Humanitarian Operation conducted strictly in accordance with ‘Zero Civilian Casualty’ policy

Chaminda Perera

The Court of Inquiry that investigated into the observations made by the Lessons Learnt and Reconciliation Commission (LLRC) in its report Part I yesterday upheld that the Humanitarian Operation was conducted strictly in accordance with the policy of ‘Zero Civilian Casualties’.

The Court of Inquiry concluded that LTTE terrorists had committed various unlawful acts such as using civilians as human shields, stationing artillery and other heavy weaponry amidst civilian concentrations, and thus grossly violating the international law with impunity.

The Court of Inquiry convened by the Army Commander in terms of Regulation 4 of the Courts of Inquiry Regulations 1952, has also found that the LTTE was involved in illegal conscription of civilians including children and old people for combat purposes putting their lives in danger. The Court also noted that the international community had failed in their duty to stop the war crimes committed by the LTTE.Army Spokesman Brigadier Ruwan Wanigasuriya said the report was presented to Defence Secretary Gotabhaya Rajapaksa by Army Commander Lt. Gen Jagath Jayasuriya with the latter’s observations at the Defence Ministry yesterday.

The Army Commander appointed the Court of Inquiry to investigate the observations made by the LLRC in respect of the Sri Lanka Army and the allegations made on British Channel 4 video clip.

The Court of Inquiry presided by Major General A.W.J.C. de Silva comprised Major General A.K.S.P. Perera, Brigadier J.R. Kulatunga, Brigadier W.R.P. de Silva, Brigadier A.S. Wijewickrema and Lt Col H.L.M.D. Herath.

The report said the evidence before Court has conclusively established that the Humanitarian Operation was conducted strictly in accordance with the “Zero Civilian Casualty” directive made by President Mahinda Rajapaksa.

It said the Commanders at all times obeyed the directive and even where the LTTE terrorists had fired from No Fire Zones, the Commanders refrained from firing at such NFZs.

The report added that the evidence has upheld that Artillery Commanders had added 500 meters more to the boundaries of NFZs given by higher headquarters as an additional measure of safety.

Evidence revealed that at all stages of the Humanitarian Operation, the Sri Lanka Army behaved as a well-disciplined military force observing the International Humanitarian Law and the law of war and they took all the precautions to avoid civilian casualties.

The Army Commander in his concluding remarks said the evidence presented before the Court of Inquiry does not attach blame to any Sri Lanka Army member.

“If new evidence is presented by any person giving precise information on civilians casualties, such instances will be investigated further by giving such persons the opportunity to present their evidence,” the Commander said in his remarks.

The Army Commander said in any war, even those fought by western powers using state of the art equipment, civilian casualties are inevitable due to the vagaries of war.

The report upheld that those who came under the control of the Sri Lanka Army, including surrendered/captured LTTE cadres, were treated humanely observing the IHL to the letter.

On the contrary, shocking details of war crimes committed by LTTE terrorists such as using of civilian as Human Shields, summary executions of civilians who attempted to escape to army lines, forced conscription of children for combat purposes etc were revealed at the inquiry. committed by the LTTE terrorists.

Senior field commanders and infantry, armour, artillery, intelligence, civil affairs and medical officers who took part in the Humanitarian Operation were examined by the Court.

From the testimony presented, the C of I concluded that the instances of shellings referred to in the LLRC Report were not caused by the Sri Lanka Army and civilian casualties might have occurred due to unlawful acts by the LTTE.

The C of I will now proceed to investigate the second part of their mandate, to wit Channel 4 allegation on summary executions of captured LTTE terrorists.