War
crimes by any other name
A rose by any other name, wrote the
Bard, would smell as sweet.
Those meeting
at the Rose Garden resort in Bangkok seem to be intoxicated by the
sweet smell of success to judge by the comments of the principal
protagonists to the second round of the Sri Lanka government- LTTE
talks.
While the emerging
bonhomie between the two sides appears genuine enough, one incident
seems to have rattled Dr. Anton Balasingham and his Tiger colleagues
as evidenced by their rather abrasive comments to the media.
That incident
is the Colombo High Court's announcement of the verdict on the 1996
Central Bank bombing in which Tiger leader Velupillai Prabhakaran
was also on trial, though in absentia.
The trial judge
found Prabhakaran and several others guilty on a number of counts
and gave them varying sentences. Prabhakaran who was found guilty
on 10 counts was sentenced to life for each offence and received
an accumulated sentence of 200 years.
There are those who find such a sentence laughable on the basis
that a person can only serve one life sentence and it makes a mockery
of justice to give several life sentences to the same convicted
person.
Dr. Balasingham
is one of those who found such a verdict absurd. Not only did he
condemn it but was obviously riled at the timing of the announcement-
on the eve of the second round of talks.
The learned
doctor seemed to smell more than the scent of roses. He apparently
thought that the verdict, coming as it did just prior to the talks,
would serve as an obstacle to the peace process in the sense that
it would stigmatise the LTTE leader in the eyes of the Sri Lankan
people and harden the opposition to the negotiations.
If Dr. Balasingham
thought that this verdict had suddenly awoken ignorant Sri Lankans
and the world at large to Mr. Prabhakaran's activities, then he
must surely have been living in a world cocooned from reality.
It was not
so long ago that Mr. Prabhakaran emerged from the Wanni jungles
in safari suit looking more like a South Asian businessman than
the leader of a ruthless organisation, to face the media.
At that encounter
at which his sidekick and leading negotiator was also present, Indian
journalists in particular pressed him on the Rajiv Gandhi killing.
The LTTE leaders tried to fob it off as something in the past and
tended to minimise the whole affair.
But the Jain
Commission had already pointed the finger very clearly at the LTTE
and its leader for killing the former Indian prime minister. The
Indian courts would like to see him produced in India and it is
well known that the Indian authorities have asked the Sri Lanka
government for his extradition.
The fact that
India considers Mr Prabhakaran a wanted criminal in connection with
the Gandhi assassination did not in any way stop Dr Balasingham
and the LTTE from suggesting that the talks with the Sri Lanka government
be held in India or requesting that the LTTE's chief negotiator
be allowed access to medical facilities in Chennai.
Having killed
a one-time leader and a person from a respected Indian family, how
Balasingham and the LTTE could so blithely ask Indian assistance
to satisfy the personal convenience of the LTTE shows the kind of
morality that governs their actions.
Just as the
LTTE dismissed the angry questioning of Indian journalists on the
Gandhi killing as a thing of the past, Dr Balasingham and his negotiating
colleagues want the people of Sri Lanka to forget the Central Bank
bombing and other atrocities in which hundreds of innocent persons
were killed, as actions committed during a state of war.
The learned
doctor has argued, according to media reports, that these bombings
etc were committed under different conditions-when the LTTE was
at war with the Sri Lankan state.
By so arguing
he is trying to minimise the enormity of the LTTE's crimes. But
in doing so he is also conceding that the LTTE was responsible for
them, which of course, the Tigers never admitted at the time.
But as Kishali
Pinto Jayawardene rightly pointed out in her column last Sunday
quoting the New York-based Human Rights Watch, suicide bombing is
considered a war crime. Before Human Rights Watch claimed so in
its latest report, Amnesty International had also sharply criticised
the practice of suicide bombings calling it a crime against humanity.
These international
bodies rightly believe that suicide bombings are generally indiscriminate
in that the victims of such attacks are innocent civilians who are
not active participants in the conflict.
Dr. Balasingham's
defence of LTTE actions of the past might have some validity had
the attacks been against military targets. In many cases they were
not. How does the Pettah bus stand become a military target? How
does a train transporting office workers from Colombo to the suburbs
become a military target? How did the Buddhist worshippers at Anuradhapura
or Muslims at prayer in a mosque in the eastern province become
military objectives?
Is Dr. Balasingham
then - even inadvertently- admitting that the LTTE has committed
war crimes and are guilty of crimes against humanity?
Scoffing at
the 200-year sentence passed on his leader, Dr. Balasingham argues
that if the LTTE sat in judgement over Sri Lanka's leaders, they
would receive 2000 year sentences.
It is surprising
that the man who has been holed up in London does not seem to know
that recently a British doctor, Harold Shipman, was given 15 death
sentences for killing a number of his patients. The full extent
of his crimes was not known then and today is believed to have killed
well over 200.
As for the
2000-year sentences (even Hitler was more modest with a 1000-year
Reich), Dr Balasingham is surely exaggerating. All those Tamil leaders
across the northern political spectrum who were eliminated by the
LTTE had their lives snuffed out in minutes, if not seconds.
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