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Sri Lankas Greatest War Criminal (Gotabaya)

is a US Citizen: Its Time to Hold Him


Accontable
By !yan Goodman"Monday, May 19, 2014

Just Security
Monday, May 19th marks the five-year anniversary of the end of Sri Lankas civil war, which
claimed the lives of 40,000 to 70,000 civilians in its catastrohic! final hase" #n $009,
%on&ress asked the State 'eartment to reort on the h(manitarian law violations d(rin& the
war, and those reorts make for &r(esome readin&" #f history is a &(ide, this week con&ressional
reresentatives will ()licly call for acco(nta)ility for war crimes in Sri Lanka*as mem)ers
of %on&ress have done on the ast fo(r anniversaries" +See accomanyin& ost, ,onor -oll of
.S %on&ressional Mem)ers /hove Stood for 0cco(nta)ility in Sri Lanka!1
2his ost rooses secific action that con&ressional mem)ers can incl(de in s(ch calls, and
somethin& meanin&f(l that the 3(stice 'eartments war crimes section can do"
2he man who oversaw the Sri Lankan armed forces oerations d(rin& the final sta&es of the
war was the 4residents )rother and c(rrent 'efense Secretary, 5ota)aya -a6aaksa +5ota!1"
0s detailed )elow, not only was 5ota the self-roclaimed mastermind of the militarys actions
and th(s criminally lia)le (nder well-settled international r(les of command resonsi)ility7
there is also rima facie evidence in the ()lic record that he ordered the e8ec(tion of olitical
leaders and their families (on their s(rrender, that he directed the systematic )om)in& of
civilian hositals, and that he reeatedly s(&&ested that he co(ld tar&et and deli)erately kill
innocent civilians in order to win the war a&ainst the L229" 2hats 6(st the ()lic record"
+2here is &ood reason to )elieve the 3(stice 'eartment is sittin& on a trove of additional
incriminatin& evidence a&ainst 5ota"1
/hy mi&ht 0mericans, in artic(lar, care a)o(t 5ota:
,eres the dirty secret; ,e is one of (s" 0s l(ck! wo(ld have it, 5ota haens to )e an
0merican citi<en, who once worked as a com(ter systems administrator at Loyola Law
School in Los 0n&eles )efore he )ecame the architect of Sri Lankas =illin& >ields"
0s a citi<en of the .nited States, Sri Lankas 'efense Secretary is th(s directly lia)le (nder
%on&resss /ar %rimes 0ct*a le&al windfall for any .S effort to investi&ate and rosec(te
him across international )orders" ,is citi<enshi also e8ands .S olicy sace*)y
red(cin& .S v(lnera)ility to acc(sations of meddlin& if we &o after one of o(r own" 2hats the
(side to takin& s(ch actions"
2here is also a downside in not takin& action*and takin& it soon" >ail(re to act when we have
s(ch a caacity to do somethin& meanin&f(l (ndermines the .S osition that the time for
acco(nta)ility in Sri Lanka is now, esecially since the -a6aaksa &overnment has
demonstrated no real interest in (rs(in& credi)le war crimes investi&ations on its own"
>ail(re to act also sends a ne&ative si&nal for .S co(nterterrorism efforts with other forei&n
military artners" 5ota and his to )rass disre&arded reeated .S calls for restraint d(rin& the
final sta&es of the war, desite years of relationshi-)(ildin& )etween o(r two militaries +see
the S>-%s =erry -eort! of $0091" S(ch &ross e8cesses )y the army followed )y an a)sence
of acco(nta)ility for their actions si&nals a lack of .S levera&e to o(r military artners
elsewhere" Moreover, Sri Lankas historic defeat of an ins(r&ency is emer&in& as a cometin&
model to .S co(nterins(r&ency and co(nterterrorism strate&y" #t is a draconian alternative that,
if adoted )y other militaries, risks co(nterrod(ctive and )low)ack effects to the detriment of
.S interests" 2he .nited States now needs to take ( the mantle to demonstrate to the world
that 5otas model of warfare is a)sol(tely (nacceta)le"
Lets t(rn to the facts in the ()lic record a)o(t 5otas alle&ed crimes"
I# Alle$ed Crimes
A# Command res%onsibility
0mon& the standard forms of criminal lia)ility for commanders d(rin& armed conflict, 5ota
may )e held lia)le if his s()ordinates eretrated widesread crimes and he failed to reress
