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US lawmakers’ ignorance of civilian casualties in Lanka’s war on terrorism

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by Daya Gamage

Foreign Service National Political Specialist (ret) US Department of State

(Continued from yesterday)

Williamson cable on ICRC statement

Williamson cable further noted what Jacques de Maio said about the LTTE and its strategies: “On the LTTE, de Maio said that it had tried to keep civilians in the middle of a permanent state of violence. It saw the civilian population as a “protective asset” and kept its fighters embedded amongst them. De Maio said that the LTTE commanders’ objective was to keep the distinction between civilian and military assets blurred …”

Ambassador Williamson met the ICRS South Asia Head to collect information in relation to US Congressional reporting requirements as the latter was the only person who could provide a clear picture of the ground situation. How come these reports never reached American Congressmen? Was it due to a lapse on the part of Sri Lanka?

One party to the conflict in Sri Lanka is considered non-existent and holding that party accountable for its actions is not possible. Therefore, only Sri Lanka’s actions have come under scrutiny. This writer and his co-author of a manuscript now being developed on US-Sri Lanka relations, Dr. Robert K. Boggs, a retired Senior Foreign Service – Intelligence Officer of the State Department, have been told by many senior (now retired) Foreign Service officers of the US. Department of State that Sri Lanka should be held to a higher level of accountability as it is the legitimate (state actor) administration bound to adhere to international laws insinuating that the separatist-terrorist group – the LTTE – is an illegal organisation that did not abide by international laws anyway.

The International Community, as well as the Office of the UN Secretary General along with the UN High Commissioner of Human Rights (UNHCHR) and the UN Human Rights Commission (UNHRC), after the conclusion of the Eelam War IV, commenced their investigation solely to ascertain whether the Government of Sri Lanka had adopted appropriate precautions for the protection of civilians instead of finding whether the Tigers had taken adequate measures to keep the civilians away from the battlefield.

The circumstances under which the unarmed civilians were present in the battlefield were never factored in by the global investigators. Even now by the ‘presenters’ of ‘resolutions’ to the US Congress. Had the global investigators looked into what motivated and under what circumstances the LTTE kept the civilians in or around military objectives they would have connected such exercises to the IHL norms. The United States, it is well known, in its overseas Global War on Terror (GWoT) operations in Iraq, Afghanistan and other places, has not always been transparent about the civilian casualties caused on its watch. The Executive Order – United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force – signed by President Obama in July 2016, among other matters, to assess, report and make public civilian casualty figure was drafted at a time when there was no other systematic reporting of civilian casualties. Section 3 of the Executive Order directs: (Quote) Report on Strikes Undertaken by the U.S. Government Against Terrorist Targets Outside Areas of Active Hostilities. (a) The Director of National Intelligence (DNI), or such other official as the President may designate, shall obtain from relevant agencies information about the number of strikes undertaken by the U.S. Government against terrorist targets outside areas of active hostilities from January 1, 2016, through December 31, 2016, as well as assessments of combatant and non-combatant deaths resulting from those strikes, and publicly release an unclassified summary of such information no later than May 1, 2017. By May 1 of each subsequent year, as consistent with the need to protect sources and methods, the DNI shall publicly release a report with the same information for the preceding calendar year. (End Quote) President Donald Trump in an Executive signed March 2019 revoked Section 3 of Obama Executive Order. The decision to revoke Section 3 in fact reduced transparency regarding a portion of the most sensitive and secretive of U.S. actions.

The Obama Executive Order was issued at a time when there was no other systematic reporting of civilian casualties. Noting here is that since the conclusion of the Eelam War IV until Washington used UNHRC to reiterate transparency and accountability of Sri Lanka’s actions during the final stage of the war and emphasising the importance of setting-up a hybrid judicial body to probe alleged IHL violation in the 2017 Resolution in Geneva is vital amid the revocation of Section 3, and what Section 3 itself did not bring forth. The US Congress however mandated that the Pentagon provide annual reporting of civilian casualties from its operations in the War Theater under Section 1057 of the National Defense Authorization Act (NDAA).

It should be mentioned here that Section 1057 reporting includes only the Defense Department’s portion of Section 3 reporting. However, the information required by Congress is much higher – it includes civilians wounded as well as killed. Even Obama’s Section 3 of the Executive Order did not give a mandate to provide such data by geographic areas. On the other hand, Section 1057 does not include a toll of estimated combatant deaths to compare against the number of civilian casualties.

