Recently I’ve begun to notice once more a particular sort of post cropping up on my Facebook timeline, most often posted, “liked”, or shared by one of my FB friends. Almost all of these posts are by Sri Lankan Muslims (most of my Muslim friends are Sri Lankan); almost, I say, because the rest are by non-Muslim social workers or activists who are generally anyway more interested in this particular topic than most. The event that seems to have sparked this flurry of posts is the ongoing escalation of the conflict between the state of Israel and the Palestinians. The … Continue reading Does Islam Provide a Stronger Identity than Sri Lanka does?
I think every generation faces its own particular challenges; but the greatest and most defining ones are those of morality and courage. That moment, if missed, condemns that generation — and often many that follow — to a world far more unpleasant and evil than we would wish it to be. For many in the free world of the late 1930s, that moment came with the invasion of Poland and the bombing of Pearl Harbour. It was a moment when my grandfather’s generation had to decide if they would simply stand on the sidelines or go out and fight someone … Continue reading Our Moment of Destiny
Unfortunately, much of history is written by journalists. And Gota’s War is no different. If you’re looking for a military history of Sri Lanka’s war, this is not the book for you. In fact, that book has yet to be written. CA Chandraprema looks at the conflict through the lens of the media — the incidents and events that drew the newspaperman’s eye; albeit a rather right-of-centre Sinhalese nationalist newspaperman. Make no mistake, this is an important book; if for no other reason than that it is the first since the end of the war to cover the conflict in its entirety.
Chandraprema’s use of Gotabhaya Rajapakse’s truncated name in the title, and the description, The Crushing of Tamil Tiger Terrorism in Sri Lanka, is slightly misleading, giving the impression that the book is simply about the Defense Secretary’s role in the final few years of the war. In fact, what Chandraprema does is to use Gotabhaya as both a counterpoint and a parallel to the narrative, particularly in the early stages of the war, when Gotabhaya was a young SL Army officer. Gota’s War is both history and biography, but it is not a natural coupling, and Chandraprema’s attempt to do both in one piece, cripples the scope of the book as a historical work.
In order to keep Gotabhaya central to the narrative, Chandraprema is forced to keep the trench-level view of the war narrow, while looking at some events – the JVP uprisings, the political infighting between the Rajapakses and their opponents – with a detail that is superfluous to the war against the Tamil separatists. Naturally, because of this, the early military confrontations between the Armed Forces and the separatists is confined to descriptions of operations carried out by the Gajaba Regiment, the unit Gotabhaya served most of his military career with. Similarly, this focus on Gotabhaya naturally prevents him examining some of the other influential characters that a true history should have. This is particularly clear in the almost non-existence of Gen Sarath Fonseka in Gota’s War. When he does make a rare appearance, he is depicted, at best, to be a rather passive figure and, often, as a hindrance to the dynamic and practical defense secretary. Fonseka, in Chandraprema’s view, is a Montgomery to Gotabhaya’s Patton, plodding and rigid, petty and selfish. In this, the author has done both Fonseka and his book a great disservice, and is akin to writing the history of the Second World War and leaving out Eisenhower or MacArthur. Similarly, many of the other military officers examined – senior to Gotabhaya the soldier and subordinate to Gotabhaya the defense secretary – are largely those who had the most influence on him. While this is acceptable in a biography, it is certainly not in a history.
The converse of this is that Gotabhaya often disappears from the narrative for long periods, particularly in the ‘80s and ‘90s, when his character isn’t central to events. We have very little indication of Gotabhaya’s personality, or the motivations that drove him; almost nothing of Gotabhaya Rajapakse the man; beyond the most superficial of sketches. This too is a deep flaw in Chandraprema’s book. At the end of Gota’s War, we know hardly more of the defense secretary than we knew at the beginning.
Chandraprema has also come under criticism, both from within the SL Army and without, for playing favourites in his book; for focusing on the feats of certain military officers, unfairly criticizing others, and completely ignoring still others. I will not dwell on this because every author has his own slant and viewpoint, and is entitled to it. To examine motive would be to review CA Chandraprema rather than his writing, and that is not the point of this article. I have mentioned the treatment of Fonseka simply because it is so glaring and obvious a failing.
