US urges Sri Lanka to probe, prosecute possible war crimes

The United States on Thursday October 22 urged Sri Lanka to probe and possibly prosecute those behind war crimes alleged to have occurred this earlier year.

State Department spokesman Ian Kelly urged Sri Lanka to take steps to "thoroughly investigate" what are "credible" claims of atrocities committed by government forces and the Liberation Tigers – claims contained in a new department report.

"The government of Sri Lanka has said that they are determined to establish a reconciliation process with the people of the north, but we believe strongly that a very important part of any reconciliation process is accountability," said Kelly.

"This report lays out some concerns that we have about how this military operation was conducted," Kelly said.

The report to the Senate detailed a day-by-day account and said the alleged incidents in the final stages of war may constitute "violations of International Humanitarian Law (IHL) or crimes against humanity and related harms."

But it said the report "does not reach legal conclusions" as to whether such incidents actually amount to violations of the laws of war. Nor does it conclude that the incidents mentioned actually occurred.

The 70-page report was compiled from intelligence reports from the US embassy in Colombo, text messages and photographs from the war zone, foreign government sources and reports from human rights and media organisations.

The allegations are "based on reporting by the embassy, by international organizations on the ground out there, and by media and NGOs (non-government organizations)," Kelly said.

"We believe that they are... credible," the spokesman added.

“Information concerning the majority of incidents cited in this report originated in first-hand accounts communicated by persons from within the government-declared No Fire Zones and locations close to the fighting,” said a press release issued with the report.

The report was submitted in accordance with the 2009 Supplemental Appropriations Act, which directed the secretary of state to submit a report "detailing incidents during the recent conflicts in Sri Lanka that may constitute violations of international humanitarian law or crimes against humanity, and, to the extent practicable, identifying the parties responsible."

The act also instructed the U.S. government to cut off financial support to Sri Lanka, except for basic humanitarian aid, until the Sri Lankan government respected the rights of internally displaced persons, accounted for persons detained during the fighting, allowed humanitarian organisations and the media access into affected areas, and implemented policies to promote reconciliation and justice.

The report listed Common Article 3 of Geneva Conventions, statutes of International Criminal Tribunal for the former Yugoslavia (ICTY), and Rwanda (ICTR), and the statutes of International Criminal Court (ICC) as "useful foundation for reviewing the conduct" described in the State Department's report.

"Ultimately, as appropriate, (they should) bring to justice those who are found guilty," Kelly told reporters following publication of the report which was sent to Congress on October 21.

The report covered the period from January - when fighting intensified - until the end of May, when Sri Lankan troops defeated the Liberation Tigers of Tamil Eelam (LTTE).

It cited reports in which government troops or government-backed paramilitaries "abducted and in some instances then killed Tamil civilians, particularly children and young men."

The report also said not enough food, medicine and clean water reached a no-fire zone and civilian camps even though the government had pledged to guarantee sufficient supplies there.

The report describes a hellish scene, in which a no-fire zone crowded with civilians was struck by sustained shelling and bombing.

One source in the no-fire zone estimated that 100 people a day were dying in Sri Lankan army shelling and bombing. Another source said hospital facilities in the area were continually struck by shells, even though their locations had been carefully reported to the government.

According to a report cited, a congested civilian area of the no-fire zone came under heavy shell attack, killing hundreds of civilians.

The report also detailed allegations in which the LTTE took boys and girls to join their force and in which government forces broke a ceasefire.

The report used Satellite imagery evidence as a tool to fill the information vacuum engineered as a result of the Sri Lankan government refusing to allow reporters and aid workers into the region.

The report cites footage of Sri Lankan forces executing nine bound and naked Tamils in January - which the government says was forged - and killings of young men rounded up in safe zones. The report mentioned that independent investigations into the footage are still to be carried out to establish its authenticity.

The report also gives prominence to the alleged execution of members of the LTTE political section while surrendering to the Sri Lanka military. The US embassy and other governments reported that Tamil political leaders were killed while surrendering, the report said.

"The United States recognizes a state's inherent right to defend itself from armed attacks, including those from non-state actors such as terrorist groups," the report said in its executive summary.

"The United States also expects states and non-state actors to comply with their international legal obligations," it added.

"This report compiles alleged incidents that transpired in the final stages of the war, which may constitute violations of international humanitarian law or crimes against humanity and related harms," it said.

“The United States looks to the Government of Sri Lanka to identify an appropriate and credible mechanism and initiate a process for accountability,” said the statement that accompanied the report. 

Legal experts pointed out that under basic rules of international criminal law, the US has to give the Sri Lankan government the opportunity to investigate itself credibly, and that, further steps are warranted by the international community, if and when Sri Lanka fails or refuses to do so, reported TamilNet.