The elimination of Section 3 reporting requirement creates a transparency gap regarding civilian toll from any non-Defense Department lethal actions in Iraq, Afghanistan and elsewhere in the war theater. Since the conclusion of the war, the UN and the international community placed more emphasis on the conduct of the military of the GSL ignoring the behaviour of the fighting cadre of the LTTE. The conduct of both parties was not simultaneously assessed to get the larger scenario of the final stage of the battle.

The expert opinion is IHL does not specify how exactly two dissimilar values, human life and military advantage, should be weighed against each other for the purposes of proportionality. It is further complicated by disagreement over who counts as a civilian with immunity from attack and over what exactly constitutes a military advantage. The investigators and accuses of Sri Lanka did not attempt to give a broader focus on these complicated issues. The seven US House Members who tabled the Resolution this month were never apprised of the above scenario: The pro-Tamil Homeland Diaspora Tamil activists who were behind the Resolution concealed all that; and Sri Lanka, all these years, even now, has failed to use its diplomacy to place these ‘revealing facts’ before the policymakers and lawmakers in Washington and elsewhere.

This lacuna compelled this writer and Robert Boggs to develop a manuscript using both our understanding, experience and intense knowledge gained during a thirty-year engagement in the area of foreign affairs, how Washington used its diplomatic maneuvers toward Sri Lanka and the manner in which how lethargic Sri Lanka all these decades (and even now) failing to provide cogent evidence about Sri Lanka’s demographic formation, intra-ethnic and inter-ethnic divisions, cultural patters shared by all ethnic groups, the discrepancies between urban and rural division that have affected all ethnic communities to those who formulate policies in Western democracies. The May 15, 2024 Resolution tabled in the US House of Representatives manifests their lack of research ability and basic thinking. Sri Lanka is equally responsible of its lack of diplomacy. (Concluded)



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Opinion

Jeffrey: Cartoonist par excellence 

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If there exists a print media personality who does not receive the due recognition and appreciation he rightfully deserves, it undoubtedly is ‘Jeffrey’ of The Island newspaper. The works of many a journalist have been frequently highlighted and appreciated but the capabilities and efficiency of personnel of the calibre of ‘Jeffrey ‘ are, more or less, taken for granted.

In every sphere of life, professional or occupational, there are people who function, not necessarily from behind the scenes, but nevertheless perform an equally efficient service, which in all probability goes unnoticed.

To be frank, even before reading the headlines of the Newspaper, as is customary now, my eyes seek for the Cartoon of the day. Indeed, a sight for sore eyes each morning, the lovable ‘Jeffrey’ makes my day.

Suffice to say that a ‘Good Job done man’ type of occasional pat on the back, to a person who puts his very soul into his work, would touch the only place where it matters the most – his heart. If a smile could work wonders, then how much further would a word of appreciation go.

‘Jeffrey ‘ has, time and again through his  cartoons, aptly proven his innovative and creative skills to present factual depiction of current affairs, both local and global. His drawing pen effortlessly covers all boundaries, irrespective of whatever nature. On a previous occasion, too, I have openly commended his abilities, finding it difficult to fathom how he could convey pertinent incidents, normally requiring hundreds of words to express, with a single drawing.

To all intents and purposes, ‘Jeffrey ‘ ranks much higher and could be considered as a rare find when compared with the numerous others actively engaged in this particular field of professionalism.

In ‘Jeffrey ‘, The Island newspaper indeed has a Cartoonist par excellence!

Jeffrey, more power to your elbow!

WILLIAM PHILLIPSZ 

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Opinion

Anti-aging injection shows promise in re-growing knee cartilage

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Scientists at Stanford Medicine have reported a discovery that could change how arthritis and joint damage are treated. In experiments on animals and human tissue, researchers found that blocking a protein linked to aging can restore worn cartilage in the knee and prevent arthritis after injury. The treatment works not by adding stem cells, but by reprogramming existing cartilage cells to behave in a more youthful way.

In aging mice, an injectable drug rebuilt knee cartilage that normally thins with age. In mice with knee injuries similar to anterior cruciate ligament tears, the same treatment prevented the onset of arthritis, a condition that often follows such injuries in humans. A pill form of the drug is already being tested in early clinical trials for age-related muscle weakness, raising hopes that a similar approach could one day be used for joints.

Human knee cartilage removed during joint replacement surgery also responded to the treatment. When exposed to the drug in the laboratory, the tissue began forming new cartilage that resembled healthy, functional joint cartilage. These findings suggest that cartilage lost to aging or arthritis might eventually be restored through injections into the joint or even oral medication, potentially reducing the need for knee and hip replacements.