One thing Chandraprema can be certainly complimented on is his writing style. Gota’s War is 504 pages long, and looks rather daunting when first picked up. However, it is very readable even if you’re not a history buff. The prose is smooth and conversational, the chapters no more than half a dozen pages in length, as fast paced as a novel, and devoid of the stuffiness, cliché, and archaic language many Sri Lankan authors of histories and memoirs feel obliged to write in. Chandraprema even manages to infuse a certain amount of sardonic humour to his writing. The book is solidly bound, and the cover is attractive, if rather unimaginative. The book could do with some better maps, however, in place of the hand-drawn ones at the back, which give no indication of the frontlines, the Tiger- and government-held areas, or the direction of offensives described by Chandraprema. Continue reading “Chandraprema’s War – a Review of Gota’s War“
The eyes stared expressionlessly back at me from the fifteen small pictures, some clear, and some blurred; reflections that only hinted at the men behind those eyes. But sharp or soft, they all looked so innocuous, so devoid of any indication of what they had once seen. So normal. To look into those fifteen pairs of eyes, to read their names on the Wall that held thousands of similar names, was to gain no hint of the impossible acts of bravery that their owners had committed. Acts that would now see them join the eight who had gone before. Twenty-three names for twenty-three men. Twenty-three individual acts of supreme courage, selected out of twenty-eight years of war. The faces were tucked away in the second page of the Sunday Times, and I stared back at them for awhile before reading the short paragraph beneath each. The words were trite, cliched, dry; unable to capture the struggle of courage over fear that must have dominated each man’s last moments; the pain, the heat. And of course, that ultimate singularity, as they stepped forward and died. Alone. That solitude was also what singled them out, along with their courage, for none of them had done what they did as part of a whole, or at the order of someone else. They had each decided alone to do what they did, each for his own reasons.
At this year’s commemoration of the defeat of the Liberation Tigers of Tamil Eelam (LTTE), the government decided to award the Parama Weera Vibushanaya, Sri Lanka’s highest award for bravery (equivalent to the British Victoria Cross and the American Medal of Honour) to fifteen members of the Sri Lankan Armed Forces for courage displayed in combat and, almost without exception, conducted in the last two years of the war. Fifteen may not seem like a huge number, but to give you an idea of its significance, consider that since the PWV was established in 1981, it had been awarded only eight times in the twenty-one years that preceded the Cease-Fire Agreement between the GoSL and the Tigers. Therefore, for it to be awarded over a dozen times in two years is an indication of the intensity of the fighting after the CFA collapsed, and the sacrifices needed to destroy the Tigers; particularly in the last year of combat.
The Presidential Proclamation of 1981 that brought the PWV into effect states that the medal is to be awarded for … individual acts of gallantry and conspicuous bravery of the most exceptional order in the face of the enemy, performed voluntarily whilst on active service and with no regard to the risks to his own life and security with the objective of safeguarding thereby, the lives of his comrades or facilitating the operational aim of his force.
The twenty-three recipients of the PWV are all men and, with few exceptions, young. These are not generals or admirals. They didn’t command thousands of subordinates, or carry out great acts of strategy that would be recorded in military textbooks. Usually, they were in charge of less than a dozen men. Sometimes, not even that; being the youngest and most junior soldiers in their units. Only eleven of them, less than half their number, were officers. Twenty of them were soldiers. Two were sailors. And one an airman. Twenty-one were Sinhalese, one a Moor, and one a Tamil. And all of them are dead. In the eighteen years since the PWV was first awarded in 1991, not a single one of its recipients has ever lived to feel that medal’s weight on his chest or test the military code that requires even the Chief of the Defense Staff to salute, without regard to rank, the wearer of that 32-mm wide crimson ribbon. Some died leading attacks that would drive the enemy back to ultimate defeat; but many died in desperate rearguard actions to ensure that their comrades and friends retreated to safety; and at least one to save the life of a politician. As many of them died to save someone as those who died whilst killing the enemy. Continue reading “Parama Weera”
Last week, I attended a seminar conducted by the Colombo-based Marga Institute, a think tank devoted to studying and influencing human development in Sri Lanka. Marga is in the process of putting together a review of the UN Secretary General’s advisory panel report on Sri Lanka (the well-known Darusman Report), which will analyze several aspects of this document, including its legal credibility; the manner in which it makes its allegations and narrates the series of events that made up the final stages of the war; the recommendations of the report; and, very importantly, the impact all of this will have on the reconciliation process in Sri Lanka, via accountability and restorative justice. The seminar itself was to elaborate on the thinking behind the review, discuss the draft, and possibly include the conclusions of such discussions in the final review.
