Alleged War Crimes (Sri Lanka)

Debate between Siobhain McDonagh and Robert Halfon

Wednesday 16th June 2010 Westminster Hall

[Siobhain McDonagh]

I agree, and I hope to deal with that point in my speech.

To be fair, we already knew that these things were happening. However, the ICG goes further than previous studies and convincingly argues that there are

“reasonable grounds to believe the Sri Lankan security forces committed war crimes with top government and military leaders potentially responsible.”

Of course, the report also accuses the LTTE and its leaders of war crimes, but it says that

“most of them were killed and will never face justice.”

It adds:

“While some of the LTTE may go on trial in Sri Lanka, it is virtually impossible that any domestic investigation...would be impartial given the entrenched culture of impunity.”

[Robert Halfon (Harlow) (Con)]

Does the hon. Lady agree that it is an absolute priority now for the Government of Sri Lanka to release the people who are still in the camps, who have been there for so long; to ensure the freedom of journalists; and to begin constitutional change in earnest to bring about a political settlement?

[Siobhain McDonagh]

I agree, but we know from experience that expressing pious desires does not work with the Sri Lankan Government; we have to be tough and do something about it.

As a result of the evidence that the ICG has found, it argues:

“An international inquiry into alleged crimes is essential given the absence of political will or capacity for genuine domestic investigations, the need for an accounting to address the grievances that drive conflict in Sri Lanka, and the potential of other governments adopting the Sri Lankan model of counter-insurgency in their own internal conflicts.”

That is serious stuff. The report goes on to say that there is

“credible evidence that is sufficient to warrant an independent…investigation”.

That includes the intentional shelling of civilians, the intentional shelling of hospitals, such as those at Ponnambalam and Putumattalan, and the intentional shelling of humanitarian operations, notably operations from the UN’s PTK—Puthukkudiyiruppu—hub.

The report adds:

“The consequences of the security forces’ shelling were made substantially worse by the government’s obstruction of food and medical treatment for the civilian population, including by knowingly claiming the civilian population was less than one third its actual size and denying adequate supplies.”

The evidence cited by the group is substantial, including

“numerous eyewitness statements...hundreds of photographs, video, satellite images, electronic communications and documents from multiple credible sources.”

The ICG complains that the Sri Lankan Government

“declined to respond to Crisis Group’s request for comment on these allegations.”

The House has already looked into many other allegations. A variety of news outlets and broadcasters have described terrible actions in the last days of the civil war. Few could not have been moved by the terrible pictures on Channel 4 of imprisoned Tamil soldiers being shot in cold blood. The ICG admits that it has looked at only a small number of the alleged violations. It has not looked into, for example,

“the recruitment of children by the LTTE and the execution by the security forces of those who had laid down their arms and were trying to surrender.”

Despite that, the ICG states:

“The gravity of alleged crimes and evidence gathered...is not a case of marginal violations of international humanitarian law...There is evidence...both sides condoned gross and repeated violations that strike at the heart of the laws of war.”

It is therefore hard not to agree that the allegations should be looked at independently by an international inquiry.

I praised the previous British Government for taking action against human rights abuses in Sri Lanka, but the ICG is much more critical of the wider international community. It concludes:

“Much of the international community turned a blind eye to the violations when they were happening. Some issued statements calling for restraint but took no action as the government continually denied any wrongdoing. Many countries had declared the LTTE terrorists and welcomed their defeat. They encouraged the government’s tough response while failing to press for political reforms to address Tamil grievances or for any improvement in human rights.”

The report therefore places the onus on the international community to make up for its past and to conduct a full investigation into the last year of hostilities.

Many of my constituents had family members who were caught up in the hostilities. Some of their friends and families are dead, or spent many months in temporary camps for internally displaced people that were little more than concentration camps. Many Members still get Tamils coming to their surgeries with their stories. I do not believe that any of us can have been unmoved by the testimony of our constituents.