them" 2he .? Secretary-5enerals anel of e8erts fo(nd war crimes committed on )oth sides
of the conflict, incl(din& instit(tionali<ed ractices and olicies on the art of the &overnments
forces" 2he reort concl(ded that the evidence of systematic war crimes and crimes a&ainst
h(manity reresented a &rave assa(lt on the entire re&ime of international law! desi&ned to
rotect victims of armed conflict"
'id 5ota e8ercise the tye of control over the troos that committed those acts: %onsider fo(r
data oints;
1" #n an interview osted on the Sri Lankan 'efense Ministrys we)site, 5ota )oasted a)o(t his
close mana&ement of the oerations;
5ota)aya says that he alon& with @Sri Lankan armed forcesA to )rass Bread and
analysed the war oerations every ho(r, every day" C BMy 6o) was to (nderstand the
riorities, rationally or&ani<e those riorities in terms of what was really reD(ired for
victory and fl(sh o(t needs and reD(irements that had <ero relevance to o(r
o)6ectives"!
$" #n a /ikileaks ca)le, .S 0m)assador 4atricia E(tenis candidly reorted that resonsi)ility
for many of the alle&ed crimes rests with the co(ntrys senior civilian and military leadershi,
incl(din& 4resident -a6aaksa and his )rothers"! Senator 9d Markey has called 0m)assadors
E(teniss statement devastatin&"!
F" 0lso ro(dly rerod(ced on the &overnments we)site is a detailed article ()lished in
the Indian Defence Review entitled, 9i&ht >(ndamentals of Gictory or the B-a6aaksa Model
of >i&htin& 2error"! 2he descrition of the Si8th >(ndamental*%omlete Herational
>reedom!*shows how 5ota (nleashed the worst forms of violence )y his troos;
/ith rock solid olitical )ackin& >onseka was a)le to motivate his troos and
officers to &o all o(t witho(t fearin& any adverse conseD(ences" #ts not s(rrisin&
why 9elam #G t(rned o(t to )e a )loody and a )r(tal war" B2hat there will )e civilian
cas(alties was a &iven and @5otaA -a6aaksa was ready to take the )lame" 2his &ave
the 0rmy tremendo(s confidence" #t was the )est morale )ooster the forces co(ld
have &ot, says a Sri Lankan minister who wishes to let this D(ote remain
(nattri)(ted"!
4" 0 ro-&overnment )ook +check o(t the )ook la(nchs fanfare1, Gotas War, descri)es a well-
discilined military camai&n in the final sta&es" 5ordon /eiss, who served as the .?
sokeserson in Sri Lanka in the final months of the war, stated that the details inGotas
War confirms )eyond do()t the command resonsi)ility of 5ota)aya -a6aaksa"!
&# 'irect orders: T(e )*(ite +la$, incident
Hn May 1I, the 4resident of Sri Lanka anno(nced the military defeat of the L229" 0t ro(&hly
I;F0 a"m" two days later, accordin& to the .? anel of e8ertsB findin&s +and other
re(ta)le reorts1, the two to olitical leaders of the L229 emer&ed from their hideo(t
walkin& slowly with a white fla& and accomanied )y a lar&e &ro( of their family mem)ers in
a s(rrender that had )een or&ani<ed )y international )rokers" 2he two leaders and their family
mem)ers, incl(din& (narmed women and children, were all shot dead" 0s the State
'eartment reorted to %on&ress, Sri Lankas own former 0rmy %hief stated that 5ota had
&iven the order that they m(st all )e killed"! @2he 0rmy %hief made those statements to the
media, and secretly disc(ssed the incident with the .S 0m)assador"A
#n an interview with EE%s ,ardtalk, 5ota was told that the former 0rmy %hief said he wo(ld
testify )efore an indeendent war crimes investi&ation" 5ota resonded irate; ,e cant do that"
,e was the commander" C 2hat is a treason" /e will han& him"! 2he 0rmy %hief was later
rosec(ted and imrisoned in a manner that the State 'eartment reco&ni<ed as ille&itimate in
its $011 ann(al reort on Sri Lanka"
#n $011, Eritains channel 4 reorted an interview with an army officer who served in Eri&adier
Shavendra Silvas JK 'ivision that carried o(t the attack" 2he officer stated; 2he defence
secretary honed Eri&adier Shavendra Silva and ordered him not to take them risoner, )(t to
kill them" C # can confidently state that those who ordered the killin&s were 'efence Secretary
5ota)aya -a6aaksa and Eri&adier Shavendra Silva"!