The seminar was therefore conducted in a series of panel discussions, each looking at a different aspect of the Darusman Report, and each made up of experts in that area. I was there mostly because I was part of the panel looking at the allegations made against the Sri Lankan Armed Forces in their conduct of the final operations to defeat the Liberation Tigers of Tamil Eelam. With me was Arjuna Gunawardene, a defence analyst, writer, and expert in suicide terrorism, and the session was moderated by Asoka Gunawardene of the Marga Institute. While this session began with presentations by both Arjuna and I, it focused around a series of key questions that we had been asked to examine. What I’m now going to do in this blog post is present our view in the form of a Q&A that will include our presentations and the questions that were subsequently put to us by the moderator and the other participants.
In the Darusman Panel’s account of the last stages of the war, and the events that lead to the allegations of war crimes, is the panel’s account complete, or if not complete, adequate, and has it been able to access all sources of information that are essential for coming to fair and just conclusions concerning the events and actions?
The account is certainly not complete, nor adequate, if it is taken as an objective narration of the events. But I believe it isn’t meant to be so, and is a document comparable to a policeman’s request for a search warrant, which sets out to show sufficient suspicion of guilt. However, since the report has been released to the public and is being treated and used as a historical account, its biases and subjectivity must be brought into account.
To be fair and objective, the panel would have needed to interview combatants as well as eyewitnesses to ascertain motive for some of the acts which are alleged to be criminal. It would need to examine the actual scenes of the crimes instead of merely examining photographs. Therefore, in Part I of the report (Mandate, Composition, & Programme of Work), Section D (Interaction with the GoSL), paragraph 22, the panel says that visiting Sri Lanka “was not essential to its work”, thereby confirming that an actual investigation was never its intention.
In spite of this statement, the laying out of the events takes the form of a narrative or historical account, suggesting that it is fact rather than allegation. Footnotes are given to previously documented statements or reports, but there isn’t any indication of where the other information came from. It is, of course, understandable that witnesses cannot be named at this stage, but it is still necessary to indicate what the capacity of an eyewitness was. Was he or she a civilian IDP, an NGO worker, or a journalist? Often, allegations of the use of artillery, cluster munitions, white phosphorous, etc are made without any indication of the source, or what expertise that source may or may not have in determining whether these were indeed the weapons and munitions used.
This is compounded further in the Executive Summary of the report which, for example says in the section Allegations Found Credible by the Panel, “Some of those who were separated were summarily executed, and some of the women may have been raped. Others disappeared, as recounted by their wives and relatives during the LLRC hearings.” By lumping together the unattributed allegations of rape and execution with those made by identified witnesses before the LLRC, the report gives the rape and execution allegations a higher credence which they may not deserve. There are many such similar examples, and it is a strategy subsequently used by the Channel 4 “documentary” Sri Lanka’s Killing Fields, in which footage of identifiable Sri Lankan soldiers committing shocking but non-criminal activities is shown alongside footage of unidentified persons committing obviously criminal acts, thereby implying that all the acts shown are criminal ones committed by identifiable SL Army personnel.
Has the panel examined all possible explanations and interpretations of the events and actions before coming to its conclusions?
The report analyzes certain events and draws conclusions which often do not take into account factors that the report itself acknowledges elsewhere. While legally, the actions of the Tigers may not have any effect on the culpability of the Government of Sri Lanka or the SL Army, in a report which must examine motive, this refusal to examine the impact of Tiger actions on those of the GoSL and the SL Army is indicative of an unwillingness to acknowledge the possibility that there might be motives other than those alleged by the report.
For instance, in the Executive Summary’s conclusion to the allegations, it says, “the Panel found credible allegations that comprise five core categories of potential serious violations committed by the Government of Sri Lanka: (i) killing of civilians through widespread shelling; (ii) shelling of hospitals and humanitarian objects; (iii)denial of humanitarian assistance; (iv) human rights violations suffered by victims and survivors of the conflict, including both IDPs and suspected LTTE cadre; and (v) human rights violations outside the conflict zone, including against the media and other critics of the Government.”