Osteoarthritis affects about one in five adults in the United States and costs tens of billions of dollars annually in direct health care spending. Despite its prevalence, there is no drug that can stop or reverse the disease. Current treatment focuses on pain relief, physical therapy and, in advanced cases, joint replacement surgery.

The new therapy targets a protein known as 15-PGDH, which increases in the body with age. The research team classifies it as a gerozyme, a type of enzyme that contributes to the gradual decline of tissue function over time. Previous work from the same group showed that rising levels of 15-PGDH weaken muscles with age. Blocking the protein restored muscle strength and endurance in older mice, while forcing young mice to produce it caused muscle loss.

Unlike muscle, bone or blood, cartilage does not rely on stem cells to repair itself. Instead, cartilage cells called chondrocytes can change their gene activity. By inhibiting 15-PGDH, researchers found that these cells reverted to a more youthful state and began producing healthy cartilage again.

“This is a new way of regenerating adult tissue, and it has significant clinical promise for treating arthritis due to aging or injury,” said Helen Blau, professor of microbiology and immunology at Stanford and a senior author of the study.

There are three main types of cartilage in the body. Elastic cartilage forms flexible structures like the outer ear. Fibrocartilage is tough and shock absorbing, found between spinal vertebrae. Hyaline cartilage, also called articular cartilage, is smooth and glossy and allows joints such as the knees, hips and shoulders to move with minimal friction. Osteoarthritis mainly affects this last type.

The disease develops when joints are stressed by aging, injury or excess weight. Chondrocytes begin releasing inflammatory molecules and breaking down collagen, the main structural protein of cartilage. As collagen is lost, cartilage thins and softens, leading to pain, swelling and stiffness. Articular cartilage rarely regenerates on its own, and attempts to find stem cells capable of rebuilding it have largely failed.

In the new study, researchers compared knee cartilage from young and old mice and found that levels of 15-PGDH roughly doubled with age. When older mice were treated with a drug that blocks the protein, either throughout the body or directly in the joint, their knee cartilage thickened and regained function. Importantly, the new tissue was true hyaline cartilage rather than weaker fibrocartilage.

The results were equally striking in injured joints. In mice with ligament injuries, repeated injections over four weeks sharply reduced the likelihood of developing arthritis. Untreated animals showed high levels of 15-PGDH and developed arthritis within weeks. Treated animals moved more normally and placed more weight on the injured limb.

Detailed analysis showed that the treatment shifted the balance of cartilage cells. Cells associated with inflammation and cartilage breakdown became less common, while cells responsible for producing healthy joint cartilage increased markedly. This change occurred without the involvement of stem cells.

When human osteoarthritic cartilage was treated in the laboratory for one week, similar changes were observed. Levels of harmful gene activity fell, and signs of cartilage regeneration appeared.

The findings are encouraging but still early. While safety trials of a 15-PGDH inhibitor for muscle weakness have shown promising results, clinical trials focused on cartilage regeneration have yet to begin. Even so, researchers are optimistic.

“Imagine regrowing existing cartilage and avoiding joint replacement,” Blau said. For millions living with joint pain and stiffness, that possibility now seems closer than ever.

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Opinion

Why is transparency underfunded?

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The RTI Commission has now confirmed what many suspected — although the RTI Act grants it independence to recruit staff, this authority is rendered toothless because the Treasury controls the purse strings. The Commission is left operating with inadequate manpower, limiting its institutional growth even as it struggles to meet rising public demand for information.

 This raises an uncomfortable question: if the Treasury can repeatedly allocate billions to loss-making State-Owned Enterprises — some of which continue to hemorrhage public funds without reform — why is adequate funding for the RTI Commission treated as optional?

 Strengthening transparency is not a luxury. It is the foundation of good governance. Every rupee spent on effective oversight helps prevent many more rupees being wasted through inefficiency, misuse, or opaque decision-making.

 In such a context, can one really fault those who argue that restricting the Commission’s resources conveniently limits disclosures that may prove politically inconvenient? Whether deliberate or not, the outcome is the same: weaker accountability, reduced public scrutiny, and a system where opacity is easier than openness.

 If the government is serious about reform, it must start by funding the institutions that keep it honest. Investing in RTI is not an expense — it is a safeguard for the public purse and the public trust.

A Concerned Citizen – Moratuwa

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