The Case Study of Sri Lanka and the Collective Action Theory of Genocide
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Report of the Secretary-General's
REPORT OF THE SECRETARY -GENERAL ’S INTERNAL REVIEW PANEL ON UNITED NATIONS ACTION IN SRI LANKA November 2012 Contents I. The Secretary-General’s Internal Review Panel ............................................................................. 4 II. The events and United Nations actions ………………………………………………………......... 5 A. Lead up to the final stages 2007/2008............................................................................................ 5 B. The Final stages – August 2008/May 2009 ................................................................................... 8 C. The Aftermath – May 2009 onward................................................................................................ 14 III. Assessment of United Nations action to meet its protection and humanitarian responsibilities in Sri Lanka ………………................................................................................................................. 17 A. Assessment of UN action: dilemmas and responsibilities ..………………………....................... 17 1. Relocation …………………………………………………………………………................ 17 2. Humanitarian access and obstructions to humanitarian assistance ………………................. 18 3. International human rights and humanitarian law in protection and humanitarian action ...... 18 4. Oversight, management and coordination of United Nations action and responsibilities ...... 22 5. UN political engagement and the responsibilities of Member States …….............................. 24 6. UN failure …………………………………………………………………........................... -
Report of the OHCHR Investigation on Sri Lanka (OISL)* **
A/HRC/30/CRP.2 Advance Version Distr.: Restricted 16 September 2015 English only Human Rights Council Thirtieth session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Report of the OHCHR Investigation on Sri Lanka (OISL)* ** * Reproduced as received ** The information contained in this document should be read in conjunction with the report of the Office of the United Nations High Commissioner for Human Rights- Promoting reconciliation, accountability and human rights in Sri Lanka (A/HRC/30/61). A/HRC/30/CRP.2 Contents Paragraphs Page Part 1 I. Introduction ............................................................................................................. 1–13 5 II. Establishment of the OHCHR Investigation on Sri Lanka (OISL), mandate and methodology ............................................................................................................. 14–46 7 III. Contextual background ........................................................................................... 47–103 12 IV. Overview of Government, LTTE and other armed groups...................................... 104–170 22 V. Legal framework ..................................................................................................... 171–208 36 Part 2– Thematic Chapters VI. Unlawful killings ..................................................................................................... 209–325 47 VII. Violations related to the -
Report of the Secretary-General's Panel Of
REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA 31 March 2011 REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA Executive Summary On 22 June 2010, the Secretary-General announced the appointment of a Panel of Experts to advise him on the implementation of the joint commitment included in the statement issued by the President of Sri Lanka and the Secretary-General at the conclusion of the Secretary-General’s visit to Sri Lanka on 23 March 2009. In the Joint Statement, the Secretary-General “underlined the importance of an accountability process”, and the Government of Sri Lanka agreed that it “will take measures to address those grievances”. The Panel’s mandate is to advise the Secretary- General regarding the modalities, applicable international standards and comparative experience relevant to an accountability process, having regard to the nature and scope of alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka. The Secretary-General appointed as members of the Panel Marzuki Darusman (Indonesia), Chair; Steven Ratner (United States); and Yasmin Sooka (South Africa). The Panel formally commenced its work on 16 September 2010 and was assisted throughout by a secretariat. Framework for the Panel’s work In order to understand the accountability obligations arising from the last stages of the war, the Panel undertook an assessment of the “nature and scope of alleged violations” as required by its Terms of Reference. The Panel’s mandate however does not extend to fact- finding or investigation. -