It then goes on to say, “The Panel’s determination of credible allegations against the LTTE associated with the final stages of the war reveal six core categories of potential serious violations: (i) using civilians as a human buffer; (ii) killing civilians attempting to flee LTTE control; (iii)using military equipment in the proximity of civilians; (iv) forced recruitment of children; (v)forced labour; and (vi) killing of civilians through suicide attacks.”
However, there is no attempt to acknowledge the fact that allegations against the Tiger such as “(i) using civilians as a human buffer” and “(iii) using military equipment in the proximity of civilians” would contribute hugely to “(i) killing of civilians through widespread shelling” and “(ii) shelling of hospitals and humanitarian objects”, as the SL Army is alleged to have done.
It is on very rare occasions that the Tiger actions are specifically mentioned in relation to SL Army action. For instance in paragraph 79 of the report it says, “During the ninth and tenth convoys, shells fell 200 metres from the road, and both the SLA and LTTE were using the cover of the convoys to advance their military positions,” and then goes on to say in paragraph 86, “The LTTE did fire artillery from approximately 500 metres away as well as from further back in the NFZ,” without acknowledging that it was this very tendency of the Tigers to fire artillery and other weapons from close proximity to the civilians that was bringing in counter-battery fire 200 metres away.
500 metres is not a huge distance in such a restricted battle space, and it is very possible for even a single shell, or two or three, that could have devastating effect on concentrated civilians, to fall 500 metres off target. One or two shells could kill and injure a hundred civilians, and seem to indicate deliberate intent even when it isn’t so intended. Continue reading “The Holes in the Darusman Defence — Examining the Probable Events”
In June 2010, UN Secretary General Ban Ki Moon appointed a panel to investigate and and advise him on the possibility of large scale human rights violations in the closing stages of the war in Sri Lanka, primarily in the first quarter of 2009. This was done close on the heels of the UN Human Rights Council’s rejection of a call by advocacy groups for a full-scale international investigation. Ban appointed his Special Rights Investigator to North Korea, Marzuki Darusman, as the panel’s chair and, in April 2011, the panel released its report. This report has been variously viewed by the different parties. At one end of the spectrum it is seen as totally biased and unfair by the government of Sri Lanka, and at the other end as proof of genocide by the Tamil nationalists. Somewhere in the middle, most balanced observers have seen it as a scathing indictment against both the victorious Sri Lankan military and the defeated Liberation Tigers of Tamil Eelam (LTTE). Certain international advocacy groups such as Amnesty International, the International Crisis Group, and Human Rights Watch, then immediately mounted a media campaign accusing the GoSL of war crimes, and one particularly contentious issue is that in this campaign, the panel’s use of the phrase “credible allegation” has been replaced by that of “credible evidence”, giving the impression that the panel has evidence of war crimes committed by the GoSL. The recently aired Channel 4 documentary, Sri Lanka’s Killing Fields, opens with this lie.
In reality, the panel uses the phrase only twice; in the positive, saying that it had credible evidence that superiors in the Sri Lankan chain of command were responsible for any violations committed by their subordinates; and in the negative, claiming to have no credible evidence of the LTTE’s use of human shields. Everywhere else, the term used is that of credible allegations. At no point does the Darusman Report reveal what evidence it examined, which portions were deemed credible, and which portions were rejected. Nor does it explain how an allegation was deemed credible, and whether this credibility was based on actual evidence, eyewitness testimony, or both. In spite of this, legal minds contend that credible evidence is necessary for an allegation to be termed credible, though it is unclear as to how the Darusman panel adjudged credibility.
Let’s take the statement by the panel that they cannot find credible evidence of the Tigers using civilians as human shields. This is what the report says:
“…With respect to the credible allegations of the LTTE’s refusal to allow civilians to leave the combat zone, the Panel believes that these actions did not, in law, amount to the use of human shields insofar as it did not find credible evidence of the LTTE deliberately moving civilians towards military targets to protect the latter from attacks as is required by the customary definition of that war crime (Rule 97, ICRC Study).”
Rule 97 of the Customary International Humanitarian Law, as set out by the ICRC, prohibits the use of human shields, and is based on a number of customary practices, international conventions, military manuals, and state laws which are cited in support of Rule 97.
