LLRC Update 04.11

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that I could not have a stool to sit on in Kilinochchi, God only knows where all thesefurniture vanished?

And not development. I know our children studied in oil lamps for years. Quite alarge area in Kilinochchi was covered with electricity. But LTTE was so good that

they removed all the wirings, the cables and everything and even the posts weredestroyed and used for construction of bunkers. Children studied in Margosa oillamps. They did not have any other oil. Either coconut oil or margosa oil. Childrenwent to the university by studying under that lamp. Now what is the use in saying wewill give electricity, we will give this and that. We don‘t want any of those. We wantour house that is what the people say. Shoot us if you want; don‘t ask us to moveaway from this place because this is our land. I remember my father taught me a poemand I quote a line from it ―breathes there the man with soul so dead who never tohimself hath said this is my own my natives land.‖ This is from the poem‖ The lay of the last minstrel ―. That is why I am patrioti c. I love this country. This was in myblood from my childhood. This is my own, my native land. This is not my Eelam orColombo. I want to live here. So that is the situation there madam. Don‘t be takenaway by the appearance and especially Jaffna – Jaffna people lost compared to Wanni,nothing except a few houses. So they are dancing and playing. They are havingdramatic festivals and all that; coming to Colombo and showing their talents indancing, music and drama. Go to Vavuniya, Kilinochchi and Mullaitivu. These are theareas that were really affected; areas that really need development but they don‘t wantdevelopment. Leave them. Leave them to cultivate their land. In 6 months they canget on their feet. In 3 months their onions will give the yield.

Mr. H.M.G.S.Palihakkara

Thank you Mr. Anandasangaree. Especially for you someone who spoke verystrongly at the time when it was not so fashionable to speak against the LTTE nowyou did speak strongly risking your life sometimes. So it is understandable yoursentiments when you say that Prabakaran‘s No.2 from Diaspora is a free person and10,500 are called combatants. It is understandable. But now that the common threat of LTTE to politicians like you and other elected politicians that is no longer there whatcan we together do in regard to these 10,500 people whom you say detainees. What inyour view should be done? Obviously they have been detained because of their activeinvolvement in the LTTE activities – perhaps forcibly. What in your view should bedone? The Government obviously seems to be trying to give them some vocational

training and obviously they are not being prosecuted because … they are not beingprosecuted. So what is it that can be done in your view – one.

Another question is that now that the conflict – at least the military part of it is over – what do you think the Tamil Parliamentarians should do together; how can they speak in one voice trying to do the development work in the north and east and try to helpthe Government and the Tamil people together. How can that be achieved? Thank you.Those are the 2 questions.

Mr. Anandasangaree

The main handicap is that, in those days the main political parties were the TamilCongress and Federal Party and the representatives were selected on the merit of each

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candidate. Today it is not so. We believe that the man who had been carrying thecapsule – the cyanide capsule – is in Parliament today. There are so many things – Idon‘t want to comment on these things for, I may be causing embarrassmen t to youand to some others. There is a move for the Tamil groups to get together. Again thereis division – one group is very adamant that they won‘t join. I am prepared to forget

all that had been done to me by various groups. I am prepared to forget and join themas a group. They talk high principles but slept over the whole thing for 6 years andnow come back to nurse the Tamil community, refusing to come out. I don‘t knowwhat their future is going to be. But I agree with you that a united effort – a commonprogram – if a solution is acceptable to those who are in the forefront – should beacceptable or the people can be made to accept it. So that is a solution … one solutionlies in that. Well I don‘t know sir if the country‘s destiny is to suffer, we will have tosuffer. But one thing I can tell. I have lived with Sinhalese, Tamils, Muslims; I havestudied with Tamils, Sinhalese and Muslims; I have taught Tamils, Muslims andSinhalese; I know the thinking and temperament of these various communities. TheSinhalese are very accommodating; their fault is with the leadership. The Tamils tooare very accommodating; the fault is with the leadership. And perhaps that is the samewith the Muslims also. The country is good. There is a story my friend used to say – adog wanted to see the world; went round and round; chased at every point by the localdogs; came back again to its native place and when asked ―how is the world?‖ ―Worldis okay but it is our people who have been giving me trouble.‖ It is that. It is ourpeople who are an obstruction for any solution to be arrived at and apart from that Iam sure the Tamils and the Sinhalese and the Muslims can live together. They livedtogether for generations without any difference of things. My best friends are amongthe Sinhalese. I have some very good friends among the Muslims. So the trouble iswith the leadership of the communities and not with the people. Let the leaderspardon me but I hope they too will agree with my view.

