UN REPORT ON SRILANKA - EXTRACTS...

Original report is total of 214 page PDF document. Some of my key extracts below...please read full report.
http://www.un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf
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REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA

31 March 2011

REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA

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Allegations found credible by the Panel:
The Panel’s determination of credible allegations reveals a very different version of the final stages of the war than that maintained to this day by the Government of Sri Lanka. The Government says it pursued a “humanitarian rescue operation” with a policy of “zero civilian casualties.” In stark contrast, the Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity.

Specifically the Panel found credible allegations associated with the final stages of the war. Between September 2008 and 19 May 2009, the Sri Lanka Army advanced its military campaign into the Vanni using large-scale and widespread shelling, causing large numbers of civilian deaths.

The Government systematically shelled hospitals on the frontlines.


Thus, in conclusion, the Panel found credible allegations that comprise five core categories of potential serious violations committed by the Government of Sri Lanka: (i) killing of civilians through widespread shelling; (ii) shelling of hospitals and humanitarian objects; (iii) denial of humanitarian assistance; (iv) human rights violations suffered by victims and survivors of the conflict, including both IDPs and suspected LTTE cadre; and (v) human rights violations outside the conflict zone, including against the media and other critics of the Government.

The Panel’s determination of credible allegations against the LTTE associated with the final stages of the war reveal six core categories of potential serious violations: iii
(i) using civilians as a human buffer; (ii) killing civilians attempting to flee LTTE control; (iii) using military equipment in the proximity of civilians; (iv) forced recruitment of children; (v) forced labour; and (vi) killing of civilians through suicide attacks.



C. Credible allegations relating to the conduct of the armed conflict:

1. Prelude: Exclusion of the international presence from the Vanni
2. Government restrictions on humanitarian access
3. SLA shelling of civilians in the first No Fire Zone
4. SLA shelling of PTK Hospital
5. LTTE forced recruitment and forced labour in the second No Fire Zone
6. SLA shelling in the second No Fire Zone
7. Shelling of Putumattalan Hospital
8. Hindrance of humanitarian assistance via the ICRC ships
9. SLA shelling including Mullivaikkal Hospital
10. LTTE killing of civilians and forced recruitment


E. The number of civilian deaths
Two years after the end of the war, there is still no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.



F. Credible allegations relating to events outside the conflict zone and in the aftermath

1. Violations during the screening process

(a) Executions
Authenticated footage and numerous photographs indicate that certain LTTE cadre were executed after being taken into custody by the SLA.

(b) Disappearances
At least 32 submissions made to the Panel alleged disappearances in May 2009, some of them dealing with groups of persons rather than individuals. Many of these were persons who had surrendered to the SLA.

(c) Rape and sexual violence
Rape and sexual violence against Tamil women during the final stages of the armed conflict and, in its aftermath, are greatly under-reported. Cultural sensitivities and associated stigma often prevented victims from reporting such crimes, even to their relatives.


2. Violations in the IDP camps
(a) Arbitrary detention of IDPs in closed camps
(b) Inhumane camp conditions
(c) Torture in detention
(c) Torture in detention

3. Arbitrary detention of suspected LTTE

G. Other allegations

1. Allegations of the use of cluster munitions or white phosphorus 169.
There are allegations that the SLA used cluster bomb munitions or white phosphorus or other chemical substances against civilians, particularly around PTK and in the second NFZ. Accounts refer to large explosions, followed by numerous smaller explosions consistent with the sound of a cluster bomb. Some wounds in the various hospitals are alleged to have been caused by cluster munitions or white phosphorus. The Government of Sri Lanka denies the use of these weapons and, instead, accuses the LTTE of using white phosphorus.

2. The “White Flag” incident
Various reports have alleged that the political leadership of the LTTE and their dependants were executed when they surrendered to the SLA.



H. The Government’s version of events
The credible allegations above reveal a version of the final stages of the war very different from that of the Government of Sri Lanka. The Government says it pursued a
“humanitarian rescue operation” with a policy of “zero civilian casualties”.

After a rigorous review and assessment of all of the available information, the Panel is unable to accept the version of events held by the Government of Sri Lanka.


I. Conclusions
The Panel’s account of the allegations associated with the final stages of the war thus reveal five core categories of potential serious violations committed by the Government of Sri Lanka:
(a) Killing of civilians through widespread shelling.
(b) Shelling of hospitals and other humanitarian objects.
(c) Denial of humanitarian assistance.
(d) Human rights violations suffered by victims and survivors of the conflict.
(e) Human rights violations outside the conflict zone.

The Panel’s account of the allegations associated with the final stages of the war also reveals six core categories of potential serious violations committed by the LTTE:
(a) Using civilians as a human buffer.
(b) Killing civilians attempting to flee LTTE control.
(c) Using military equipment in the proximity of civilians.
(e) Forced labour.
(f) Killing of civilians through suicide attacks.
During the final stages of the war, the LTTE continued its policy of suicide attacks outside the conflict zone. Even though its ability to perpetrate such attacks was diminished compared to previous phases of the conflict, it perpetrated a number of attacks outside the conflict zone, including a suicide bombing at a screening centre in Mullaittivu on 9 February 2009, in which around 30 people died, and a suicide attack killing Minister Mahinda Wijesekera at Akuressa on 10 March 2009, killing around 15 people.


IV. Legal Evaluation of Allegations
In light of the Panel’s conclusion that the allegations described in chapter III are credible, it will now examine the legal qualification of those allegations.