Now, given that in addition to eyewitness testimonies to the fact, there exists video footage shot by unmanned aerial vehicles (UAVs) of the Sri Lanka Air Force which clearly show violations of Rule 97, the Darusman report seems to fly in the face of the actual evidence. Continue reading “Why does the Darusman Panel Ignore Evidence of War Crimes?”
This week Lockheed Martin won a $6.9 million contract from the US Defense Advanced Research Projects Agency (DARPA) to further develop a system that is said to radically increase a sniper’s chances of achieving a first shot kill in daylight or darkness. Lockheed Martin has agreed to deliver fifteen field-testable prototypes of the new weapon system by October 2011.
With the lengthy US involvement in Iraq and Afghanistan, there has been an increasing demand for trained snipers and designated marksmen, far more than the American sniper schools can produce. Today, many of the American snipers operating in the cities of Iraq and the mountains of Afghanistan are not school-trained. They’ve learned their stuff on the job, from other snipers. Part of the reason for this lack of school-trained snipers is the length of time needed to train a sniper — between eight to ten weeks — a lot of it devoted to the skills needed to shoot at long range; skills that a sniper must retain because no piece of equipment is available to replicate it.
Warfare has changed a lot in the last one hundred years. We’ve seen the warplane develop from a struggling motorized kite with less horsepower than a lawnmower, to a near-invisible death-dealing robot that can be controlled from halfway across the world. We’ve watched as the lumbering cast iron box of Amiens became the sleek, fast and efficient killing machine that is the modern main battle tank (MBT). We’ve seen the rise of the all-steel battleship, the king of the sea, and watched it humiliated and exiled into obsolescence by the aircraft carrier, the greatest single weapon of naval power projection the world has ever seen. We’ve watched aerial ordnance develop from hand-held bombs no larger than a light mortar shell into the nuclear monsters that leveled Hiroshima and Nagasaki, before going on to become virtually controllable missiles that can differentiate between your house and your neighbour’s. Soldiers no longer need to trudge through the mud as they did on the Somme, or race their horses through machine-gun fire as they did at Spion Kop; they ride into battle — by land, sea, or air — ferried over obstacles and armoured against the enemy’s fire.
To cope with the changing technology, warriors have had to be more intelligent and literate, trained for longer and with ever greater expense. Militaries today must maintain an ever growing component of support and technical personnel that have far surpassed that of the number of fighting men. In fact, in a modern multi-arms force, the warriors are in the minority, outnumbered by technicians, IT specialists, mechanics, and electronics experts. Even a lowly grunt in a western army today must have a basic working knowledge of computers, the ability to communicate over various networks, and operate electronic systems. Continue reading “One Shot, One Kill — Guaranteed?”
There’s been a lot of discussion and drama around the UN Secretary General’s advisory panel on Sri Lanka, it’s validity, necessity, and legality. These have ranged from newspaper editorials to street farce. Rather than adding my own narrative to this, I thought I’d reproduce some of the conversations that have been taking place online. This particular one emerged in the comment thread of one of Indi’s posts on the matter, and amongst other things, discusses Star Trek. The debate can be seen in whole on that blog, but I’ve just selected a portion of it that I think highlights some of the viewpoints, as well as a lot of the fallacies. It often gets off the topic, but in order to avoid being accused of manipulation, I haven’t edited any of the comments.
Mahinda: This whole mess was created by our dearly beloved Mahinda & Co. in the run up to the Presidential Elections.
Our General (who has a bit of a bad habit of speaking his mind sometimes, even when it may not be appropriate) mentioned to Indi’s boss, the Jansz woman, that he had information that our friend Gota issued a silly order to a certain Major General to “shoot any LTTE personnel, even if they were trying to surrender waving white flags”. The General went on to add that no such thing occurred on the ground, and that he himself took responsibility for actions of the Sri Lankan Army during the final stages of the war, as the serving Commander of the Army. I think the General was just getting involved in a spot of character assassination here, and to try and show the public what sort of man our Gota is, in his opinion. Our Frederica immediately got extremely wet, sensing an opportunity to flog a few more copies of her rag with a controversial exclusive. She wrote and published her infamous story, presumably omitting bits she felt would have lessened the impact of the controversy. The General and his media team, understandably upset, issued a correction, stressing that the General was certain, as a Commander who had direct contact and control with and over troops on the ground, that no acts in contravention of the Geneva Convention were committed by the SL Army. Frederica made some noises to the effect that she had a tape recording of the interview and that he actually said war crimes had been committed, but seeing as she has failed to produce the said tape, I suppose we can write this off as a little white lie.