Question

What can we do about the detainees?

Mr. Anandasangaree

About the detainees... I suggest … It is on record that The President had said, ―Youwill be released‖, when they went and surrendered. The announcement made in theIDP camps was, all those who had anything to do with LTTE, even if you had gone

for training for a day or two, please report. You will be sent back soon. They were notreleased. All of them were not released. There are people who could have very wellconcealed themselves without telling them. Some regret that they had confessed thatthey had a little training. Actually they are innocent people, and what harm can theycause. Hand them over to their parents. There are parents who will say ―he is amischievous chap keep him for some time sir and release him after 6 months.‖ Butthere are people who will say sir he is the only bread winner of the family pleaserelease him, I will look after him. I will kill that fellow if he dares to take up armsagain. Take a risk. If we can take a risk with a criminal like KP, a man who should beheld responsible next to Prabakaran who should be held responsible for the deaths of thousands – more than 200,000 lives have been lost; how many people have lost their

eye sight; how many girls are without both their legs crawling. For all that the onlyman who can, who should be held responsible is KP. If you can trust KP then allow

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the children or produce them before courts and allow them on bail on security givenby their parents. There are children who had gone to the university still there. I have afriend of mine. He is now not talking to me because his son had been following acourse in an open university. They think that I am so powerful to get things done. Ican‘t get even a pin to move. So I suggested committees. You remember Sirs at that

time when the JVP detainees were released, there was one Police Officer – IGP orDIG or somebody – he was the head of the team. They were calling their parents‘ andthe boys and after inquiring, if they were satisfied that the boy was innocent he wassent with the parents with the condition that they should go and sign at the PoliceStation every week or to some other authority or GA or somebody. There are peoplewho are in detention for just giving tea and food parcels for the LTTE. The man whoate the food parcel is free; the man who gave the food parcel is in.

Chairman

So what you are suggesting is that you have committees to examine the involvementof these detainees and find out whether they were forced by the LTTE … find outtheir involvement …

Mr. Anandasangaree

Yes

Chairman

… and then take appropriate action depending on what their involvement is and howthey got involved in the movement. If they were forced into the movement or theirinvolvement is on a very superficial level what you are saying is take steps todischarge them and get them to integrate back into society. Is that what you are saying?

Mr. Anandasangaree

Yes. Or have a few committees and have quick inquiries.

Chairman

Yes committees. We have committees …

Mr. M.P.Paranagama

What have you got to say about this language problem?

Mr. Anandasangaree

Language … the biggest mistake was in the leadership here. I hope you know that – Iam asking Mr. Chanmugam he being an elder person – up to 1956 Sinhalese was

taught as a subject – compulsory subject – for students in all schools that had classesup to SSC. My younger brother has Sinhala as a subject. I studied at Soma Skanda

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where my father was the principal. A Buddhist Priest – a graduate – was teachingSinhala. At Hartley College where the late Hon. K.B.Ratnayake studied there was oneMr.Somaratne – a layman – teaching Sinhala. Every school had a teacher in Sinhala.You go through the school anthem of the Hindu College and you will see amongmany things mentioned. Sinhalamum, Tamilamum – Sinhala was also taught there.

The fault is with the leadership at that time. So when the Sinhala Only Bill wasintroduced – most of those schools were private schools - they stopped teachingSinhala as an experimental period during which the Sinhala teachers were given someother work – the arts or physical drill and things like that. Then they waited for oneyear with no settlement coming. All teachers were discontinued. They left theirschools with tears in their eyes; I can still remember that. The fault is that everyonemust have learned Sinhala. If that had been allowed – if not for that Bill – today I will

be making this representation in Sinhala just for fancy‘s sake and little in Tamil. Butunfortunately I am deprived of that chance. I have now picked up a few Sinhala wordshere and there.

Chairman

So you recommend that Sinhala and Tamil must be brought into the schoolcurriculum?

Mr. Anandasangaree

It should be … I can give you one hint also favourable to your suggestion . There wasa time Sinhalese were not very happy about learning Tamil and Tamil learningSinhala and Sinhala learning Tamil. Today‘s youth – the Sinhala youth – wants tolearn Tamil and the Tamil youth wants to learn Sinhala. Today things will be mucheasier than what it was in 1956. It can be made compulsory – only thing is it shouldgo simultaneously with a solution. If you try to make Sinhala and Tamil compulsoryfor the respective communities without solving the language problem, without solvingthe eth nic problem, it won‘t work. It should go hand in hand. Find the solution. I hadbeen telling a number of times – the peace is knocking at the door; whether to allow itin or shut it out is in our hands.

