Call for Sri Lanka war-crimes probe

The Sri Lankan government and Tamil Tiger rebels both carried out possible war crimes in the final months before their long war ended, a UN report says.

A UN panel, which gathered evidence for 10 months, said tens of thousands died in just the last five months of the war that ended in May 2009.

“Most civilian casualties in the final phases of the war were caused by government shelling,” it said.

It called on UN secretary-general Ban Ki-moon to immediately establish “an independent international mechanism” to investigate.

But Mr Ban said he would only launch an international inquiry into allegations of possible war crimes if the Sri Lankan government agreed, which is highly unlikely, or member states call for a probe.

The UN said he has been advised that he needs government consent or a decision from member states in an international forum.

The secretary-general had sent the report to the Sri Lankan government on April 12 so that he could include its response when it was officially released.

Instead, the report was leaked to The Island newspaper in Sri Lanka on April 17, and the government issued a statement calling it “fundamentally flawed and patently biased” and “presented without any verification”.

Mr Ban’s spokesman said that the Sri Lankan government has not replied to his offer to respond to the report “which nonetheless still stands”.

The panel called on the Sri Lankan government to immediately begin “genuine investigations” into alleged violations of international humanitarian and human rights law committed by both sides.

Mr Ban supported the recommendation, saying “that Sri Lanka should, first and foremost, assume responsibility for ensuring accountability for the alleged violations” and encouraged the government “to respond constructively.”

Under intense international pressure to investigate abuses, Sri Lanka did appoint a Lessons Learnt and Reconciliation Commission last year, but the UN panel said that body does not meet international standards and is compromised by the conflict of interest of several members.

The panel also recommended that Mr Ban conduct a comprehensive review of UN actions during the Sri Lankan conflict focusing on its implementation of mandates to provide humanitarian assistance and protect civilians.

Sri Lanka warned the United Nations last Thursday that publicly releasing the report could harm efforts at post-war ethnic reconciliation.

According to the report, the government “systematically shelled” hospitals in the front lines, and “systematically deprived people in the conflict zone of humanitarian aid, in the form of food and medical supplies, particularly surgical supplies, adding to their suffering.”

The panel said the Liberation Tigers of Tamil Eelam refused civilians permission to leave areas under their control, “using them as hostages”, conscripted civilians, including children as young as 14 years old, and forced civilians to perform labour.

The rebels also shot dead civilians trying to escape the conflict zone and fired artillery from near the civilians provoking retaliatory fire, the report said.