Lo( mi&ht ask, what haened to Eri&adier Silva after the white fla& incident: ,e was
romoted to Ma6or 5eneral and then aointed 'e(ty 0m)assador to the .nited ?ations in
?ew Lork"
C# 'irect orders: Attackin$ ci-ilian (os%itals
2he .? Secretary-5enerals anel reort incl(des findin&s that @tAhe 5overnment
systematically shelled hositals on the frontlines" 0ll hositals in the Ganni were hit )y mortars
and artillery, some of them were hit reeatedly"! 2he 'eartment of States $01$ reort to
%on&ress icked ( on these findin&s and concl(ded that they sho(ld )e investi&ated and
rosec(ted" 2he State 'eartments reort, handled )y its Hffice of 5lo)al %riminal 3(stice,
states;
@2Ahe @.nited ?ations anelA reort concl(des that Bvirt(ally every hosital in the
Ganni, whether ermanent or makeshift, was hit )y artillery"2he 4anel fo(nd that
the 42= ,osital was shelled every day from 3an(ary $9 to >e)r(ary 4 most likely
)y the JJth 'ivision of the SL0"
C0s these alle&ations imlicate &rave )reaches of #,L, they merit f(ll investi&ation
and, if aroriate, rosec(tion of the resonsi)le individ(als"! +my emhasis
added1
#n interviews with the media, 5ota stated that he considered these hositals le&itimate military
tar&ets" 2hats ri&ht, a rosec(tors dream iece of evidence" ,ere is one of thosee8chan&es;
-94H-29-; 2he aid a&encies say a hosital acked with wo(nded has )een
reeatedly shelled, killin& some atients and in6(rin& many more" 2he 'efence
Secretary has told (s that ri&ht now everythin& is a le&itimate tar&et if its not within
the safe <one the &overnment has created" 0nd the only hosital @in the areaA is
o(tside that <one"
5H20; ?othin& sho(ld e8ist )eyond the no fire <one" ?othin& sho(ld C
#?29-G#9/9-; So 6(st to )e clear, if this hosital is oeratin&C
5H20; ?o hosital sho(ld, no hosital sho(ld oerate nowC
#?29-G#9/9-; #f its o(tside of the safe <one, its a le&itimate tar&et:
5H20; Les" ?o hosital sho(ld oerate in the area, nothin& sho(ld oerate" 2hat is
why we clearly &ave these no fire <ones"! +emhasis added1
2o )e clear, altho(&h the a)ove admission alied to a hosital o(tside the ?o >ire Mones, the
Sri Lankan military shelled hositals )oth inside and o(tside those areas d(rin& the last sta&es
of the war"
'# Attackin$ Ci-ilians
,(man -i&hts /atch reorted that 5ota s(&&ested he considered civilians in the area le&itimate
tar&ets;
Sri Lankas 'efense Secretary 5ota)haya -a6aaksa s(&&ested in an interview
to media on >e)r(ary F @$009A that all ersons s()6ect to attack )y the armed forces
were le&itimate L229 tar&ets" ,e stated; B2here are no indeendent o)servers, only
L229 symathi<ers" -adio anno(ncements were made and movement of civilians
started a month and a half a&o"!