Chairman

Don‘t you think that one of the problems that we encounter is that the Sinhala youth

don‘t understand the Tamils and the Tamils don‘t understand the Sinhalese people.That is because there is a language problem. So, including Sinhala and Tamil into thecurriculum would to a very great extent solve that problem?

Mr. Anandasangaree

It should. Even without knowing the language they are friendly sir. Do the Sinhaleseyouth and Tamil youth fight each other. Adults fight; youths are not fighting. Thosedays they fought each other. They say Ambalangoda, Kosgoda and all that type of

thing I still remember.

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Chairman

No, but don‘t you think, I mean, now in those areas, for example Kosgoda or Balapitiya, the number of Tamils will be, I mean, , minimal. But there are areas – takeColombo right – don‘t you think that we should learn each others language, that it is a

sine qua non for reconciliation and understanding between the communities?

Mr. Anandasangaree

That is absolutely necessary. I give full recommendation for it and I welcome thesuggestion. My suggestion is along with that you know otherwise they will say – thereare people among the Tamil leaders; there are people who will go and say – see, see,they are forcing the Sinhala on the Tamils, therefore don‘t study. When the problem isalso solved, it is not going to take much time for the Government to sit down and draftsomething to solve the problem. Simultaneously the Government should decide tointroduce Sinhala and Tamil compulsory for all.

Chairman

At least practical Tamil; practical Si nhala. You see there probably …

Mr. Anandasangaree

Initially there was that scheme practical Sinhala and practical Tamil. That wasconsidered as a subject pass subject even if a person passed the Practical Sinhala.Initial stages, then after 2-3 years they come to study Singhala and Tamil fully.

Chairman

And don‘t you think admission to the universities it must be made compulsory thatpeople must know their Tamil and Sinhala?

Mr. Anandasangaree

It should be made compulsory for admission also. I remember in those days you knowTamil was a compulsory subject for Sinhalese who pass the CAS exam.

Mr. M.P.Paranagama

To what extent can you make use of the cultural link to build up a … ?

Mr. Anandasangaree

It is wrong sir. I saw in the papers 100 girls have been selected – Tigers. They areworried of their future, their parents and things like that. They were given training insome cultural program and after that they have been brought to Colombo for aperformance. I told the Governor some time back when there was a similar programorganized , they are still in mourning. Most of them have not traced their parents;

most of them have not seen their parents; most of the parents and the child have lostcontact. When the house is burning or when the next door person is mourning the

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death of some dear ones, will you play your music? We can‘t build from the top; weshould build from the bottom. You know, I am a person if there is a cultural program Iwon‘t miss it. I like Sinhala, Tamil or whatever it may be. I won‘t miss it. But it alldepends on my mood and temperament at the time. When the Jaffna Dramatic Societyorganized a drama festival for 14 days I said don‘t be foolish. When your neighbour is

still mourning the death of their dear ones you are having drama festival. Please stopit and they stopped it. But when I was MP. I went to the villages to see drama and Iwaited till morning. I don‘t run away half -way. It is good but this is not the way to doit. It should move simultaneously. When people are living in houses without roofs;without proper food; they have no place to eat or cook their meal, how can you expectone of the children from that area to take part in a cultural program.

Chairman

What do you think about the link language – English languag e? Don‘t you think it isvery important?

Mr. Anandasangaree

Yes, very important.

Chairman

Now what is your strategy for the teaching of English, for example, in the north andthe east, because north and the east because there are problems regarding teachers?Would you recommend the use of electronic media like television for the teaching of the English language?

Mr. Anandasangaree

We have no other alternative no …

Chairman

Yes, that is why I am asking.

