Features

Challenges to addressing allegations during Sri Lanka’s armed conflict

Published

1 year ago

2025/04/4

A handout picture of President Mahinda Rajapaksa browsing through the LLRC report. (File photo)

A political commentator has attributed the UK sanctions against four individuals, three of whom were top ranking Army and Navy Officers associated with Sri Lanka’s armed conflict, to the failure of successive governments to address human rights allegations, which he describes as a self-inflicted crisis. The reason for such international action is the consistent failure of governments to conduct independent and credible inquiries into allegations of war crimes; no ‘effective investigative mechanism’ has been established to examine the conduct of either the Sri Lankan military or the LTTE.

He has not elaborated on what constitutes an “effective investigative mechanism. He has an obligation and responsibility to present the framework of such a mechanism. The hard reality however is that no country, not even South Africa, has crafted an effective investigative mechanism to address post conflict issues.

INVESTIGATIVE MECHANISMS

The hallmark of a credible investigative mechanism should be unravelling the TRUTH. No country has ventured to propose how such a Mechanism should be structured and what its mandate should be. Furthermore, despite the fact that no country has succeeded in setting up a credible truth-seeking mechanism, the incumbent government continues to be committed to explore “the contours of a strong truth and reconciliation framework” undaunted by the failed experiences of others, the most prominent being South Africa’s Truth and Reconciliation Commission.

South Africa’s Truth and Reconciliation Commission is often cited as the gold standard for post conflict Mechanisms. Consequently, most titles incorporate the word “Truth” notwithstanding the fact that establishing the “Truth” was a failure not only in South Africa but also in most countries that attempted such exercises.

Citing the South African experience, Prof. G. L. Peiris states: “pride of place was given to sincere truth-telling which would overcome hatred and the primordial instinct for revenge. The vehicle for this was amnesty…… Despite the personal intervention of Mandela, former State President P. W. Botha was adamant in his refusal to appear before the Commission, which he deemed as ‘a fierce unforgiving assault’ on Afrikaaners” (The Island, 01 April, 2025). In the case of Sri Lanka too, disclosures to find the “Truth” would be all about the other party to the conflict, thus making Truth seeking an accusatory process, instead of a commitment to finding the Truth. The reluctance to engage in frank disclosure is compounded by the fear of recrimination by those affected by the Truth.

Continuing Prof. Peiris cites experiences in other countries. “Argentina, the power to grant amnesty was withheld from the Commission. In Columbia, disclosure resulted not in total exoneration, but in mitigating sentences. In Chile, prosecutions were feasible only after a prolonged interval since the dismantling of Augusta Pinochet’s dictatorship ….” (Ibid).

The mechanisms adopted by the countries cited above reflect their own social and cultural values. Therefore, Sri Lanka too has to craft mechanisms in keeping with its own civilisational values of restorative and not retributive justice for true reconciliation, as declared by President J. R, Jayewardene in San Francisco as to what the global attitude should be towards Japan at the conclusion of World War II. Since the several Presidential Commissions appointed under governments already embody records of alleged violations committed, the information in these commission reports should be the foundation of the archival records on which the edifice of reconciliation should be built.

ESTABLISHING DUE CONTEXT

The suggestion that an independent and credible inquiry be conducted into allegations of war crimes reflects a skewed understanding of the actual context in which the armed conflict in Sri Lanka occurred. Even the UNHRC has acknowledged that the provisions of “Article 3 common to the four Geneva Conventions relating to conflicts not of an international character is applicable to the situation in Sri Lanka, as stated in para. 182 of the OISL Report by the UNHRC Office. Therefore, the correct context is International Humanitarian Law with appropriate derogations of Human Rights law during an officially declared Emergency as per the ICCPR.; a fact acknowledged in the OISL report.

Consequently, the armed conflict has to conform to provisions of Additional Protocol II of 1977, because “This Protocol, which develops and supplements Article 3 common to the Geneva Conventions is the due context. There is no provision for “alleged war crimes” in the Additional Protocol. Although Sri Lanka has not formally ratified Additional Protocol II, the Protocol is today accepted by the Community of Nations as Customary Law. On the other hand, “war crimes” are listed in the Rome Statute; a Statute that Sri Lanka has NOT ratified and not recognized as part of Customary Law.

Therefore, any “investigative mechanism” has to be conducted within the context cited above, which is Additional Protocol II of 1977.

