Features
US lawmakers’ ignorance of civilian casualties in Lanka’s war on terrorism
by Daya Gamage
Foreign Service National Political Specialist (ret) US Department of State
Declaring that the government of Sri Lanka, while combating ‘Tamil Organizations’ which were fighting for a Tamil Homeland in the North-East, committed genocide against the Tamil people, a resolution was tabled in the US House of Representatives, on May 15, 2024, to coincide with the 15th anniversary of the conclusion of the LTTE’s terrorist war; it states, “Recognizing the hundreds of thousands of lives lost during Sri Lanka’s almost 30-year armed conflict, which ended 15 years ago on May 18, 2009, and ensuring nonrecurrence of past violence, including the Tamil Genocide, by supporting the right to self-determination of Eelam Tamil people and their call for an independence referendum for a lasting peaceful resolution”.
The Resolution also quotes the then State Department Assistant Secretary Richard Boucher, during a visit to wartime Sri Lanka on June 1, 2006 as having said, “There are legitimate issues that are raised by the Tamil community, and they have a very legitimate desire, as anybody would, to be able to control their own lives, to rule their own destinies and to govern themselves in their homeland; in the areas they’ve traditionally inhabited.”
Ill-conceived use of Boucher’s pronouncement
It is ill-conceived to use Boucher’s 2006 pronouncement in the year 2024 when Government of Sri Lanka’s ‘Census of Population and Housing’ even in the Year 2012 – well acknowledged by official reports of the World Bank – that of the 11.14 percent of Sri Lankan Tamils (excluding the near 5 percent Tamils of Indian Origin living in the plantation areas in the centre of the country) only 7.81 percent is living in the North-East (Tamil Homeland) and 3.34 percent domiciled in the rest of the country in the Sinhalese-majority districts with gainful employment, access to housing, education and economic opportunities away from the so-called Tamil Homeland in the North-East. In 2012, the percentage of Sri Lanka Tamils living outside the North and the East is 42.76 percent, and in the Year 2024 it is closer to 50 percent.
If someone explained these demographic data to Members of the U.S. House of Representatives wouldn’t they entertain a second thought as to in what manner 50 percent of Tamils could claim a ‘Tamil Homeland’ when another (close to) 50 percent is left out? Let’s bring to the attention of American lawmakers and policymakers cogent facts related to ‘genocide’ and ‘civilian casualties’ and also ‘encourage’ ‘others’ that have ‘legitimate and moral authority’ to use their ‘diplomatic overtures’ to educate Washington. Since the military battle between the Government of Sri Lanka (GSL) and the Tamil Tigers ended in May 2009, the issue of civilian casualties during the final months of the battle and the human shield associated with it emerged when Sri Lanka’s accountability and transparency were focused on the Office of Secretary-General of the United Nations, the US Department of State, the US Congress, global human rights organisations and in many Western administrations.
Human shields
Following the deaths of the Tamil Tigers, the issue of human shield – to which the non-state actor was solely responsible and well known to the international community – became a secondary issue while the civilian casualties were given much prominence. Insinuating that civilian casualties were largely due to GSL’s military offensive, accountability and transparency figured prominently in Resolutions adopted by the UN Human Rights Council (UNHRC) in Geneva since 2012 and subsequently in 2015, 2016 and 2017; they called for a hybrid investigative mechanism to probe as to whether Sri Lanka violated international humanitarian law (IHL).
The prominence given to civilian casualty issue – leading to the allegation of genocide – eclipsed the issue of the use of human shields by the Tamil Tigers. The interconnection of both issues was ignored as they were not simultaneously discussed. It should be critically noted why those who demand accountability and transparency from Sri Lanka failed to include human shields used by the LTTE as a factor in the alleged excessive force analysis.
In a non-international armed conflict, it is appropriate to unearth the legal framework and mechanisms which are associated with the presence of civilians in a battlefield. Since the Eelam War IV (2006-2009) ended, Sri Lanka has been subjected to serious scrutiny of the manner in which it conducted the offensive during the final months. It is vital to note here in what form these allegations of international observers reached the UN and policy-framers/policy-makers of Western nations – in most cases Washington – leading to the accusation that Sri Lanka the IHL and committed war crimes leaving aside larger issues.
International observers rushing to judgment
In the case of Sri Lanka, the tendency of international observers to rush to judgment – and censure –is evident from the exaggerated civilian fatality figures cited extensively in their reports. The number of unarmed Tamils killed during the final stage of the war (January – May 2009) has been arbitrarily placed at 40,000. These deaths are blamed largely on the Sri Lankan military personnel who were accused of using excessive and indiscriminate force, and thereby committing war crimes.
The figure of 40,000 was arrived at by subtracting the number of internally displaced civilians from the UN’s estimate of the number of civilians caught up in the final offensive. According to a diplomatic cable from the US Embassy in April 2009 to the State Department, the UN had estimated that from January 20 to April 6, civilian fatalities numbered 4, 164 and 10,002 others were wounded.