Mr. Anandasangaree

Since we have no other alternative we can. But at the same time we can get downsomebody. In those days in Jaffna we studied science subjects under Indian graduates.We used to fool them for their wrong pronunciation. Then what happened Tamils took over. Even Sinhalese when I was teaching at Jaela one Mr.Kochi was the scienceteacher subsequently replaced by a local student. So, nothing is lost. We can for a starthave a few teachers imported from India – their knowledge of English is very good;standard of English is very good; very super, much better than ours I would say. For5-6 schools we can have one teacher for the start. India too will be happy to trainsome teachers who are capable teachers to teach English as a subject. I am aneducationalist. I taught for 10 years before I became a lawyer. No one can tell me

about the schools in Kilinochchi; how it should be re-organized. Unfortunately we are

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not making use of the talent we have in this country and discard them as you are UNPyou are SLFP you are a leftist this and that is the trouble we have.


Since you are here just a benefit of … Do you have a view on the issue of rehabilitation, reintegrating the Muslims who were forced to leave Jaffna and howbest it can be done?

Mr. Anandasangaree:

It‘s a pity I had been finding fault with the Government at that time. When the CFAwas signed this should have been made a condition. When the CFA was in operationLTTE should have been told don‘t meddle with the Muslims, allow them to comeback. There was another group in Parliament claiming to represent the LTTE. Theyshould have advised them to take back all the Muslims. They should be paidcompensation. Sir they were allowed to go with only Rs.500/- I am told. You knowthey were the best scholars. I had a friend one Mr. Maqbool, a Muslim graduate. Heknew much of Hinduism and there is hardly anything that he did not know. Myknowledge of Hinduism is not even one hundredth of his – all the hymns and thingslike that – and he was shot by the LTTE when he was GA Mannar.

Prof. Karu Hangawatte

Thank you Mr. Anandasangaree for being here. I have one question really. Youmentioned the need for building from ground up. What bothers me is why haven‘t theleaders of the Tamil community – I am talking about community leaders not politicalleaders, not at all – why have they not taken the initiative to organize and to supportthese children as you mentioned – you referred to as children – and others who havebeen left hapless instead of always looking up to the Government. I am wondering isit because these community leaders and others feel hapless; they are helpless as wellthat they look up to the Government and the Government is so powerful here that theyare the ones who have to do everything or is the Government refusing the leaders likeyou like from initiating and participating in such activities or do you even see as youmentioned military camps etc., do you see the presence of authority as kind of threatening and that you don‘t feel that you can take the initi ative and continue suchactivities still bothers me. I am just wondering why everybody is talking about the

Government, Government?

Mr. Anandasangaree

I offered to the Government without any pay to take charge of the development of Kilinochchi because that is a place I am fully thorough with. The same rule applies inthis case also . People had their own interests; leaders had their own interests. Whenthe Government was campaigning against me there was a candidate who went roundsaying that Anandasangary is also a man nominated by the Government. Personalambitions had brought the Tamil community to this state. They want to be MP all thetime. The incentives are there and the attractions too, but nothing could persuade me

to accept any. If only I had said that LTTE is the sole representatives of the Tamils Iwould be in Parliament today as the leader of the 15 MPs. I said no. One of my

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colleagues – I don‘t want to mention the name – he said,‖ I am also not accepting theLTTE as the sole representative of the Tamil people, and I don‘t say that but why areyou saying that. I am here today without a seat in Parliament because I took up theposition that the LTTE is not the sole representative of the Tamil people. All theothers are in Parliament today because they accepted the LTTE as the sole

representative of the Tamil people – which is not true. I did not want to cheat myself and the people. I have not lost anything. I have told my people so. I am free now. Sir Iam one who had walked through from Kilali to Malavi a distance of 70-80 miles andvisited every home in the Kilinochci electorate.. The moment I got elected as MP Igave up my practice as a lawyer. I did not do even notarial work. I took Parliamentarycareer as a real social work and not for anything else.

Prof. Hangawatte

Sorry I was really addressing … I am really impressed by your independence that youhave shown or trying unlike as you mentioned. But I am still bothered by … there areno … lack of initiative and participation …

Mr. Anandasangaree

I fully agree with you.

Prof. Hangawatte

… and development of programs.

Mr. Anandasangaree

There are no opportunities. There are a number of NGOs. They can‘t work – theycan‘t do any social work they must get permission. Locally leave aside th e foreignNGO. I am prepared to do that.

Prof. Hangawatte

So what is preventing the people from developing mechanisms of self governance?What is preventing them? I am just asking.

Mr. Anandasangaree

Red tapeism. It is not correct to call red tapeism but in one sense red tapeism is themain handicap and main obstruction. Give them a free hand they will do it.


Just to have the benefit of your views, how important is the compensation in theprocess of reconciliation – compensation to victims?