Humanitarian Operation Factual Analysis July 2006 – May 2009
HUMANITARIAN OPERATION FACTUAL ANALYSIS JULY 2006 – MAY 2009 MINISTRY OF DEFENCE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA HUMANITARIAN OPERATION FACTUAL ANALYSIS JULY 2006 – MAY 2009 MINISTRY OF DEFENCE JULY 2011 DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Humanitarian Operation—Factual Analysis TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY 1 A. Overview of this Report 1 B. Overview of the Humanitarian Operation 1 PART ONE II. BACKGROUND 4 A. Overview of the LTTE 4 B. LTTE Atrocities against Civilians 6 C. Use of Child Soldiers by the LTTE 10 D. Ethnic Cleansing Carried out by the LTTE 10 E. Attacks on Democracy by the LTTE 11 F. The Global Threat posed by the LTTE 11 G. Proscription of the LTTE 12 III. SIZE AND SCOPE OF THE LTTE 13 A. Potency of the LTTE 13 B. Number of Cadres 14 C. Land Fighting Forces 14 D. The Sea Tiger Wing 17 E. The Air Tiger Wing 20 F. Black Tiger (Suicide) Wing 22 G. Intelligence Wing 22 H. Supply Network 23 I. International Support Mechanisms 25 J. International Criminal Network 27 – iii – Humanitarian Operation—Factual Analysis Page IV. GOVERNMENT EFFORTS FOR A NEGOTIATED SETTLEMENT 28 A. Overview 28 B. The Thimpu Talks – July to August 1985 29 C. The Indo-Lanka Accord – July 1987 30 D. Peace Talks – May 1989 to June 1990 32 E. Peace Talks – October 1994 to April 1995 33 F. Norwegian-Facilitated Peace Process – February 2002 to January 2008 35 G. LTTE Behaviour during 2002–2006 37 PART TWO V. RESUMPTION OF HOSTILITIES 43 VI. THE WANNI OPERATION 52 VII. -
12 Manogaran.Pdf
Ethnic Conflict and Reconciliation in Sri Lanka National Capilal District Boundarl3S * Province Boundaries Q 10 20 30 010;1)304050 Sri Lanka • Ethnic Conflict and Reconciliation in Sri Lanka CHELVADURAIMANOGARAN MW~1 UNIVERSITY OF HAWAII PRESS • HONOLULU - © 1987 University ofHawaii Press All Rights Reserved Manufactured in the United States ofAmerica Library ofCongress Cataloging-in-Publication-Data Manogaran, Chelvadurai, 1935- Ethnic conflict and reconciliation in Sri Lanka. Bibliography: p. Includes index. 1. Sri Lanka-Politics and government. 2. Sri Lanka -Ethnic relations. 3. Tamils-Sri Lanka-Politics and government. I. Title. DS489.8.M36 1987 954.9'303 87-16247 ISBN 0-8248-1116-X • The prosperity ofa nation does not descend from the sky. Nor does it emerge from its own accord from the earth. It depends upon the conduct ofthe people that constitute the nation. We must recognize that the country does not mean just the lifeless soil around us. The country consists ofa conglomeration ofpeople and it is what they make ofit. To rectify the world and put it on proper path, we have to first rec tify ourselves and our conduct.... At the present time, when we see all over the country confusion, fear and anxiety, each one in every home must con ., tribute his share ofcool, calm love to suppress the anger and fury. No governmental authority can sup press it as effectively and as quickly as you can by love and brotherliness. SATHYA SAl BABA - • Contents List ofTables IX List ofFigures Xl Preface X111 Introduction 1 CHAPTER I Sinhalese-Tamil -
The Taming of the Tigers Contemporary Battlefield Assessment of the April 2017 Counterinsurgency in Revised, April 2020* Sri Lanka
An MWI The Taming of the Tigers Contemporary Battlefield Assessment of the April 2017 Counterinsurgency in Revised, April 2020* Sri Lanka Lionel Beehner Liam Collins Steven Ferenzi Mike Jackson Contents About the CBA & Acknowledgements .......................................................................................................... 2 Executive Summary ....................................................................................................................................... 5 Section I: Introduction .................................................................................................................................. 6 Methodology & Case Selection ................................................................................................................ 7 Outline of Report ...................................................................................................................................... 8 Background of the War ............................................................................................................................. 8 India’s Involvement in the War .............................................................................................................. 10 Explaining the Success of the Tigers’ Insurgency ................................................................................... 12 Section II: Lessons from Sri Lanka’s Counterinsurgency ............................................................................. 14 Lesson 1: Force Structure Adaptations -