Philip Alston also got wind of the Jansz woman’s controversial article, and was obliged to contact the Sri Lanka Ministry of Disaster Management and Human Rights regarding the article. The Secretary of the said Ministry at the time, (who was, unusually for a Secretary to a Sri Lankan Ministry, an Oxbridge educated, presumably intelligent man) promptly replied to Alston saying that the article was erroneously published and that the General had issued a correction claiming that no one waving a white flag trying to surrender was shot by SL Army troops.
However, Team Mahinda & Co. had other ideas-they retracted the reaction of the Secretary to the Ministry of Human Rights and Disaster Management (which would have solved the whole problem) and turned the issue into a political drama to dupe the easily fooled masses. They even went as far to publish full page ad’s of a noose with the caption “don’t vote in the man who will send our brave soldiers to the gallows”. And lo and behold, the highest ranked serving Officer in the history of the SL Army, the man credited with ending the war, became a traitor who betrayed the country (this was similar to the process by which Ranil, the man who convinced Karuna to defect along with his eastern LTTE types, which weakened and lead to the defeat of the LTTE, became a “deshadrohiya”). Continue reading “The Ban Panel — to Ban or Not?”
Part 6 of the UTHR(J) Special Report No 34: Protecting Crime by Criminalising an Entire Populace
Welcome to Snake Farm
Although the plight of the IDPs in Manik farm has received considerable media attention, an aspect of the IDP situation that has received little attention, illustrates best the rationale behind mass detention of IDPs. Until mid-March 2009, IDPs with the most serious injuries from shelling and bombing who were evacuated from the NFZ by the ICRC, with their care givers, landed at Trincomalee. Trincomalee is a place where most Tamils have social contacts in the local civil society, its hospital and in the government administration. It is also a place with several foreign organisations and is frequented by foreigners.
Trincomalee thus became a major point of information exchange about how the war affected civilians, but this was not a situation the Sri Lankan government appeared happy about.. During the early half of March 2009, Amos Roberts of Australia’s SBS spoke to Major General Palitha Fernando, the military liaison officer in Trincomalee. The latter informed Roberts that there was ‘absolutely no problem in visiting Trincomalee’, but added that it is not possible to interview wounded people who have been evacuated from the war areas and brought to Trincomalee. Asked why, Maj. Gen. Fernando replied, “That’s the way we want it, Simple answer.” Continue reading “Protecting Crime by Criminalising an Entire Populace”
Part 5 of the UTHR(J) Special Report No 34: The Population Game: Disappeared on Paper and Killed with Cannon
For a government’s claim to have accomplished the ‘hostage rescue’ with zero civilian casualties to carry conviction, it should have had some idea in advance of how many hostages it had to rescue and where they were. Minimally it had to ensure that they did not starve. It was basic intelligence, and indeed administrative work, to determine how many there were, and where. After all it is the government of these people, with administrators in the area whom it regularly met formally and informally and who would have told them where matters stood even when local records were flawed. Tamil administrators were worthy of at least that little respect. By rejecting their word the Government was deliberately or through incompetence preparing to act blindly.
The Government’s cavalier attitude to the lives of the trapped people is revealed by its unacceptably low figures for the displaced population, and is further illustrated by its claim on 17th May before the final free-for-all that 50 000 civilians had come out of the NFZ and all the civilians had been rescued. After the final bash it announced on 18th May: “Despite the speculations of a ‘bloodbath’ and a ‘humanitarian catastrophe’ at the final military push Sri Lankan soldiers were able rescue about 70,000 people within the last 72 hours without causing any harm to the innocent” (defence.lk). In fact 29 000 civilians were transported from the battlefield to Chettikulam Zone 4 from 18th May and 1400 injured civilians to Padaviya Hospital. Civilians were coming out of the war zone until at least 20th May 2009. This means there must have been nearly 35 000 civilians left when the Government said on the 17th afternoon there were none. Continue reading “Disappeared on Paper”