2hat o(tlook was also in evidence d(rin& an eisode reco(nted in 5ordon /eisss )ook,The
Cage, in which 5ota ver)ally er(ted in resonse to a dele&ation from the .? at the home of
Sri Lankas forei&n minister;
2hey resented the .? estimate of the n(m)er of dead to a &atherin& of ministers
and officers" 0n enra&ed defense secretary demanded to know what )(siness the .?
tho(&ht it had collectin& n(m)ers" ,e insisted that they sho(ld refer to the dead as
Beole rather than Bcivilians, s(&&estin& that no distinction co(ld )e made )etween
fi&hters and innocent victims"! +" 1$41
# ima&ine some of the mem)ers of that .? dele&ation wo(ld )e willin& to testify a&ainst 5ota"
II# Ste%s +or t(e United States
0ccordin& to the internal talkin& oints reared for the .S 0m)assador to Sri Lanka on the
release of the State 'eartments $009 reort to %on&ress, .S or international rosec(tions
loomed as a threat" 2he talkin& oints read;
#nternational law laces rimary resonsi)ility on the state to ens(re that those
resonsi)le for violations of international h(manitarian law and h(man ri&hts law in
its territory are held acco(nta)le, )(t reco&ni<es the aroriateness of international
mechanisms where a state is (na)le or (nwillin& to act"!
5ota is a key o)stacle to meanin&f(l acco(nta)ility in the co(ntry, and he needs to )e
olitically mar&inali<ed to make room for more moderate voices" #n 5otas own words, as lon&
as he holds the reins, there will )e no credi)le war crimes investi&ations" ,e told the EE%;
2here will )e no investi&ations in this co(ntry" C 2hese are the eole who have
other motives who are askin&" C # am not allowin& any investi&ations in this
co(ntry" 2here is no reason" ?othin& wron& haened in this co(ntry" C 2ake it
from me" C 2his is my final word"!
2he /hite ,o(se s(ccessf(lly led an effort at the .? callin& for an international war crimes
inD(iry, and %on&ress +thro(&h the State and >orei&n Herations 0roriations 0ct1 has
ti&htened the screws on Sri Lanka with resect to financial and military cooeration" /hat
secific stes are now oen to the .nited States to enhance these efforts:
A# .blicly o%en a criminal in-esti$ation
9ven if 5ota never sees the inside walls of a .S rison, the /hite ,o(se co(ld send a owerf(l
si&nal of its commitment to acco(nta)ility )y formally investi&atin& and, if the evidence is
there, indictin& 5ota" #t wo(ld at least hel to mar&inali<e a man who many consider a
rincial road)lock to a 6(st and sta)le transition" 0s # e8lained a)ove, )eca(se of 5otas
citi<enshi the .S wo(ld also )e less v(lnera)le to acc(sations of meddlin&" 0nd, indeed, the
.S administration co(ld also s(send its own criminal inD(iry, in a very ()lic way, on the
&ro(nd that it will &ive Sri Lankas olitical esta)lishment an oort(nity to do the ri&ht thin&"
%on&ressional mem)ers can very ()licly s(ort the initiation of a f(ll-)lown criminal
inD(iry )y the 3(stice 'eartment"
&# !elease key in+ormation t(e US (olds
2he administration sho(ld ()licly release some of the intelli&ence that it mi&ht have in its
ossession s(ch as hone intercets of 5otas orders and satellite ima&ery of the last sta&es of
the war" #n a ost-Snowden world, revelation that the .nited States has these caacities and
en&a&es in s(ch S#5#?2 oerations is nothin& new" 0t least the cost is not as hi&h to revealin&
this information, and its ()lic e8os(re can )e esecially val(a)le in mo)ili<in& efforts toward
acco(nta)ility"
N N N
#n May $009, 4resident H)ama stood in front of the /hite ,o(se +video7 transcrit1 to call on
Sri Lankas &overnment to sto the indiscriminate shellin& that has taken h(ndreds of innocent
lives, incl(din& several hositals"! 5ota flatly i&nored that warnin&" 2akin& the stes o(tlined
in this ost wo(ld allow the 4resident to show that i&norin& s(ch a messa&e can have serio(s
conseD(ences"

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