The doctrine of Military Necessity during internal armed conflicts

Dr Telli. C. Rajaratnam

The duly elected Executive President of the Democratic Socialist Republic of Sri Lanka, President Mahinda Rajapaksa, as the Commander in Chief of the Armed Forces had to take affirmative action to destroy terrorism. He was morally and legally bound to protect his subjects from all forms of terror

Continued from last Tuesday (31)

President Mahinda Rajapaksa

The ‘principle of distinction’ is fundamental to humanitarian law, but its precise content varies according to the kind of conflict. In national liberation struggles - and international armed conflicts - the distinction is between ‘civilians’ and ‘combatants.’ Combatants have no right to life under humanitarian law. Every individual is classified as either a combatant or as a kind of protected person, such as a prisoner of war (a captured combatant) or a civilian.

An individual’s rights change when his classification changes. A civilian has the right not to be targeted for attack and the right to receive some protection from attack. If the civilian joins the armed forces, he exchanges the rights of a civilian for the rights of a combatant. A combatant has the right to take part in hostilities.

Global problem

We are not alone in this. All round the world, governments are struggling with the same problems. We must have co-operation, determination and consensus. We are a community of people, whose self-interest and mutual interest at crucial points merge and that it is through a sense of justice that community is born and nurtured. This is the moment to bring the faiths closer together in understanding of our common values and heritage a source of unity and strength.

By the strength of our common endeavour, we achieve more together than we can alone. We must reach beyond our fears and our divisions to a new time of great and common purpose. Let us trace the roots of affirmative action. Let us determine what it is and what it isn’t. Let us see where it has worked and where it hasn’t and ask ourselves what we need to do now.

We must not permit a contaminated moral environment. Let us not negotiate out of fear, but let us never fear to negotiate.

Allegiance to the President

Every citizen owes his or her allegiance to the Constitution and to the Head of State- the duly elected President of the Democratic Socialist Republic of Sri Lanka. Laws will have to be changed not to deny the basic liberties but to prevent their abuse and protect the most basic liberty of all; freedom from terror.

The people are terrorized by certain vested interests in their vile pursuits for power committing crimes and targeting a reflex scenario as if the government was responsible. All Tamil political parties with the name ‘Eelam’ should be banned forthwith. All Tamil Militant Groups should be disarmed and tried for their crimes against humanity. We must work as a community to ensure that everyone not just a privileged few get the collective ability to further the individual’s interests.

There are individuals and groups who may be critical of the President for political gain, but the President has always taken affirmative action within the norms required of the President. No progress can be made unless a common ground is established. To endeavour to establish common ground certain specific responsibilities on the people and political leaders should be imposed.

More of our people must set an example. People should be made conscious of their conduct. We must learn to discuss matters with those who are different from us. Not just people who agree with us but with somebody who is different.

We cannot restore peace unless we can find some way to bring the nation close together. We must be patriotic. We must uphold and defend the constitution and the Head of State-the President.

We owe allegiance to the President and the constitution as citizens of Sri Lanka. We must uphold the norms of the constitution apprehend and prosecute those who terrorize us by their actions and threats, then economic prosperity will follow suit. Our destiny lies in our hands.

Patriotism

Our victory as a Nation would be when all the Tamil Militants and their Eelam parties and their leaders be defeated and destroyed in the best interests of our Nation! In conclusion, may I cite the great General George S. Patton, Jr., Almighty and most merciful Father, we humbly beseech Thee of Thy great goodness to restrain this immoderate weather with which we have had to contend. Grant us fair weather for battle.

Graciously harken to us as soldiers who call upon Thee that, armed with Thy power, we may advance from victory to victory, and crush the oppression and wickedness of our enemies, and establish Thy justice among men and nations. AMEN.

For these reasons the President cannot be tried for war crimes. In the meantime we must wisely cast away the Tamil Militant politicians whose every violent violation of human rights by their offences will be attributed to the government that just sits and watches without apprehending them and trying them in the Court of Law in Sri Lanka. One Nation, One Law and Justice to all. God Bless Sri Lanka!

Concluded

[email protected]