Mr. Anandasangaree

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First we must win over the people – win over their hearts. You go and tell them wewill give you something or we will construct this road, they are not interested. Theyare first worried of their independence and food. Can you imagine people goingbehind, even very respectable people are going behind some politician begging forfavours? First people must be satisfied that there is a genuine attempt for development.

Once that idea is impressed then the people will tolerate development also. If you gofrom Jaffna to Kilinochchi – I have not seen any Vasantham or Uthuru Vasantham . Itis only in name. Proper development is not taking place. People want that first.

Chairman

Now you touched on this question of compensation to persons who have beenaffected or who are victims. Now can you express your views as to how they shouldbe compensated?

Mr. Anandasangaree

Kilinochchi is an agricultural area and primarily a colonist area. Under variousschemes people are given 5 acres, 3 acres ect.. And they were given some assistance.For 6 months they were given some subsistence and other assistance.. Some havebecome very prosperous and some very rich. Then the small cottage that was given tothem expanded. Kilinochchi became a very rich area. During my period I could seethe differences. The cottages were expanded into beautiful houses. You can even nowgo and see that. Now they have lost everything. They lost everything because of thisfoolish movement – the LTTE. Actually they drove the people like a herd of cattle.They were driven from one place to another. If they were allowed to escape theywould have saved their properties. They first left behind some furniture and thingslike that. The next stage they left behind their furniture and moved further. Like thatultimately when they reached Matalan they were there only with the clothes that theywere wearing and some fortunate people with some extra clothes. Many people leftbehind their jewellery and came, because they were told that they cannot take morethan five sovereigns only. What I say is not a rumour. It is a fact. They were also toldthat they couldn‘t take more than 5,000 rupees. There is evidence that a lot of moneywas found after these people left.

Chairman

So what is the strategy that you would recommend as far as compensation isconcerned?

Mr. Anandasangaree

They must pay compensation to some extent. A man who had a tractor and cultivatedabout 10-15 acres of land, and the tractor is no more there. If you ca n‘t compensatefor the tractor by its worth give him compensation for the other things. He had losteverything he had. For example take my house in Kilinochchi, I found one volume of the legislative enactment set was thrown into the garden and the others missing. I got

a table made for my use and got it fitted inside the room so that no one could carry itaway. It was missing with many other things. Ultimately I did not have even a stool to

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sit down. I had to buy one. That is the case with everybody. Just imagine Sirs if all thepeople in Colombo are asked to quit within one day or not even a half a day notice.What can you take from your home? The very minimum what you could carry evenelectrical gadgets you won‘t take. If you are a man in practice you may take yourcertificates and some other things. I believe I brought only my certificates from home

when I left. That is the only thing I took from my house. After enjoying a luxury life,or a reasonably good life, you come back to see nothing is left in your home. Is it notthe duty of the Government to compensate you in some form without giving you justRs.5000 as first instalment, Rs.20, 000 as second instalment and that‘s all. Or even50,000 as third instalment. But there are people who have not got even their 5000. .What can you do sir with 5000? A man with 5 children 5000 is not enough no to givethem a good meal … after starving for a long time. So the first meal they take after getting out of the IDP camp 5000 is not sufficient and they are expected to live on that.I saw a lady weeping ―Sir I have not seen the colour of rice for months.‖ In place of rice it seems they are given wheat flour. What is the Government spending? All theseare given under World Food Program. The Government is not spending money forfood program. And there are huge number of readymade windows and doors for theconstruction of pre fabricated houses between Muruhandy Temple and Kilinochchi. Ithink they are building houses and I am told that is for the Army. Can you findreconciliation any day with this type of activity going on? Army occupying prefabricated houses; the man who had built the house with his own labour is on thestreet. And these people are kept in the refugee camps – 750 families. They are theowners of the land which the Government intends to house the Army.

We must now decide whether this country is going to be free. Every Tom, Dick andHarry in this country should enjoy equal rights; the same rights or part of the countryis going to be under subjugation of another group similar to the LTTE. It was also amilitary group.

END OF QUESTION TIME

Chairman – closing statement

Mr. Sambandan, I am sorry. Mr. Anandasangaree I must thank you on behalf of theCommission …

Mr. Anandasangaree

Thank you sir for the opportunity.

Chairman

… I hope you did not misunderstand. That was just a genuine slip. Mr.Anandasangaree I must thank you very much for having come here and we reallyadmire the independence that you displayed and the frank discussion that you hadwith us and we have certainly benefited from the views that you have expressed andcertainly we will consider the views that you expressed in formulating ourrecommendations.

