Sri Lanka: Reflections on Alleged War Crimes and National Response

The UK government has recently imposed sanctions on four individuals— General Shavendra Silva, Admiral of the Fleet Wasantha Karannagoda, General Jagath Jayasuriya, and Karuna Amman—accusing them of serious human rights abuses and violations during Sri Lanka’s civil war [Full Story]. This action has brought renewed attention to the ongoing need for justice and accountability for the atrocities allegedly committed during the conflict. The phrase “Everything is fair in war and love” may attempt to justify the brutal realities of war, but such justifications are unacceptable when dealing with war crimes. In this article, I explore seven key factors in the light of the current situation and their broader implications for Sri Lanka’s response to war crimes. From mass graves to high-profile cases of violence, these accusations challenge the denifal of such crimes by previous governments. They highlight the need for a national reckoning with the past, where justice, accountability, and reconciliation can pave the way toward healing. [Photo by Trnava University on Unsplash]

Mass Graves in the North and East

Sri Lanka has at least seven documented mass graves, four of which are located in the North and East, the former war-torn areas of the country. The first, the Chemmani Mass Grave, is believed to hold 300-400 bodies of Tamil-speaking civilians. For more details, refer to the Chemmani Mass Graves Investigation article on Wikipedia. The second grave, found at Duraiappa Stadium, unearthed 25 skeletons, including those of two children. The third, the Mirusuvil Mass Grave, discovered in 2000, contained eight bodies, some of which were children. The Kokkuthodavai Mass Grave was uncovered in 2023. While these graves may not legally constitute genocide, and while not all of them can be attributed solely to the Sri Lankan Armed Forces (excluding the LTTE rebels), they serve as undeniable evidence of war crimes, directly contradicting the claims that no such crimes occurred made by the former governments.

Two High-Profile Cases from History

On September 7, 1996, Krishanthi Kumaraswamy, an A/L candidate, was abducted and murdered by security forces personnel. Her mother Rassammah, brother Pranavan (16), and family friend Kirupakaran (35), who went searching for her, were also killed. Investigations revealed that five soldiers abducted her, and six others gang-raped and murdered her at a checkpoint. Four years later, on December 20, 2000, the Mirusuvil Massacre occurred. Authorities discovered eight bodies in a “cess pit”, including three teenagers and a five-year-old boy. The executions were carried out by five members of the Long-Range Reconnaissance Patrol. While these atrocities do not directly support claims of war crimes during the final phase of the war, they reveal a disturbing pattern of inhumane violence, challenging the former government’s denial of such crimes.

Note: In a move that added insult to injury, in the year 2020, the Gotabaya Rajapaksa administration granted a presidential pardon to the first accused, Army Staff Sergeant Sunil Ratnayake, who had been on death row for the murder of the said civilians. This decision seemed more like an election maneuver aimed at pleasing the Sinhala Buddhist majority voters than a legitimate act of clemency [Full Story].

The Reality of Forced Disappearances

While the abduction and murders of Krishanthi Kumaraswamy, her immediate family members, and their neighbor—along with the victims of the Mirusuvil massacre—were carried out by low-ranking soldiers, high-ranking officials have also faced serious accusations. Wasantha Kumara Jayadeva Karannagoda, Admiral of the Fleet of the Sri Lanka Navy, is accused of orchestrating the enforced disappearance of 11 youths in Colombo between 2008 and 2009 [source: GroundViews]. Although this incident may not be classified as a war crime under international law, as it occurred outside the direct context of active combat, it raises significant concerns. In the case filed against a group of naval intelligence officers related to these disappearances, Karannagoda is named the 14th defendant. This suggests that these crimes were not isolated acts but may reflect a broader, systematic abuse of power within the military structure.

Note: These disappearances were later featured in a documentary titled White Van Stories, named after the white vans, allegedly used for carrying out the abductions.