SRI LANKAN EXPERIENCE

On the other hand, why would there be a need for Sri Lanka to engage in an independent and credible inquiry into allegations, considering the following comment in Paragraph 9.4 and other Paragraphs of the Lessons Learnt and Reconciliation Commission (LLRC)?

“In evaluating the Sri Lankan experience in the context of allegations of violations of IHL (International Humanitarian Law), the Commission is satisfied that the military strategy that was adopted to secure the LTTE held areas was one that was carefully conceived in which the protection of the civilian population was given the highest priority”

9.7 “Having reached the above conclusion, it is also incumbent on the Commission to consider the question, while there is no deliberate targeting of civilians by the Security Forces, whether the action of the Security Forces of returning fire into the NFZs was excessive in the context of the Principle of Proportionality…” (Ibid)

The single most significant factor that contributed to violations was the taking of Civilians in the N Fire Zone hostage (NFZ) by the LTTE. This deliberate act where distinction between civilian and combatant was deliberately abandoned, exposed and compromised the security of the Civilians. The consequences of this single act prevent addressing whether military responses were proportionate or excessive, or whether the impact of firing at make-shift hospitals were deliberate or not, and whether limiting humanitarian aid was intentional or not. These issues are recorded and addressed in the Presidential Commission Reports such as LLRC and Paranagama. This material should be treated as archival material on which to build an effective framework to foster reconciliation.

UK SANCTIONS

Sanctions imposed by the UK government as part of an election pledge for Human Rights violations during the armed conflict is a direct act of intervention according to Article 3 of the Additional Protocol of 1977 that is the acknowledged context in which actions should be judged.

Article 3 Non-intervention states:

1 “Nothing in the Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government by all legislative means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State”.

2 “Nothing in the Protocol shall be invoked as a justification for intervening directly or indirectly, for any reason whatsoever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory on which the conflict occurs”.

Targeting specific individuals associated with the armed conflict in Sri Lanka is a direct assault of intervention in the internal affairs of Sri Lanka. The UK government should be ashamed for resorting to violating International Law for the sake of fulfilling an election pledge. If Sri Lanka had issued strictures on the UK government for not taking action against any military officers responsible for the Bloody Sunday massacre where 26 unarmed civilians participating in a protest march were shot in broad daylight, Sri Lanka would, in fact be intervening in UK’s internal affairs.

CONCLUSION

The UK’s action reflects the common practice of making election pledges to garner targeted votes of ethnic diasporas. The influence of ethnic diasporas affecting the conduct of mainstream politics is becoming increasingly visible, the most recent being the Tamil Genocide Education Week Act of Ontario that was dismissed by the Supreme Court of Canada on grounds the Provincial Legislations have no jurisdiction over Federal and International Laws.

However, what should not be overlooked is that the armed conflict occurred under provisions of common Article 3 of the Geneva Conventions. This Article is developed and supplemented by Additional Protocol II of 1977. Therefore, since all Geneva Conventions are recognised as Customary Law, so should the Additional Protocol II be, because it is a development of common Article 3.

Imposing sanctions under provisions of Additional Protocol II amounts to Intervention in internal affairs of a State as stated in Article 3 of the Protocol; II cited above. Such interventions are prohibited under provisions of international law.

The need to revive independent and credible inquiries after the lapse of 16 years is unrealistic because those who were perpetrators and victims alike cannot be identified and/or located. Furthermore, the cost of disclosure because of the possibility of retribution would compromise their security. A realistic approach is to use the material recorded in the Presidential Commission Reports and treat them as archival records and use the lessons learnt from them to forge a workable framework that would foster unity and reconciliation with the survivors in all communities This is not to live in the past but to live in the here and now – the present, which incidentally, is the bedrock of Sri Lanka’s civilisational values.

by Neville Ladduwahetty

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Features

The hard challenge of clinching a political settlement in the Middle East

Published

16 hours ago

2026/07/23

Sahan Weerasooriya

Bruised hearts: Displaced Palestinian civilians in the Gaza.(Photo by Mustafa Hassona/Anadolu via Getty Images)

Despite some sections of the Trump administration persisting with the view that the possibility could not be entirely ruled out of there being a diplomatic solution to the current US-Iran hostilities in West Asia, the skeptic could not be blamed for thinking otherwise. The intensity, scale and frequency of the tit-for-tat strikes by the antagonists over the past few days against selected military targets and civilian infrastructure in particular in West Asia make the adoption of this stance excusable.