An unpublished report by the United Nations country team in Sri Lanka stated that from August 2008 to May 13, 2009 (six days before the war ended), the number of civilians killed was 7,721. The International Committee of the Red Cross, the only outside agency, which was present in the war zone during the final phase, used various statistical indicators to conclude that the total number of noncombatants killed was around 7,000. On 09 March, the UN Country Team, for the first and only time, briefed diplomats in Colombo on the civilian casualty figures it had collected from the Humanitarian Convoy 11 (they were allowed in the battle zone).
According to this briefing, 2,683 civilians died between 20 January and 7 March, and 7,241 persons were injured. But the UN Country Team did not indicate to the diplomats that the vast majority of the civilian casualties were due to government shelling. (United Nations, “Report of the Secretary-General’s Internal Review Panel on UN Actions in Sri Lanka” 2012 Page 11). The British military attaché in Colombo reported that about a quarter of those killed were possibly Tamil Tigers who had discarded their uniforms. Despite all these contradictory fatality figures, a commission appointed by the UN Secretary General deemed the figure of 40,000 definitive, and all western governments have since accepted it unquestioningly.
Battlefield reality
Quite apart from the numbers killed and wounded is the question of Sri Lankan behaviour in prosecuting the offensive and how it is to be judged in terms of the law of war. Critics claim that the Sri Lankan forces used excessive force, and especially artillery, indiscriminately; some even claim that civilians were targeted intentionally. In fact, the reason that so many Tamil civilians were interspersed with Tiger combatants in the battle zone is that the latter forced large numbers of civilians to accompany them as they retreated towards the coast, and used them as human shields as government forces closed in.
There are well documented reports of Tigers shooting civilians who tried to save themselves by swimming away across the lagoon. Given the Tigers’ ruthless treatment of civilians throughout the war, there is even a prima facie case to be made that the LTTE leadership welcomed civilian fatalities as a way of galvanising foreign powers to bring Colombo under international pressure to declare a ceasefire.
The LTTE political commissar Puleedevan told some friends in Europe, “just as in Kosovo if enough civilians died the world would be forced to step in”, (Quoted in Frances Harrison’s Still Counting the Dead: Survivors of Sri Lanka’s Hidden War – London: Portobello, 2012)
International Humanitarian Law
International humanitarian law (IHL) provides the legal framework for those who are fighting for one of the parties to an armed conflict, and for those affected by the effects of hostilities. IHL aims to protect those who are not taking part in the hostilities. However, IHL acknowledges that civilians and civilian objects may legitimately be affected by warfare and the existence of collateral damage. Even though civilians and civilian objects may not be directly targeted, the IHL principle of proportionality allows civilian casualties and damage to civilian objects, under the restriction that these are not excessive to the military advantage anticipated.
The IHL principle of proportionality is commonly understood to be stipulated in article 51 (5) (b) of Additional Protocol I (1977) to the Geneva Conventions: “[Prohibited are attacks] … which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”
During the final phases of the Eelam War IV – February through May 2009 – the GSL military had gained the upper hand, and the retreating Tigers in a desperate bid to prevent the Army from advancing, stepped up the forcible conscription and used civilians as human shields. The American lawmakers who tabled the Resolution this month either turned a blind eye to these facts or the pro-LTTE groups pulled the wool over their eyes.
The LTTE political commissar Puleedevan outlined his outfit’s strategy when he stated “just as in Kosovo if enough civilians died the world would be forced to step in”. The LTTE wanted a pause in fighting for its top leadership to flee to the North African state of Eritrea. According to the 15 December 2006 US Senate Foreign Relations Committee investigative report the African nation was providing military assistance to the LTTE.
The GSL was under severe pressure during this final state from the International Community (IC) to agree to a ceasefire to protect the civilians shield as harm to civilians could be interpreted as proof of the use of force excessive relative to the anticipated military advantage and thus disproportionate and prohibited under IHL.
Parity of status for LTTE
It may be recalled that IC, through the Norwegian facilitators, gave parity of status to the LTTE by bringing it to the negotiating table (2002-2004) with the GSL in 2002-2004 although the LTTE had been designated a terrorist organisation in many EU countries and the US. As Ambassador Robert Blake noted in a diplomatic cable “(the) Army has a generally good track record of taking care to minimize civilian casualties during its advances…”, if the GSL military forces, which were under legal constraints, had not refrained from attacking there would have been many more thousands of civilian casualties at the time of the conclusion of the war, as remarked by the ICRC Asia Head to a State Department official. These legal and moral constraints exercised by the GSL military were highlighted by Jacques de Maio, the ICRC’ Head of Operation for South Asia when he met US Ambassador-at-Large for War Crimes Issue – John Clint Williamson for a classified briefing – on July 9, 2009 along with several INGO heads in Geneva, Switzerland. The ICRC was the only international organization the GSL allowed in the northern battle field for humanitarian work.