Sri Lanka's Assault on Dissent
SECURITY WITH HUMAN RIGHTS SRI LANKA’S ASSAULT ON DISSENT Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2013 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2013 Index: ASA 37/003/2013 English Original language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo : Police use water cannon on peaceful demonstrators protesting against rising fuel costs in Colombo, Sri Lanka, February 2012. © AP Photo/Eranga Jayawardena amnesty.org CONTENTS I. INTRODUCTION ............................................................................................................7 Methodology ................................................................................................................10 The right to freedom of expression, peaceful assembly and association in Sri Lanka........10 II. -
Kamal Gunaratne Secretary of Defence Sri Lanka
KAMAL GUNARATNE SECRETARY OF DEFENCE SRI LANKA Dossier December 2019 1 MAJOR GENERAL (RET.) GABADAGE DON HARISCHANDRA KAMAL GUNARATNE 53 Division Commander in 2009 Currently Secretary of Defence and Sri Lankan Army Reserve Force. 2 SUMMARY Sri Lanka’s new secretary of defence commanded one of the most important military divisions in the 2009 war in the Vanni when the United Nations says there are reasonable grounds to say war crimes were committed by the men under his command. It is noteworthy that though appointed to a civilian post, he received a military parade at his inauguration1 and remains in the Army’s Reserve Force2. He went on to run Sri Lanka’s most notorious army torture camp in Vavuniya for 18 months after the war at a time of mass detention. The ITJP has documented ten accounts of torture and/or sexual violence committed by soldiers against detainees in that period and this is likely the tip of the iceberg. There is no way as the camp commander he could not have known about detention there – this was not a legal detention site but contained purpose-built cells equipped for torture. Kamal Gunaratne was also in charge post-war of internally displaced people – this was the illegal detention of 282,000 Tamil civilians who survived the war in Manik Farm and other sites. He also appears to have been involved in screening IDP’s for suspected ex combatants and putting them in the government’s “rehabilitation programme” which constituted wrongful detention according to the UN3. After the war as a diplomat, Gunaratne is alleged to have been involved in a murder in the Embassy in Brazil when posted there. -
GJ and Others (Post-Civil War: Returnees) Sri Lanka CG [2013] UKUT 00319 (IAC)
Upper Tribunal (Immigration and Asylum Chamber) GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 5 – 8 and 11-12 February 2013, 15 March 2013 and 19 April 2013. ………………………………… Before UPPER TRIBUNAL JUDGE GLEESON UPPER TRIBUNAL JUDGE DAWSON UPPER TRIBUNAL JUDGE O'CONNOR Between GJ NT MP Appellants and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent and TAMILS AGAINST GENOCIDE Interested Party © CROWN COPYRIGHT 2013 Representation: For the First Appellant : Miss Shivani Jegarajah and Mr Iain Palmer, instructed by Patricks solicitors. For the Second Appellant: Mr Rudolph Spurling and Miss Sara Anzani, instructed by Dean Manson Solicitors For the Third Appellant: Mr Alasdair Mackenzie and Miss Alison Pickup, instructed by Birnberg Peirce & Partners, solicitors For the Interested Party: Miss Shivani Jegarajah and Mr Colin Yeo instructed by Duncan Lewis, solicitors For the Respondent: Mr Jonathan Hall and Mr William Hays, instructed by The Treasury Solicitor (1 ) This determination replaces all existing country guidance on Sri Lanka. (2) The focus of the Sri Lankan government’s concern has changed since the civil war ended in May 2009. The LTTE in Sri Lanka itself is a spent force and there have been no terrorist incidents since the end of the civil war. (3) The government’s present objective is to identify Tamil activists in the diaspora who are working for Tamil separatism and to destabilise the unitary Sri Lankan state enshrined in Amendment 6(1) to the Sri Lankan Constitution in 1983, which prohibits the ‘violation of territorial integrity’ of Sri Lanka. -
UCLA Electronic Theses and Dissertations
