Posted By Colum Lynch Share

During the past year, the U.N. has launched independent investigations into possible war crimes in Ivory Coast, Libya and Syria.

But in Sri Lanka, where as many as 40,000 civilians were killed in the final phases of the country's civil war, the U.N. has been unable to muster support for an independent investigation into atrocities.

So why has Sri Lanka been different? The scale of killing -- perhaps the worst spasm of violence committed by any government under U.N. Secretary General Ban Ki-moon's and President Barack Obama's watch -- far surpasses the death toll from government crackdowns during the Arab Spring. And a U.N. panel established by Ban to assess Sri Lanka's commitment to hold perpetrators of mass crimes accountable has concluded that the government has failed after three years to demonstrate that it is prepared to conduct a credible accounting.

The panel's findings, which were released last April, constituted a devastating indictment of the country's military conduct during the final stage of the 28-year war. The panel accused government forces of shelling hospitals, no-fire zones and U.N. facilities, and blocking the delivery of humanitarian aid to victims of the war. It also accused the separatist Tamil Tigers of committing gross human rights abuses, particularly by using civilians as human shields. The three-member panel recommended Ban set up an "independent international mechanism" to probe "credible" allegations of crimes against humanity by both sides in the conflict.

But the U.N. Security Council has shown little inclination over the past year to confront Sri Lanka over its conduct. And neither Ban nor the United States have thrown their prestige behind a plan to establish a commission of inquiry.

Instead, the international community has looked to the Sri Lankan government to do the job itself. The U.N. has awaited the conclusion of a Sri Lankan inquiry by the so-called Lessons Learned and Reconciliation Commission before rendering a judgment over the government's commitment to pursue alleged war criminals.

The commission recently concluded its work, producing a final report that garnered some mild praise from the U.N. and the United States, but failed to convince either that its efforts constituted a credible effort to hold perpetrators accountable for their crimes. "The report falls short on addressing allegations of violations of international humanitarian law by both sides in the conflict," Secretary of State Hillary Clinton recently wrote in a letter to Sri Lankan Foreign Minister G.L. Peiris.

The Sri Lankan government launched an all-out offensive in 2008 in an effort to crush the Tamil Tigers, one of the world's most violent and ruthless insurgencies. The operation, which centered on a Tamil stronghold in the Vanni region of Sri Lanka, succeeded in wiping out the armed movement in May 2009. But the operation took a devastating toll on ethnic Tamil civilians, who were largely trapped between the rival forces.

Shortly after the conflict ended, Sri Lankan President Mahinda Rajapaksa, facing a push by the U.N. Human Rights Commissioner to establish an international commission of inquiry, persuaded Ban to strike an agreement allowing Sri Lanka's authorities to do the job. Sri Lanka established the Lessons Learned and Reconciliation Commission to examine conduct by both sides in the final stage of the 28-year-old civil war.

Steven Ratner, one of three members of a panel established by Ban to assess the Sri Lankan commission's progress, spoke on behalf of the panel earlier this month when he told diplomats and human rights advocates in New York that the commission had taken some positive steps, including its affirmation of the government's responsibility for prosecuting perpetrators of the worst crimes. But he said it failed to make "bona fide" effort to ensure perpetrators are held accountable, according to an official present at the meeting.

The U.S. ambassador to the U.N. Human Rights Council, Eileen Donahoe, echoed some of the panel's findings, announcing today that she would press for the adoption of a resolution in the Human Rights Council that will call on Sri Lanka to undertake a more "credible accountability" effort.

"We believe there cannot be impunity for large-scale civilian casualties, and that if there is to be real reconciliation it must be based on an accounting of the truth," she said. "We are saying that you have to show your citizens that you will not just be taking this report and putting it in a drawer."

But Donahoe also made it clear that Sri Lanka would bear the responsibility.

Donahoe said that the effort to rally support for action in Sri Lanka has been more difficult than in places like Libya and Syria because the atrocities occurred years ago.

"We could have, of course, followed the proposal of the NGOs and others to ask for a [international] commission of inquiry, basically say that the domestic efforts had not been valuable," she said, "There was a question of the likelihood of success...We have to be pragmatic. What can we do?"

The U.S. action was welcomed by human rights activists, who said it marked the first time the Human Rights Council had demanded Sri Lanka take substantive action. Nearly three years ago, the Geneva-based rights body rejected a proposal by U.N. High Commissioner for Human Rights Navi Pillay to set up a commission of inquiry, and instead adopted a resolution commending Sri Lanka for its victory over the Tamil Tigers.

James Ross, the legal and policy director for Human Rights Watch, said that while his organization favors the establishment of an independent commission of inquiry for Sri Lanka, he sees the U.S. move as the beginning of a process that holds the promise of bringing about some degree of justice for victims.

Follow me on Twitter @columlynch.

S.KODIKARA/AFP/Getty Images

 

DILNIR

12:18 PM ET

February 24, 2012

Justice

Yes, odium on the government of Sri Lanka for forcing an end to the use of suicide bombings, forcible recruitment of children, extortion of funds, extra-judicial killings, international terrorism,.. All minor details laid to the account of the Liberation Tigers Of Tamil Eelam. How dare they?