The Inhumane Fate of Prisoners of War

The Third Geneva Convention (1949) protects Prisoners of War (POWs) by explicitly prohibiting execution, torture, and exploitation. Since Sri Lanka ratified the Geneva Conventions on May 23, 1959, it is legally bound to uphold these principles, ensuring humane treatment of POWs. Grave breaches, such as extrajudicial executions, torture, and enforced disappearances, qualify as war crimes under international law, and Common Article 3 extends these protections even to internal conflicts. However, reports suggest that Sri Lankan armed forces violated these laws, with documented cases like the execution of Shobana Dharmaraja, revealed by UK’s Channel 4. Additionally, allegations such as the White Flag Incident, raised by former Army Commander General Sarath Fonseka, though not proven beyond reasonable doubt, suggest that war crimes cannot be entirely ruled out, reinforcing the need for accountability and transparency. General Sarath Fonseka was later prosecuted for his statement in what became known as the White Flag Case.

Innocent Civilians Caught in the Crossfire

The Geneva Conventions do not explicitly mention “collateral damage,” but they establish key principles to protect civilians during conflict. These include distinction, which requires combatants to target only military objectives and avoid harming civilians; proportionality, which ensures that civilian harm is not excessive in relation to the military advantage gained; and necessity, which mandates that the use of force is justified by a legitimate military goal. While collateral damage may occur, these principles aim to minimize harm to civilians. Any deliberate attacks on civilians or excessive collateral damage that cannot be justified are considered violations of International Humanitarian Law (IHL) and the Geneva Conventions. The Sri Lankan government cannot deny the high civilian casualties and deaths during the final stages of the war, despite the LTTE using human shields to protect their combatants from attacks by the Sri Lankan Defense Forces [source: BBC].

Dodging Accountability and Responsibility

The Sri Lankan government denies responsibility for war crimes, claiming military actions were necessary to defeat the LTTE. It argues civilian casualties were unavoidable due to the LTTE using human shields and rejects international investigations, calling them politically motivated. Instead, it supports domestic inquiries. Nevertheless, neither the Rajapakse Governments or nor the successive governments have carried out such domestic investigations. Quite often these allegations of war crimes have been used as political maneuver in election campaigns. Even worse journalists like Prageeth Ekneligoda who investigaged these allegations were later abducted and forced to disappear. He was investigating the alleged use of chemical weapons against civilians by the Sri Lankan army in the final stages of the civil war [Full Story]. The response of the general public isn’t any different. People can be seen justifying these crimes of war on the grounds of fighting the LTTE.

Note: Shortly after this article was concluded, it was reported that two Supreme Court judges, Dilip Nawaz and Priyantha Fernando, recused themselves from hearing the petitions, citing personal reasons. The petitions, filed by the families of 11 youths who disappeared after allegedly being abducted in Colombo and its suburbs in 2008, challenge the Attorney General’s decision to withdraw charges against Wasantha Karannagoda, who was the Navy Commander at the time. [source: NewsWire]

The Tamil Diaspora and the United Nations

The potential war crimes committed by the Sri Lankan armed forces are concerning, but the Tamil Diaspora and the United Nations must also be scrutinized. The LTTE is estimated to have killed 40,000 to 70,000 civilians through bombings, assassinations, and massacres during the Sri Lankan Civil War [List of attacks attributed to the LTTE]. These figures remain debated and difficult to confirm due to the chaotic nature of the conflict. Additionally, the LTTE’s use of child soldiers and suicide bombers is widely known. While the LTTE’s accountability is often dismissed, individuals in the Tamil Diaspora, such as Madura Rasaratnam—whose spouse was an advisor to Anton Balasingham—should also face scrutiny. Prosecuting such individuals under international law for aiding or abetting war crimes is crucial. The UN, while demanding accountability from Sri Lanka, has faced accusations of UNRWA employees collaborating with Hamas and committing atrocities against Israeli civilians—reminiscent of the kettle calling the pot black.

Wrap Up

In conclusion, the allegations of war crimes during Sri Lanka’s civil war cannot be ignored. The evidence, from mass graves to high-profile atrocities, paints a troubling picture of violence and injustice that demands accountability. Despite government denials, the scars of these crimes remain deeply embedded in our nation. We must confront the painful truth of our past, not just for justice for the victims, but to prevent such atrocities in the future. The road to healing and reconciliation starts with acknowledging the truth and taking responsibility. Only then can we move forward, fostering a future where justice and human dignity are upheld. By learning from the past and embracing accountability, we ensure that the mistakes of history are not repeated. Let us honor the victims and build a stronger, more just society for all Sri Lankans.

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