UCLA UCLA Electronic Theses and Dissertations Title Intra-Ethnic Electoral Violence in War-Torn, Divided Societies: The Case of Sri Lanka Permalink https://escholarship.org/uc/item/81f4c1v7 Author Shah, Seema Kiran Publication Date 2012 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Los Angeles Intra-Ethnic Electoral Violence in War-Torn, Divided Societies: The Case of Sri Lanka A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Political Science by Seema Kiran Shah 2012 ABSTRACT OF THE DISSERTATION Intra-Ethnic Electoral Violence in War-Torn, Divided Societies: The Case of Sri Lanka by Seema Kiran Shah Doctor of Philosophy in Political Science University of California, Los Angeles, 2012 Professor Edmond Keller, Chair What form does electoral violence take in war-torn divided societies, and what explains the variation in this type of violence? Using statistical and historical analyses, this study examines patterns of election-related violence in the war-torn, ethnically divided context of Sri Lanka. This study shows that electoral violence in Sri Lanka is more often the result of inter- party and intra-ethnic competition than it is the result of inter-ethnic rivalries. Since most Sri Lankan districts are ethnically homogeneous and because the Sinhalese constitute the vast majority of the population, most electoral competition occurs between rival Sinhalese parties. Specifically, this dissertation demonstrates the significance of inter-party competition within one ethnic group by showing that there was generally more violence in areas where the vote differences between the top two contenders were smallest, even when both were from the same ethnic group. -
TIC Genocide of Tamil People 1998 Entire
The International Crime of Genocide: The Case of the Tamil People in Sri Lanka Tamil Information Centre December, 1997 The International Crime of Genocide: The Case of the Tamil People in Sri Lanka C Tamil Information Centre, 1997 ISBN 1 85201 011 8 Published December 1997 Layout K Krishnarajah Cover Photo Stephen Champion ABOUT THE AUTHOR Lutz Oette, a German citizen recently completed his LL.M at the University College of London. He was the winner of the 1996 Cheng Cheng Nan Prize in International Law. His research interests include International Protection of Hu- man Rights, Human Rights in the Developing World and Asy- lum Law and Practice. He is currently working on a report on Torture and Inhuman and Degrading Punishment in Saudi Arabia. He also works as a research assistant for Profes- sor Mendelson in London on various aspects of Interna- tional Law. Mr Oette has produced several briefing papers on Iraqi Kurds addressing the current situation in terms of legal, political and socio-economic issues and assisted in the cases concerning Kurds in Turkey to be brought before the European Commission on Human Rights and European Court of Human Rights. Acknowledgements Tamil Information Centre (TIC) gratefully thanks all indi- viduals and organisations who provided financial contribu- tions, their time and shared information and source materi- als for this report. Our special gratitude, however, goes to the author and the volunteers without whose support and commitment this report would not have been possible. The International Crime of Genocide: The Case of the Tamil People in Sri Lanka The greatest sage poet of classical Tamil literature Thiruvalluvar's statue in Jaffna desecrated by the Security forces in 1983 in a fren- zied ethnocidal attack. -
Indo-Sri Lanka Accord: Intervention by Invitation Or Forced Intervention
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 16 Number 2 Article 2 Fall 1991 Indo-Sri Lanka Accord: Intervention by Invitation or Forced Intervention Roshani M. Gunewardene Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Roshani M. Gunewardene, Indo-Sri Lanka Accord: Intervention by Invitation or Forced Intervention, 16 N.C. J. INT'L L. 211 (1991). Available at: https://scholarship.law.unc.edu/ncilj/vol16/iss2/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Indo-Sri Lanka Accord: Intervention by Invitation or Forced Intervention Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol16/ iss2/2 Indo-Sri Lanka Accord: Intervention by Invitation or Forced Intervention? Roshani M. Gunewardene* The concept of one state's intervention in another state's inter- nal affairs by invitation has been recognized in international law in modem times. It is the nature of the invitation to intervene, how- ever, that indicates whether or not the intervention is legitimate. The Indian military occupation in the northeastern part of Sri Lanka at the "invitation" of the Sri Lankan government is an example of an intervention resulting from a covertly orchestrated invitation co- erced by India. This Article analyzes the facts and circumstances that led to the Indian peace keeping force's intervention in Sri Lanka's ethnic civil war, specifically how political, social, and economic pres- sures may have forced the Sri Lankan government to "invite" the Indian intervention.