Monday, October 3, 2016

The Relevance Of British Hypocrisy & Cameron’s Duplicity To Sri Lanka

Colombo Telegraph
By Rajeewa Jayaweera –October 2, 2016
Rajeewa Jayaweera
Rajeewa Jayaweera
Less than six months after the controversial Brexit referendum resulting in the resignation of David Cameron as Prime Minister, another storm is brewing in Britain on the vexed issue of investigation of British soldiers accused of human rights violations which may turn out to be war crimes, during their tours of duty in Iraq and Afghanistan. Anger among the public and in some quarters in the political leadership seems to be on the rise against what is believed to be the ‘hounding’ of British soldiers, 13 years after the conflict.
Investigation mechanisms were initially set up in 2010 under Prime Minister Gordon Brown’s Labor government under pressure from Human Rights organizations. Iraq Historic Allegations Team (Ihat) was tasked with investigating around 1500 allegations of abuse in Iraq and Operation Northmoor of around 550 allegations of abuse in Afghanistan. Yet another mechanism, Iraq Fatality Investigations (IFI) was set up by the British government after the European Court of Human Rights decreed that previous investigations had breached procedural rules laid down by the European Convention on Human Rights. It is commonly believed these investigative mechanisms were set up not out of concern for abused Iraqi and Afghan civilians. This option was considered preferable to the prospect of British soldiers being dragged through the International Criminal Court (ICC) which Tony Blair ratified in 1998 long before Britain invaded Afghanistan and Iraq. A private law firm, Public Interest Lawyers, who represented almost all the Iraqi abuse claimants, folded operations in the summer after being stripped of legal aid by the British government due to claims of irregularities in its work. Meanwhile, serious reservations are being expressed of the risk of witnesses being unable to recall events accurately, in view of the time lapse since the alleged abuses. It is also feared some complaints may be trumped up solely for purpose of compensation.
“I do not think this process should ever have been put in place. I am very sorry that our soldiers and their families have been put through this ordeal. It is wrong to put themthrough the ordeal of a criminal investigation for events in a war zone as long as 13 years ago.” – Tony Blair
Some past and present British leaders have publicly voiced their opposition in no uncertain terms. Comments from former Prime Ministers Tony Blair who led Britain to both wars in Iraq and Afghanistan who stated “I do not think this process should ever have been put in place” and David Cameron, current Prime Minister Theresa May, Defense Secretary Sir Michael Fallon and a former soldier and sitting Conservative MP, currently chairing a parliamentary inquiry into treatment of troops have been quoted to impress upon readers of the current mood in the British establishment. The father of a British soldier murdered along with five other colleagues by an Iraqi mob, while accusing the British government of “rank double standards” has stated “We hound our troops but won’t pursue my brave son’s killers”. A leading Sunday publication in a recent editorial comment stated “It is within the Government’s gift to wind down these inquiries – so why do they persist? Does the government believe this is the only way to avoid an international legal nightmare? If it allows them to continue, however, it risks abandoning Britain’s veterans to a personal nightmare of allegations that revisit the confusion and horror of war. It is a disgraceful way to treat veterans”.
“It’s clear that there is now an industry trying to profit from spurious claims lodged against our brave servicemen and women. It’s unacceptable and no way to treat the people who risk their lives to keep our country safe.” – David Cameron
The need for crimes committed by both soldiers and civilians to be investigated and those convicted to be punished, is a fundamental necessity in any civilized society. That said, the ever widening deficit in the sphere of rule of law in Sri Lanka is an undisputed fact. The 1983 pogroms against the Tamil community and the absence of a credible investigation to establish culpability and mete out justice even after thirty-three years stands to Sri Lanka’s eternal shame. Similarly, the Sri Lankan government in office from 2005 who single mindedly pushed for a military victory to the conflict as no other government before, failed miserably to address issues of misconduct by individual soldiers. The ‘zero causality’ theory was a monumental blunder and a clear sign of the government’s ineptitude and lack of sophistication in handling such matters.