The continuing hostilities render the mentioning of the MOU signed between the warring parties in mid-June a laughable matter. While it could very well be that the foes are wishing privately for a cessation of hostilities before long, what seems to be uppermost on their minds right now is to negotiate with each other from a position of strength. This strategy compels them to incapacitate each other militarily to the extent possible, lest they have to concede too much to each other during negotiations. Hence the stepped-up hostilities.

However, even on the question of there being a negotiated political settlement in the West Asian theatre in the longer term, the skeptic could come to be seen as scoring over the optimist. Developments on the ground account for this.

At the time of writing Israel’s Netanyahu government is going ahead in fairly care-free fashion with the establishment of more Jewish settlements in the Gaza and the West Bank, and it’s all happening under the apparently complacent gaze of the US. In fact, some quarters estimate that Israel is in control of some 65% of the Gaza Strip. Ethnic cleansing, that is, is being drastically stepped-up.

Accordingly, in terms of the power relations of West Asia, the world is almost back to the status quo of the late forties of the last century when the state of Israel was established and the Palestinians were reduced to a microscopic minority in the land they came to inhabit. Therefore, even the impartial observer would be compelled to ask: ‘Will a negotiated peace be ever possible in the Middle East?’

The humanist in the observer would prefer to answer this question in the affirmative and it is indeed the ideal stance to adopt considering the staggering human and material costs of the conflict. But the way ahead to peace could be expected to be highly hazardous and arduous. Among other odds, it would also prove an uphill endeavour to win minds and hearts.

The US’ Trump administration would need to be counted out in this pursuit. This is on account of the fact that it has been far too wayward in its management of West Asian affairs in particular over the past couple of years. Given its unpredictable character it is a matter for conjecture whether it could be counted on to live up to its commitments.

Moreover, Israel could be expected to ‘go it alone’ in the Middle East regardless of whether US help is coming or otherwise. It has indicated as much in recent times and Israel could be doubted on this score only at the doubter’s peril. Because time and again Israel has demonstrated that it could steadfastly defend its interests even single-handedly in the Middle East. History bears this out.

However, a durable alliance with the US would stand Israel in good stead. On the matter of military and intelligence assistance, for example, the US’s help proved invaluable for Israel in the past and going forward this is bound to be so as well. Moreover, it is unlikely that the Trump administration would give up on Israel, considering that a strong Israel is crucial for the furtherance of the US’ strategic and economic interests in West Asia.

But whether the above factors would have a considerable bearing on the question of working out a durable solution to the West Asian tangle is an entirely different matter. Israel, as in the case of the Palestinian enclaves, is acutely security conscious and would need to satisfy itself fully that it could live in a security environment that would guarantee its complete safety, going forward.

The Middle East is badly in need of another peace effort on the lines of the Oslo Accords of the mid-nineties that brought the key actors together and helped hammer out a solution that addressed some of their notable concerns. To be sure, that process did not prove to be the ideal answer to the tangle, but it yielded some respite to the region and drove home that one-time sworn foes could indeed negotiate with a degree of success. The West Bank authority, although falling short of fulfilling some key Palestinian aspirations, is testimony that a degree of success is possible if the intent is right.

Given the current realities of West Asia, peace-making is bound to be an uphill challenge. The violence faced in recent times by the Palestinian community, in particular, has been nothing less than mind-numbing. Merciless has been the violence visited on them by the Israeli side. In such circumstances, durable peace in the region could smack of an idealist’s dream.

Nevertheless, there needs to be urgently, a meeting of minds over the divides. The US would need to be counted out as an honest broker in bringing the sides together but the rest of the West would do well to step up to the challenge.

In this exercise the onus would be on the world’s democracies to take the initiative and doggedly stay the course. An acceptable combination would be the EU and the UN. Given their credentials, the main sides in West Asia ought to find them the least controversial.

Even if the relevant institutional and political arrangements could be shored up to take a reconciliation process forward, winning hearts and minds for the peace drive would prove a grueling challenge. Over the past few years in particular tens of thousands of hearts and minds on both sides of the divide have been bruised badly in the runaway murderous violence that has come to define the Middle East.

These badly scarred personalities would need to experience healing without much delay. It is therefore a multi-faceted challenge that is at hand. Since wide-ranging expertise would be needed in the healing process, people’s participation in peace-making, ranging over the divides, would need to be made a durable reality. It will be a time for enthroning humanity and ensuring the rejection of all forms of violence and coercion.

