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The Practices of the Liberation Tigers of the Tamil Eelam Against Female, Pre-Pubescent Soldiers

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The Practices of the Liberation Tigers of the Tamil Eelam Against Female, Pre-Pubescent Soldiers SECOND SEMESTER UNIVERSITY: Queen’s University of Belfast European Master’s Degree in Human Rights and Democratisation 2013/2014 Sexual grooming in armed forces as war crime; The practices of the Liberation Tigers of the Tamil Eelam against female, pre-pubescent soldiers Author: Florence Carrot Supervisor: Jean Allain - 1 - Abstract The purpose of this research is to identify sexual grooming in armed groups as a current practice inherent to militaries during conflicts, and therefore to understand it as a war crime. It emphasises gaps in the research on sexual violence against female soldiers; and discusses the “chastity obligation” military code as constituting sexual oppression. The following specifically calls to attention the recruitment of young female soldiers by the Tamil Tigers as equivalent to the recruitment of child soldiers in general, which has already been condemned as a war crime. The porosity between recruitment and sexual grooming of Tamil girl soldiers is widely found, as the recruiting phase is a plan for war alone, and sexual grooming is a strategy which prolongs the armed group’s influence in the aftermath of the conflict. From the latter statement, many forms of sexual violence are implied, and targeting sexual grooming as a catalyst of future domestic violence may be a means of improving rehabilitative methods and programmes. - 2 - ACKNOWLEDGEMENTS I would like to express my special appreciation and thanks to my supervisor, Professor Jean Allain, and also my director of studies, Brice Dickson, as they both provided me with many great points to include and gave me advices whenever it was required, you have been tremendous mentors for me. I would like to thank you for encouraging my research and for guiding me through this second semester. I would like to take this time to thank the European Inter Disciplinary Centre on Human Rights and Democratisation and the Queen’s University of Belfast for all of the facilities they were able to provide to me in order to make this thesis possible with a special dedication to Pietro Sullo, Alan Desmond and Athanasios Stathopoulos who gave their time during the first semester to make this experience as wonderful as possible. I would like also to thank all my professors and friends that I cannot name here for their support and advices during this busy time. I would especially like to thank Josua Grabener who followed my work from the starting point and from whom I received priceless comments. A special thanks to Sophie Standen who did an amazing work when I was struggling with English sentences. Her advices and her corrections throughout the thesis have been extremely helpful. I extend my gratitude also to Samuel Artair George Wallace Ward for his final suggestions which were extremely valuable, his patience and his comforting words that I really needed at the very end of this thesis. Not only did they both proof read my text and read it for content, they were constantly there to help me when I did not think I could continue. I would like also to express how grateful I am to Norbert Ostro, Caroline Koullen, Elsa Brittain, William Orr, Lucie Rochette for their extremely relevant recommendations and their friendship and who were always there in the moments when there was no one to answer my queries. A special thanks to my family. Words cannot express how grateful I am to my grandfather, Jean Guillaud, who funded this master for me. Thank you to my family especially my parents for all of the sacrifices that you’ve made on my behalf. I would like to express all my gratitude to all of you who have been there to support me when I was spending my days and nights at the Querini Stampalia or McClay libraries, special thanks to Lucie Lerbet, Daria Lüdtke, Issie Hall, Jessica Cunningham, Joshua Blythin, Claire Boudie, Claire Tétart, Amy Hitchenes, and a lot of others for being always present when I needed a break. At the end I would like express appreciation and dedicate this thesis to my two beloved grandfathers, René Carrot and Jean Guillaud, may your souls rest in peace. - 3 - TABLE OF CONTENTS I- INTRODUCTION ................................................................................................... - 1 - II- PART I: FEMALE COMBATANTS IN THE TAMIL TIGER MOVEMENT; THE IMMORALITY OF A HIDDEN CRIME ............................................................ - 7 - 1. CHAPTER I: VICTIMS OR AGENTS OF CHANGE? THE CONTROVERSIAL PERCEPTION OF WOMEN AT WAR AND THE CONTRADICTORY ENGAGEMENT FORMS OF FEMALE WARRIORS IN VIOLENCE. ....................................................................................................................... - 8 - 1.1- Women’s militancy, comrades in arms ........................................................ - 10 - 1.1.1- Feminisms of “revolutionary” women .................................................... - 12 - 1.1.2- Different units, different forms of engagement ....................................... - 13 - 1.2- Female agency in violence: objects of masculine purposes and exceptional non-feminine warriors ............................................................................................. - 18 - 1.2.1- Differentiation in violence relating to women and girl ........................... - 20 - 1.2.2- The “robotic” identity of juvenile female soldiers .................................. - 22 - 1.2.3- Adolescent combatants as eternal minors? .............................................. - 25 - 2- CHAPTER II: THE EMERGENCE OF A NEW TERRORISM: THE LTTE AND INTEGRATION OF WOMEN INTO MILITARIES DURING THE SRI LANKAN INTERNAL CONFLICT. ............... - 28 - 2.1- The emergence of a new revolutionary movement for an identity emblem: the Tamil Tigers ............................................................................................................. - 29 - 2.1.1. - Overview of the conflict – an ethnic tragedy ........................................ - 29 - 2.1.2- Militancy and training; promoting Tamil nationalism ............................ - 31 - 2.1.3- The Tamil Tigers units, new reasons for violence................................... - 33 - 2.2- The war in Sri Lanka and the materialisation of unusual individuals in the military .................................................................................................................... - 36 - 2.2.1- Women, the new heroes in the LTTE: a new military stance, and the development of Tamil identity through a feminine approach ............................. - 37 - 2.2.2- Female suicide bombers; giving one’s life to exist in the eyes of another- 39 - - 4 - 3- CHAPTER III : A SPECIFIC CODE OF CONDUCT IN MILITARIES, A « CURE » FOR A HIDDEN CRIME ............................................................................................................................ - 41 - 3.1- Strict rules of conduct for combatants, from abuse of power by criminals to non-regulated rules ................................................................................................ - 42 - 3.1.1- Admiration of one leader, dedication to one nation .................................. - 42 - 3.1.2- The LTTE, ever-present in its combatant’s life ....................................... - 46 - 3.1.3- Internal policy of armed groups/terrorists, a possibility to “condemn the control”, especially for women? .......................................................................... - 52 - 3.2.- An indirect way of grooming without any references to the crime ................. - 56 - 3.2.1- Child soldiers, just and unjust legal rules at war ..................................... - 60 - 3.2.2- Grooming, a particular term and a new tendency specific to the LTTE . - 61 - III- PART II: GENDERING JUSTICE; REPARATIONS, FIGHTING AGAINST A NEW FORM OF SEXUAL CRIME USED DURING WAR .................................... - 67 - 4- CHAPTER IV: AN UNQUALIFIABLE CRIME: ASSESSING AN UNKNOWN WAR CRIME AND ITS CONSEQUENCES ........................................................................................................ - 67 - 4.1- Sexual gendered based crimes in the military at war. ................................. - 70 - 4.1.1- Recognized sexual crimes in times of conflict, process of recognition ... - 71 - 4.1.2- From sexual grooming of girl soldiers to sexual violence against those who are made “women” without knowing it ............................................................... - 73 - 4.1.3- A sexual crime or not? ............................................................................. - 76 - 4.2- The Fight against impunity, sanctioning sexual grooming as a war crime: justice for new adults, an important step for the rehabilitation of indirect victims. - 78 - 4.2.1- The status of sexual crimes and sexual violence under international law - 79 - 4.2.2- International identification of the accountability of child/adolescent recruitment: can military leaders be prosecuted for sexual and gendered war crimes against their own child soldiers ........................................................................... - 83 - IV- CONCLUSION- RECOGNITION OF GROOMING AS AN INTERNATIONAL WAR CRIME: A POSITIVE PATH FOR IDENTIFICATION OF AN UNUSUAL VIOLATION OF HUMAN RIGHTS .......................................................................... - 87 - - BIBLIOGRAPHY ................................................................................................................ - ANNEXES ............................................................................................................................
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