For that is the real crime of the Sri Lankan government. Its principled refusal to permit outside powers to dictate the pace of military operations as well as ceasing them when asked. Previous truces with the LTTE fell apart just as soon as that organisation felt itself ready to create a Tet 1968 moment. Oddly, the LTTE wasn't in the habit of listening to anybody much about anything at all.

There were various foreign parties always ready to give the LTTE a helping hand. The British, ever mindful that the Tamil population had ardently been a part of the iron frame that was colonial adminstration. Several petty politicians in the US, happily accepting blood-covered monies from variious Tamil figures. And countries in South-East Asia with weapons to sell.

And so it goes.

The world is better off without the fat Führer of the LTTE, not so speak of his fellow dead bottom-feeders. There are victims everywhere, so knock off a search for justice that is a petty quest for reprisal and jhelp victims in a concrete fashion.

 

ENNAM

1:42 AM ET

February 25, 2012

Bringing Justice to Sri Laka Tamil victims

The world and Buddhism will better off without Sri Lanka and its Buddhists - left the goals and teachings of Buddhism - used the butcheries activities of the uncivilized place from they came from - win the independence with the help of the Tamils - conducted integral part of Genocide supported by the government communal holocausts of Tamils in 1956, 1958, 1961, 1974, 1977, 1979, 1981 and July 1983 – (to destroy the ethnic identity, Buddhists state aided colonization took almost 3000 sq. miles of Tamil land mostly in the East. - "Sinhala language only" act put in place in 1956 further marginalizing the Tamils and their language, hence the cut down their opportunities. Tamil protest were suppressed by brutal force of the Government and anti -social gonada elements to gain self-centered Buddhist nation The President – a Sinhalese Buddhist, The Prime Minister - a Sinhalese Buddhist, Opposition leader - a Sinhalese Buddhist, Commanders of army, navy, air force - a Sinhalese Buddhist, Inspector of Police - a Sinhalese Buddhist, Attorney General - a Sinhalese Buddhist, Armed forces – 99% Sinhalese, Public Service - 95% Sinhalese, Diplomatic service – 95% Sinhalese, Admission to Law Schools – 95% Sinhalese, Universities staff and students – 85 % Sinhalese, Political Prisoners in Sri Lanka Prisons – 99% Tamils, Arrested, Killed, Disappeared, Raped and displaced – 99% Tamils) - 1970 Discriminatory selective device for university education to cut down Tamils students admission – The planed Genocide resulted in Over 100, 000 Tamils have killed - over 50, 000 Tamils have injured - over 28,000 Tamils have disappeared - over 12,600 Tamil girls, ladies and women have Raped - over 1.2 Million Tamils have displaced (internally and externally) - over 2 000 churches and temples are destroyed in Tamil homeland - over Ten billion USD worth of properties owned by Tamils have destroyed ") - named the civilian brave youngsters who took arms to protect their elders sufferings from the butcheries Sri Lankan Buddhists as Terrorists – Used the geographical position of Ceylon and propaganda of lies to convince and the greedy major international powers to name those great freedom fighters LTTE as “Ruthless group” like this copycat columnist (LTTE attacks never aimed at the civilians – never touched a Sri Lankan Buddhist woman – gain after gain they initiated peace talks to save the innocent and poor South Sri Lankan youngsters and blood shed of every group) – LTTE failed in peace talks by the continued cheating of the greedy international players between 2001 – 2008 (Now the columnist appeal to the same veto powered international players and to bring Justice to Sri Lanka Tamils, well they will if there is any gain like Iraq, Libya but not to people like Palestinians)

 

SRIVAN

6:57 PM ET

February 24, 2012

Bringing justice to Sri Lanka's victims

The killing of at least 40,000 Tamil civilians using WMDs and shell fire, the rendering of some 300,000 other Tamil civilians in concentration camps was no light matter but the planned result of a genocidal regime with well heeled racist and religious state agenda inherited over time. Herein lies the true markings of a badly failed state with blood of innocent men, women and children on its hands. It may have got away on the previous occasion by citing sovereignty and promising to do its own inquiry through a self-appointed Commission but its Report failed far short on the vital issue of accountbility for war crimes and gross human rights abuses. Sri lanka has a despicable record on carrying out its own investigations over decades. It is high time the UNHRC takes notice of its past actions and present failures and press for an independent investigation into some of the worst abuses of human conduct since the Rwandan genocide. Why should any state baulk at achieving the truth of the matter. It has got away once too often with crass impunity.

 

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8:46 PM ET

February 26, 2012

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CHARLTONEDGAR

1:55 PM ET

March 23, 2012

For that is the real crime of

For that is the real crime of the Sri Lankan government. Its principled refusal to permit outside powers to dictate the pace of military operations parentingblog as well as ceasing them when asked. Previous truces with the LTTE fell apart just as soon as that organisation felt itself ready to create a Tet 1968 moment. Oddly, the LTTE wasn't in the habit of listening to anybody much about anything at all.

 

Longtime Washington Post correspondent Colum Lynch reports on all things United Nations for Turtle Bay.

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