Features

Amazing Thailand …right here in Colombo

Published

16 hours ago

2026/07/23

Sahan Weerasooriya

For many Sri Lankans, Thailand is the go-to holiday — beaches, temples, food, and that famous warm hospitality.

In fact, I’ve been to Amazing Thailand 24 times myself, and was honoured with the Friends of Thailand International Media Award by the Tourism Authority of Thailand for promoting Thai tourism.

The good news I have for you today is that you don’t even need a passport to get a taste of Amazing Thailand.

The Royal Thai Embassy, in Colombo, is bringing a vibrant slice of Thailand, to the city of Colombo, with Thai Festival 2026 — a cultural experience like never before.

Whether you are an avid enthusiast of Thai culture, a total novice, or simply just interested in exploring foreign cultures, Thai Festival 2026 is going to be the perfect opportunity for you to get more than just a glimpse into one of the most celebrated cultural heritages in South East Asia. And ENTRANCE IS FREE.

The festival will be held on the 1st and 2nd of August, 2026, at Siam Nivasa, 43, C.W.W. Kannangara Mawatha, Colombo 7, and the East Parking Area, of the Colombo Municipal Council, from 11:00am to 5:00pm.

Both days will be full of live entertainment, and dispersed throughout with Thai cultural displays, including exhilarating traditional dance performances and breathtaking Muay Thai demonstrations.

Exploring art and craft specific to Thailand, tasting irresistible authentic Thai cuisine, and playing arcade games, are just a few more fun-filled events available for visitors at the festival premises.

An array of Thai products will also be available for purchase.

While at the festival, you will find Sri Lankan Alumni from Thai universities sharing their experiences with you and willing to answer any questions you might have, related to studying abroad in Thailand.

You can also register for the Muay Thai workshop that will be happening on the 7th and 8th of August, 2026, in Colombo.

Irresistible authentic Thai cuisine

Visitors can also stand a chance to win traditional Thai souvenirs, get exclusive photo opportunities, and, the big one — to enter the raffle draw, at the end of each day, for the grand prize of an all-inclusive round trip to Thailand.

Be sure to avail yourself of this exceptional opportunity and add a cultural spin to your weekend.

To keep up with the latest updates on Thai Festival 2026, head over to the Thai Festival official social media pages.

The Royal Thai Embassy in Colombo official webpage:

https://colombo.thaiembassy.org

Official social media:

Facebook: @RTEColombo

Instagram: @thaiembassysrilanka

Thai Festival official social media:

Facebook: Thai Festival in Colombo

Instagram: @thaifestival_colombo

TikTok: @thaifestival.incolombo

Features

Thicker, stronger hair …

Published

16 hours ago

2026/07/23

Sahan Weerasooriya

Hair fall, in this heat, can be so frustrating, and noticing a thin patch is even more worrying. The good news is … yes, with a little care and kitchen ingredients, you can nourish your scalp and support healthy regrowth.

Try these four easy home remedies … even our grandmothers trusted:

* Coconut Oil and Curry Leaves Tonic:

Warm 04 tablespoons of coconut oil, with a handful of curry leaves, till the leaves turn black. Cool, strain, and massage into scalp 02-03 times a week. Leave for 01 hour, or overnight.

Why:

Coconut oil deeply nourishes, while curry leaves help strengthen roots and add shine.

* Onion Juice for Spot Treatment:

With cotton, dab the juice of 01 small onion, directly on the thin/bald patches. Leave for 20-30 minutes, and then wash with a mild shampoo. Use twice a week.

Why:

Rich in sulfur, onion juice helps boost blood circulation to the scalp.

* Aloe Vera and Castor Oil Mask:

Mix 02 tablespoons of fresh aloe vera gel and 01 tablespoon castor oil and apply to the scalp, focusing on thinning areas. Leave for 45 minutes, and then rinse with cool water.

Why:

Aloe vera soothes the scalp, while castor oil coats hair to make it look thicker.

* Fenugreek and Curd Strengthening Pack:

You will need 02 tablespoons fenugreek seeds, soaked overnight, and 02 tablespoons plain curd.

Grind to a paste, apply to scalp for 30 minutes, and then wash.

Why:

Fenugreek strengthens strands and reduces breakage.

Extra Tips for Healthy Hair:

Avoid tight hairstyles that pull on the scalp.

Eat iron and protein rich foods: greens, dhal, eggs, fish.

Use lukewarm water, not hot.

Be gentle when brushing and drying.