War crimes during the final stages of the Sri Lankan Civil War

War crimes during the final stages of the Sri Lankan Civil War
Part of Sri Lankan Civil War
LocationSri Lanka
Date2009
Attack type
Shelling, Hostage taking, Forced disappearance, Denial of humanitarian aid, Summary execution, Rape, Internment, Use of underaged soldiers, Mass shootings, Suicide bombings
Deaths40,000 civilians killed (UN, 2011)[1][2][3]

146,000 civilians unaccounted[4][5][6]

169,796 Tamil civilians Killed (ITJP, 2021)[7]

70,000 civilians unaccounted (UN, 2012)[8][9][10]
VictimsSri Lankan Tamil Civilians, Sinhalese people, Soldiers
Perpetrators
Motive

War crimes during the final stages of the Sri Lankan Civil War are war crimes and crimes against humanity which the Sri Lanka Armed Forces and the Liberation Tigers of Tamil Eelam (Tamil Tigers) have been accused of committing during the final months of the Sri Lankan Civil War in 2009.[11] The war crimes include attacks on civilians and civilian buildings by both sides; executions of combatants and prisoners by both sides; enforced disappearances by the Sri Lankan military and paramilitary groups backed by them; sexual violence by the Sri Lankan military; the systematic denial of food, medicine, and clean water by the government to civilians trapped in the war zone; child recruitment, hostage taking, use of military equipment in the proximity of civilians and use of forced labor by the Tamil Tigers.[12][13][14][15][16]

A panel of experts appointed by United Nations Secretary-General (UNSG) Ban Ki-moon to advise him on the issue of accountability with regard to any alleged violations of international human rights and humanitarian law during the final stages of the civil war found "credible allegations" which, if proven, indicated that war crimes and crimes against humanity were committed by the Sri Lankan military and the Tamil Tigers.[17][18][19] It also found that as many as 40,000 Tamil civilians may have been killed in the final months of the civil war, a large majority as a result of indiscriminate shelling by the Sri Lankan Army.[20][21] The panel has called on the UNSG to conduct an independent international inquiry into the alleged violations of international law and suspects prosecuted.[22][23][24]

War crimes are prohibited by the Geneva Conventions, of which Sri Lanka is a signatory.[25] In 2002 the International Criminal Court (ICC) was created by the Rome Statute to prosecute individuals for serious crimes, such as war crimes. Sri Lanka is not a signatory of the Rome Statute, so it is only possible for the ICC to investigate and prosecute war crimes in Sri Lanka if the UN Security Council were to refer Sri Lanka to the ICC. Formal Security Council involvement in the case of Sri Lanka, was opposed by the veto members Russia and China, as well as India among other council members.[24] The UN Secretary-General called the Government of Sri Lanka to "respond constructively to the report" and stated that it is important that Sri Lanka set up its own probe for "genuine investigations" into the civil war actions.[24]

The Sri Lankan government has denied that its forces committed any war crimes and has strongly opposed any international investigation. In March 2014 the United Nations Human Rights Council authorised an international investigation into the alleged war crimes.[26][27]

On 21 March 2019 Sri Lanka co-sponsored a resolution made by the UN giving the country a 2-year deadline to establish a judicial mechanism to assess violation of humanitarian international law committed during the civil war.[28]

