Parameters for international investigations into Sri Lanka’s war

(Jan Jananayagam, Tamil Guardian)There has been some convergence between Tamil and international demands for an independent international investigation into the events of 2009 in Sri Lanka. The international community now largely supports the view that the manner in which the last stages of the war in Sri Lanka were fought may constitute crimes against humanity.

The Office of War Crimes of the United States Department of State, for example, states at the outset of its 2009 report on Sri Lanka that “on further congressional direction, [the report] focuses on reports of alleged conduct which may constitute violations of International Humanitarian law (IHL) and/or crimes against humanity occurring during a period of especially intensive fighting, from January through May 2009”.

The International Crisis Group report of 2010 says (p24): “The government’s alleged actions concerning the supply of food and medical care to civilians including alleged attacks on humanitarian operations and hospitals deserves separate attention. They ... certainly raise the questions of whether individuals may also be responsible for Crimes Against Humanity.”

The People’s Tribunal on Sri Lanka held in Dublin in January 2010 also made findings that crimes against humanity had taken place. It found that forced disappearances and violations committed in the camps holding internally displaced persons during and after the war “clearly constitute ‘crimes against humanity’, as defined in the Rome Statute, Article 7”

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