The diplomatic cable sent by Ambassador Williamson to Washington – https://wikileaks.org/plusd/cables/09GENEVA584_a.html on the issue of potential violations of IHL, quoted Maio as saying that “the Sri Lankan military was somewhat responsive to accusations of violations of International Humanitarian Law (IHL) and was open to adapting its actions to reduce casualties […] He could cite examples of where the Army had stopped shelling when ICRC informed them it was killing civilians. In fact, the Army could have won the military battle faster with higher civilian casualties, yet chose a slower approach which led to a greater number of Sri Lankan military deaths ….”
Continued tomorrow
Features
The Division Bell Mystery
Tales of Mystery and Suspense 3
The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.
The Brahms and Simon detective novels, the first of which I wrote about last week, were amongst several books by the pair that Robert Scoble gave me when I was in Australia towards the end of last year. Amongst them was another thriller of a very different sort, though that too was written and set between the wars.
Called The Division Bell Mystery, it was set in the House of Commons, the first such book I believe, and was by Ellen Wilkinson, a Labour MP who became Minister of Education in Attlee’s government after the war, having served previously as Parliamentary Private Secretary to several ministers. Her hero Robert West is also a PPS, but a conservative, and his Minister, of Home Affairs, is an old style aristocrat, not much loved by the less orthodox Prime Minister, who nevertheless needs his support on many occasions.
The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.
West was just outside the door when the shot was heard, and when he opened it saw only the dead body with a revolver beside it. The assumption that this was suicide was however challenged by Oissel’s grand-daughter Annette, who was his heir, on the grounds that he would never have killed himself. But her view was given greater credence by the Inspector put in charge of the case who said there were no burn marks on the body which would have been the case had Oissel fired the pistol himself.
Matters are complicated by the fact that Oissel’s flat had been burgled while he was at dinner, and Jenks the policeman allocated to him, who had served the Home Secretary and seemed more acceptable to Oissel than someone from the Security Service, had been killed. Matters get even more complicated when Annette says her grand-father’s notebook in which he wrote his secrets in cipher was missing.
That was found in Jenks’ pocket, and then a photographer came to West to say he had been asked by Jenks to photograph this. More worryingly for West, he finds in the Home Secretary’s drawer a few pages from the notebook with what appears to be an interpretation of the cipher.
Overwhelmed by all this he confides in a recently created peer who knows all about the business world, who insists that they leave the house party at which they had met over dinner and discuss the matter with the Prime Minister who promptly summons the Home Secretary.
But the Home Secretary had gone to Scotland to launch a ship over the weekend, so the meeting could take place only on the morning of the Monday, when difficult questions were expected on the adjournment motion. He admits at the meeting that he had got Jenks to take the notebook, and also that he knew the code since it had been created by him and Oissel when they were young.
He thought he should resign, and even contemplated suicide, but the Prime Minister told him that that would be even worse for the government, and that he should go home to bed. The Prime Minister said that he himself would handle the question, which he did with aplomb, insisting that confidentiality was needed until the inquest. What had happened would be made clear then, he declared, leaving West and Inspector Blackit and Lord Dalbeattie what seemed the impossible task of solving the murder.
Dalbeattie had suggested that West ask a female Labour MP who was very fond of him to get what information she could from the staff. That there was some involvement there had become clear when West, going back late one night to collect a briefcase he had left in a dining room, found someone lurking in the dark in the corridor outside the private rooms. Room J, where the murder had happened, was meant to be guarded throughout by a policeman, but he had left the room having felt dizzy, and it seemed that his coffee had been drugged. West’s sudden appearance however had prevented anyone else getting into the room.
Dalbeattie decides to recreate the scene of the murder and has a dinner party in Room J on the Tuesday night, inviting West and Annette and the society hostess at whose house he had met, and also Patrick Kinnaird, an MP who was engaged to Annette, as well as the Permanent Secretary to the Home Ministry.
After coffee Inspector Blackit comes in with Grace, the Labour MP who had got the confidence of the staff, and a journalist who had also been helpful, and just as they say they think they are on the track the division bell rings. Grace jumps up and tells the Inspector that that provides the solution and they get a ladder, and sure enough find the revolver in the space where the bell is. Directed at the place where Oissel had sat, it had been primed to go off with the ringing of the bell. The waiter who had helped to set things up made clear who the murderer had been.
The reason for the murder and the confused motives of all those involved made for a fascinatingly intricate mix. But also impressive in the book were the descriptions of the isolation possible in the crowded premises of the house, the forceful characterization of the members – Grace based on the writer, the society hostess based on Nancy Astor, the first female MP – and the laid back nature of senior politicians which West realized had to change in the brave new world of high finance.
Features
The challenge of keeping value-based politics alive
The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.
At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.
Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.
In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.
Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.
The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.
Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.
In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.
The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.
It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.
Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.
On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.
That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’
In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.
In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’
True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.
Features
Vesak celebrations … with Cuteefly
I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.
Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.
She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.
As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes
Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.
Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity
These handcrafted Vesak candles are perfect for offering at the temple, she says.
What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.
What’s more, her customers have heaped praise on her for her creativity.
According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.
Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”
Cuteefly, says Indunil, is available online.
Readers could contact Indunil on 0778506066 for more details.
He Facebook Page is: Cuteefly.

Handmade with love
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