  1. ^ "Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka". Refworld/United Nations High Commissioner for Refugees. United Nations. 31 March 2011. p. 41. Retrieved 22 March 2021.
  2. ^ "Sri Lanka Marks 10 Years Since Civil War's End". Voice of America. Washington, D.C., U.S.A. Agence France-Presse. 18 May 2019. Retrieved 22 March 2021.
  3. ^ "Sri Lanka starts count of civil war dead". Al Jazeera. Doha, Qatar. Associated Press. 28 November 2013. Retrieved 22 March 2021.
  4. ^ Haviland, Charles (11 January 2011). "Sri Lanka's war panel arouses strong emotions". BBC News. London, U.K. Retrieved 4 July 2021.
  5. ^ "Tamils remember war dead in Sri Lanka". Deutsche Welle. Bonn, Germany. 18 May 2019. Retrieved 4 July 2021.
  6. ^ "Sri Lanka's dead and missing: the need for an accounting". Crisis Group. 27 February 2012. Retrieved 9 June 2020.
  7. ^ Death Toll In Sri Lanka's 2009 War https://itjpsl.com/assets/ITJP_death_toll_A4_v6.pdf
  8. ^ "Report of the Secretary-General's Internal Review Panel on United Nations Action in Sri Lanka". United Nations. November 2012. p. 14. Retrieved 22 March 2021.
  9. ^ Macrae, Callum (3 September 2013). "Sri Lanka: Slaughter in the no fire zone". The Guardian. London, U.K. Retrieved 22 March 2021.
  10. ^ Charbonneau, Louis (15 November 2012). "U.N. failed gravely in Sri Lanka – internal review panel". Reuters. London, U.K. Retrieved 22 March 2021.
  11. ^ "UN to collect evidence of alleged Sri Lanka war crimes". BBC. 23 March 2021. Retrieved 3 December 2023.
  12. ^ "Sri Lanka: US War Crimes Report Details Extensive Abuses". Human Rights Watch. 22 October 2009. Retrieved 17 January 2010.
  13. ^ "Govt.: LTTE Executed Soldiers". The Sunday Leader. 8 December 2010. Archived from the original on 12 December 2010. Retrieved 17 January 2010.
  14. ^ International Crimes Evidence Project (ICEP) Sri Lanka, Island of impunity? Investigation into international crimes in the final stages of the Sri Lankan civil war. (2014) https://piac.asn.au/2014/02/12/island-of-impunity/ p153-175
  15. ^ "Trapped and Mistreated: LTTE Abuses against Civilians in the Vanni". Human Rights Watch. 15 December 2008.
  16. ^ Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka (2011), https://www.securitycouncilreport.org/un-documents/document/poc-rep-on-account-in-sri-lanka.php p65
  17. ^ "Report of the UNSG's panel of experts on accountability in SL". The Island, Sri Lanka. 16 April 2011.
  18. ^ "UN panel admits international failure in Vanni war, calls for investigations". TamilNet. 16 April 2011.
  19. ^ "Summary of UN Panel report". Daily Mirror (Sri Lanka). 16 April 2011. Archived from the original on 19 April 2011. Retrieved 16 April 2011.
  20. ^ Darusman, Marzuki; Sooka, Yasmin; Ratner, Steven R. (31 March 2011). Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka (PDF). United Nations. p. 41.
  21. ^ "Secretary-General's Internal Review Panel on United Nations Action in Sri Lanka" (PDF). United Nations Digital Library. United Nations. November 2012. p. 11. Retrieved 3 January 2022. The COG had prepared a casualty sheet which showed that a large majority of the civilian casualties recorded by the UN had reportedly been caused by Government fire
  22. ^ "Sri Lankan military committed war crimes: U.N. panel". The Hindu. 16 April 2011.
  23. ^ "Leaked UN report urges Sri Lanka war crimes probe". France24. 16 April 2011. Archived from the original on 3 May 2011.
  24. ^ a b c "U.N. chief says can't order probe into Sri Lanka war". Reuters. 26 April 2011. Retrieved 3 December 2023.
  25. ^ Mahalingam, V (12 March 2013). "Sri Lanka: National interests cannot be undermined for regional sentiments". Times of India Blog. Retrieved 5 December 2023.
  26. ^ Nebehay, Stephanie (27 March 2014). "U.N. launches Sri Lanka war crimes investigation". Reuters.
  27. ^ "UN rights council launches Sri Lanka war crimes probe". Times of Oman. Agence France-Presse. 27 March 2014. Archived from the original on 27 March 2014.
  28. ^ "Sri Lanka given two-year deadline to probe war claims". UCA News. Archived from the original on 2 May 2019.

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