Mr. Anandasangaree

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Thank you sir for giving me this opportunity and I further apologize to you if I hadcaused you any embarrassment in the course of the discussion.

Chairman

Nothing at all.

Mr. Anandasangaree

Thank you

Chairman

I think I caused you embarrassment by …

END

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Defeating LTTEterrorism:|Gomin shows how to establish just warOctober 31, 2010, 12:00 pm

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LLRC told of President Rajapaksa‘s right to take military action

Senior lawyer Gomin Dayasri says the Sri Lankan government can justify its waragainst LTTE terror on the basis of seven principles required to establish a just warcoming down from the time of eminent jurist Hugo Grotius.

Dayasri told the Lessons Learnt and Reconciliation Commission (LLRC) lastThursday (Oct. 28) investigating the circumstances that led to the Eelam War IV how

the country could face the threat of UN war crimes inquiry and a probe launched bythe US.

The following is the paper headlined ‗Legal Issues to Establish Just War‘ presentedby Dayasiri to the LLRC: (1) The war was waged against an organisation deemed tobe a terrorist organisation that had bans imposed against them and recognised by theUN as utilising child soldiers. Its war was not a liberation struggle.

(2)The LTTE was terrorist outfit that spilt beyond territorial boundaries as evidentfrom the assassination of former Indian Prime Minister Rajiv Gandhi. In theinternational realm there were money laundering rackets, terrorist funding, especially

through networks such as the TRO, illegal shipping activity, narcotics trade thatenabled the outfit to buy/bring arms to the country.






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(3). It was a war Mahinda Rajapaksa government had to wage after all attempts atpeace talks failed. At the first round of talks at Geneva, the LTTE was not interestedin a peaceful solution but wanted to disable the breakaway Karuna group. At thesecond round, in Oslo they refused to talk at the table. When they realised at the third

round in Geneva that the government was not going to open the A-9 highway, theywalked away from talks. It was only after the government realised that there was nopurpose in continuing peace talks and when it was clear that the CFA was beingviolated beyond the limits of tolerance, that had decided to wage war to rid thecountry of terrorism after the failure of all other options.

(4) Features of the war that makes it a just war were:

(a) It commenced after exhausting the peace process to its end after many futileattempts and after LTTE re- launched several attacks after violating on manyoccasions the terms in the CFA and when the terrorist started depriving civilians of water resources available to the local population that the government decided toundertake the war

(b) The fact the war was completed successfully within a short period endingterrorism and ushered a period of genuine and lasting peace. The people held captivewere restored their democratic rights with political plurality and the right to exercisethe franchise together with the right to dissent. The fact that a party opposed togovernment won a majority of the votes in the North and East is a matter of significance as it shows that political plurality was indeed established, democracyrestored and a free and fair election duly held without delay.

(c) The fact that a stable and peaceful society emerged after the end of terrorismshows that it was a just war that benefited the people. A just war was the only possibleavenue to a lasting peace and a society where law and order prevailed and there wasend to the carnage of 30 years.

(d) The fact that during the military campaign (until the final stages) there were nocomplaints of harm to civilians (except of a few stray and vague complaints) and thatthe majority of the complaints were during the last few days of the war establishesthat the military exercise was carried out with the intent of minimising civiliancasualties and it was successful. You can never have zero casualties in a: war but this

reveals that the principles of proportionality leading to excesses did not feature. If so,civilian casualties should have been a uniform complaint throughout the militarycampaign but that was not the cry or complaint. Even the complaints made by the USState Department covers a period that coincides with the period that the terrorist wereholding civilians as human shields for their protection during the last days of the warwhen the theatre was in a restricted area.

(e) The fact that all times when the civilians desired to make the crossing togovernment areas and when ever they got the opportunity they did make the crossingand never desired to go back to the terrorist controlled areas.

(h) Rehabilitation of cadres returning child soldiers to parents, no prisoners of warexcept in cases where crimes have been committed- the characteristics of a just war.

