second attempt was successful. General Fazlollah Zahedi, an Army officer, took over as Prime Minister. Mosaddegh was tried and imprisoned for three years and kept under house arrest until his death. Playing an important role in the 1953 coup was a Shia cleric named Ayatollah Abol-Ghasem Mostafavi-Kashani. He was previously loyal to Mosaddegh, but later supported the coup. One of his successors was Ayatollah Ruhollah Mostafavi Musavi Khomeini, who engineered the Islamic Revolution in 1979. Meanwhile, in 1954 the Anglo-Iranian Oil Company had been rebranded as British Petroleum (BP).
Map of the Middle East
When the Iran-Iraq war broke out (September 1980 to August 1988), the Persian/Arabian Gulf became a hive of activity for American warships, which were there to ensure security of the Gulf and supertankers passing through it.
The Strait of Hormuz, the only way in and out of the Gulf, is administered by Oman and Iran. While there may have been British and French warships in the region, radio ‘chatter’ heard by aircraft pilots overhead was always from the US ships. In those days, flying in and out of the Gulf was a nerve-wracking experience for airline pilots, as one may suddenly hear a radio call on the common frequency: “Aircraft approaching US warship [name], identify yourself.” One thing in the pilots’ favour was that they didn’t know what ships they were flying over, so they obeyed only the designated air traffic controller. Sometimes though, with unnecessarily distracting American chatter, there was complete chaos, resulting in mistaken identities.
Air Lanka Tri Star
Once, Air Lanka pilots monitored an aircraft approaching Bahrain being given a heading to turn on to by a ship’s radio operator. Promptly the air traffic controller, who was on the same frequency, butted in and said: “Disregard! Ship USS Navy [name], do you realise what you have just done? You have turned him on to another aircraft!” It was obvious that there was a struggle to maintain air traffic control in the Gulf, with operators having to contend with American arrogance.
On the night of May 17, 1987, USS Stark was cruising in Gulf waters when it was attacked by a Dassault Mirage F1 jet fighter/attack aircraft of the Iraqi Air Force. Without identifying itself, the aircraft fired two Exocet missiles, one of which exploded, killing 37 sailors on board the American frigate. Iraq apologised, saying it was a mistake. The USA graciously accepted the apology.
Then on July 3, 1988 the high-tech, billion-dollar guided missile cruiser USS Vincennes, equipped with advanced Aegis weapons systems and commanded by Capt. Will Rogers III, was chasing two small Iranian gun boats back to their own waters when an aircraft was observed on radar approaching the US warship. It was misidentified as a Mirage F1 fighter, so the Americans, in Iranian territorial waters, fired two surface-to-air Missiles (SAMs) at the target, which was summarily destroyed.
The Vincennes had issued numerous warnings to the approaching aircraft on the military distress frequency. But the aircraft never heard them as it was listening out on a different (civil) radio frequency. The airplane broke in three. It was soon discovered, however, that the airplane was in fact an Iran Air Airbus A300 airliner with 290 civilian passengers on board, en route from Bandar Abbas to Dubai. Unfortunately, because it was a clear day, the Iranian-born, US-educated captain of Iran Air Flight 655 had switched off the weather radar. If it was on, perhaps it would have confirmed to the American ship that the ‘incoming’ was in fact a civil aircraft. At the time, Capt. Will Rogers’ surface commander, Capt. McKenna, went on record saying that USS Vincennes was “looking for action”, and that is why they “got into trouble”.
Although USS Vincennes was given a grand homecoming upon returning to the USA, and its Captain Will Rogers III decorated with the Legion of Merrit, in February 1996 the American government agreed to pay Iran US$131.8 million in settlement of a case lodged by the Iranians in the International Court of Justice against the USA for its role in that incident. However, no apology was tendered to the families of the innocent victims.
These two incidents forced Air Lanka pilots, who operated regularly in those perilous skies, to adopt extra precautionary measures. For example, they never switched off the weather radar system, even in clear skies. While there were potentially hostile ships on ground, layers of altitude were blocked off for the exclusive use of US Air Force AWACS (Airborne Warning and Control System) aircraft flying in Bahraini and southern Saudi Arabian airspace. The precautions were even more important because Air Lanka’s westbound, ‘heavy’ Lockheed TriStars were poor climbers above 29,000 ft. When departing Oman or the UAE in high ambient temperatures, it was a struggle to reach cruising level by the time the airplane was overhead Bahrain, as per the requirement.
In the aftermath of the Iran Air 655 incident, Newsweek magazine called it a case of ‘mistaken identity’. Yet, when summing up the tragic incident that occurred on September 1, 1983, when Korean Air Flight KE/KAL 007 was shot down by a Russian fighter jet, close to Sakhalin Island in the Pacific Ocean during a flight from New York to Seoul, the same magazine labelled it ‘murder in the air’.
After the Iranian coup, which was not coincidentally during the time of the ‘Cold War’, the CIA involved itself in the internal affairs of numerous countries and regions around the world: Guatemala (1953-1990s); Costa Rica (1955, 1970-1971); Middle East (1956-1958); Haiti (1959); Western Europe (1950s to 1960s); British Guiana/Guyana (1953-1964); Iraq (1958-1963); Soviet Union, Vietnam, Cambodia (1955-1973); Laos, Thailand, Ecuador (1960-1963); The Congo (1960-1965, 1977-1978); French Algeria (1960s); Brazil (1961-1964); Peru (1965); Dominican Republic (1963-1965); Cuba (1959 to present); Indonesia (1965); Ghana (1966); Uruguay (1969-1972); Chile (1964-1973); Greece (1967-1974); South Africa (1960s to 1980s); Bolivia (1964-1975); Australia (1972-1975); Iraq (1972-1975); Portugal (1974-1976); East Timor (1975-1999); Angola (1975-1980); Jamaica (1976); Honduras (1980s); Nicaragua (1979-1990); Philippines (1970s to 1990s); Seychelles (1979-1981); Diego Garcia (late 1960s to present); South Yemen (1979-1984); South Korea (1980); Chad (1981-1982); Grenada (1979-1983); Suriname (1982-1984); Libya (1981-1989); Fiji (1987); Panama (1989); Afghanistan (1979-1992); El Salvador (1980-1992); Haiti (1987-1994, 2004); Bulgaria (1990-1991); Albania (1991-1992); Somalia (1993); Iraq (1991-2003; 2003 to present), Colombia (1990s to present); Yugoslavia (1995-1995, and to 1999); Ecuador (2000); Afghanistan (2001 to present); Venezuela (2001-2004; and 2025).
If one searches the internet for information on American involvement in foreign countries during the periods listed above, it will be seen how ‘black’ funds were/are used by the CIA to destabilise those governments for the benefit of a few with vested interests, while poor citizens must live in the chaos and uncertainty thus created.
A popular saying goes: “Each man has his price”. Sad, isn’t it? Arguably the world’s only superpower that professes to be a ‘paragon of virtue’ often goes ‘rogue’.
God Bless America – and no one else!
BY GUWAN SEEYA
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