NEW YORK – One of the worst atrocity crime
stories of recent decades has barely registered in the world’s collective
conscience. We remember and acknowledge the shame of Cambodia, Rwanda, Bosnia,
and Darfur. We agonize about the failure to halt the atrocities being committed
almost daily in Syria. But, at least until now, the world has paid almost no
attention to war crimes and crimes against humanity comparable in their savagery
to any of these: the killing fields of Sri Lanka in 2009.
Illustration
by Dean Rohrer
CommentsThree
years ago, in the bloody endgame of the Sri Lankan government’s war against the
separatist Liberation Tigers of Tamil Eelam, some 300,000 civilians became
trapped between the advancing army and the last LTTE fighters in what has been
called “the cage” – a tiny strip of land, not much larger than New York City’s
Central Park, between sea and lagoon in the northeast of the country.
CommentsWith
both sides showing neither restraint nor compassion, at least 10,000 civilians –
possibly as many as 40,000 – died in the carnage that followed, as a result of
indiscriminate army shelling, rebel gunfire, and denial of food and medical
supplies.
CommentsThe
lack of outrage mainly reflects the Sri Lankan government’s success in embedding
in the minds of policymakers and publics an alternative narrative that had
extraordinary worldwide resonance in the aftermath of the terrorist attacks of
September 11, 2001. What occurred in the cage, according to this narrative, was
the long-overdue defeat, by wholly necessary and defensible means, of a
murderous terrorist insurrection that had threatened the country’s very
existence.
CommentsThe
other key reason behind the world’s silence is that the Sri Lankan government
was relentless in banning independent observers – media, NGOs, or diplomats –
from witnessing or reporting on its actions. And this problem was compounded by
the timidity of in-country United Nations officials in communicating such
information as they had.
CommentsPresident
Mahinda Rajapaksa’s government claimed throughout, and still does, that it
maintained a “zero civilian casualties” policy. Officials argued that no heavy
artillery fire was ever directed at civilians or hospitals, that any collateral
injury to civilians was minimal, and that they fully respected international
law, including the proscription against execution of captured prisoners.
CommentsBut
that narrative is now being picked apart in a series of recent publications,
notably the report last year of a UN Panel
of Experts, and in two new books: UN official Gordon Weiss’s relentlessly
analytical The Cage: The Fight for Sri Lanka and the Last Days of the Tamil
Tigers, and BBC journalist Frances Harrison’s harrowingly anecdotal Still
Counting the Dead: Survivors of Sri Lanka’s Hidden War.
CommentsNobody
underplays the LTTE’s contribution to the 2009 savagery; but, with the Tigers’
leaders all dead, international attention should now be focused overwhelmingly
on holding the government accountable for its failure to accept its
responsibility to protect its own people. For far too long, Rajapaska’s
government has been evading accountability with an endless stream of
diversionary maneuvers (usually involving committees of inquiry intended to lead
nowhere, and duly complying), denial of physical access, outright dissimulation,
and relentless verbal intimidation of anyone daring to question it.
CommentsReal
international pressure is at last being placed on the government to explain its
actions, most significantly by the much-maligned UN Human Rights Council in
Geneva, which will consider Sri Lanka’s response in March 2013. In doing so, it
is likely to be armed with a full brief of evidence of war crimes and crimes
against humanity now being compiled from eyewitness accounts by the
Australian-based International
Crimes Evidence Project.
CommentsOne
of the most tragic aspects of the whole story, just now emerging, is the failure
of UN officials on the ground to publicize at the time, when it really mattered,
credible information that would have undercut the government’s narrative.
CommentsSpecific
estimates of casualties in the combat area were compiled by a UN team in Colombo
from early 2009, based on regular radiophone contact with a handful of reliable
sources – NGO, medical, and local UN Tamil staff – still on the ground. The
information was incomplete, but it was solid – and alarming. But an
institutional decision was taken not to use this information on the grounds that
it could not be “verified.”
CommentsThe
real reasons are now emerging. In part, the UN team wanted to keep humanitarian
assistance lines open. The team was also subjected to shameless verbal bullying
by Sri Lankan officials (a deeply unpleasant experience to which I, too, have
been subjected). The team’s members also knew that Sri Lanka’s government had
wide support among UN member states, and that the LTTE had none at all.
CommentsBut,
as the Lakhdar Brahimi
Panel concluded a decade ago, after reviewing some of the catastrophic
failures of peace processes in the 1990’s, the responsibility of the UN
Secretariat must be to tell the UN Security Council what it needs to hear, not
what it wants to hear.
CommentsAn
internal review panel studying what went wrong in the UN system’s response to
Sri Lanka, commissioned by Secretary-General Ban Ki-moon and headed by the
distinguished diplomat Charles Petrie, is due to report to Ban next month. All
indications are that it will not be a pretty story. It is crucial that its
findings be made public and acted upon.
CommentsSelective
memory is a defense mechanism with which we are all familiar. For governments
and international organizations, as with individuals, moral failure is easier to
live with if we can pretend that it never happened. But mass atrocity crimes did
happen in Sri Lanka, there was moral default all around, and if we do not learn
from this past, we will indeed be condemned to repeat it.