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(i) Principle of jus ad bellum-can be invoked since the military operation commencedwith the intent to provide water to a multi ethnic community where water sourceswere deprived by the terrorists; which is needed for consumption and livelihood- sothat it originated with the intent to restore lost basic human needs. Throughout the

military campaign the purpose was to end brutal terrorism that terrorized the entirecountry and deprived a sector of people their democratic fundamental and humanrights. The fact of success within a limited time frame shows it was an achievablegoal realistically undertaken that contribute to eventual greater good theory-aprinciple of a just war. This was indeed achieved. The accusation of excesses came inonly during the last phase of the war when there was near hand- to- hand fighting in asmall theatre where the terrorist were hiding in a zone meant for civilians exclusivelyand civilians were held in captivity as a human shield. If the war had been notcompleted within a short time frame there would have been serious internationalramifications that would have prevented the end to the war. If Millebands andKouchners were let loose to sun bathe on the beaches in Nandikadal we would nothave been enjoying the luxury of peace today!

(j) Principle of jus in bello has been satisfied because the targets taken were of amilitary nature. It was proved beyond doubt the Senencholai (that was the celebratedhuman rights case) showed beyond doubt that it was military training camp wherechildren were taken against their will. There were no complaints during the Easterncampaign or till the last days of the Wanni campaign that there were civilian targetszeroed. In that narrow stretch of land between the lagoon and the sea where theterrorist established every inch of the land termed a ‗no fire zone‘ as a cover for civilians as a protective shield for themselves. In fact, it was a live military campwhere the terrorist leadership quartered holding the civilians against their will, as theirfinal line of defence. That whole stretch of land was a military target required tocomplete the war against terrorism as it was the final headquarters of those masteringthe terrorist war. Two factors stand out

(i) With the backbone of the terrorist leadership being decimated, terrorism came toan abrupt end. This would not have been possible to achieve unless terrorist militaryinstallations was over run. You cannot take the prime military installation withoutcivilian casualties when they kept civilians as the last defence line till the attemptedfinal break out by the leadership took place with their family members.

(ii) The fact that hordes of civilians crossed the line during the last 48 hours when theLTTE began to loosen their iron grip over them displayed that they lived in captivitysearching for the first opportunity to escape. If the Forces did not carry out a softeningup operations to flush terrorists, those civilians would not have obtained escapeavenues. It was an imperative military exercise. All attacks were made within limitsof token collateral damage to civilians. The military objectivity of ending terrorismand the achievement of greater good within a limited time frame was successfullyachieved

It fits perfectly with additional protocol No. 1 of 1977 on the principle of anadvantage achieved in defeating terrorism, in terms of a just war in the absence of

excessive collateral damage. Democratic and human rights were restored overterritory held over by terrorists. This battle brought to a conclusion 30 years of

8/8/2019 LLRC Update 04.11


terrorism. The extent of collateral damage is minimal compared to Hiroshima andNagasaki, which ended the war against Japan? There was minimising of collateraldamage to the possible minimal by resorting to No Fire Zones, Precision bombing,use age of small arms, intelligence obtained from surveillance drones on civilianpresence as the methods to lower human casualties. On the contrary, drones are used

as attack instruments in Pakistan presently, while in Sri Lanka it hovered over thebattlefield relaying pictures of civilian movement to ground commanders to saveinnocent lives.

Humanitarian aspects of the military undertaking have already been presented byother witness and therefore will not dwell.

There are seven principles required to establish a just war coming down from the timeof Hugo Grotius, eminent jurist

(1) there is a just cause-[to end terrorism and restore democracy]

(2) there is right authority-[undertaken by a sovereign state to regain land/peoplecaptured by terrorists and held under their command depriving them of the democraticrights enjoyed by the rest of the country]

(3) right intention-[to attack the terrorists while providing humanitarian assistance tothe people under the control of the terrorist and to safeguard civilians from collateraldamage]

(4) resort to force being proportionate to the object- [the safeguards taken to protectcivilians, the attacks directed at military targets]

(5). last resort-[after efforts at peace talks collapsed and at the stage the terroristsdeprived people of facilities to water to maintain life and agriculture that the war wasinitiated when the terrorists were disregarding the CFA comprehensively]

(6) peace is the goal-[the results show permanent peace was restored and democracyregained]

(7) hope-of success-[success achieved comprehensively within a short time frame forthe greater good. in a planned undertaking with minimal damage to human life].

What was at stake was the self - defenses of a sovereign state where the sovereignty isvested in the People by the Constitution which was under attack by a terroristorganisation which does not adhere to the principles of democracy or the norms of human rights. Should that have been a state in perpetuity or regained by an armedassault after efforts of peaceful undertakings were rejected by the terrorists? The

LLRC Update 04.11

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