Why A War Crimes Investigation Will Have To Wait

trial        Pressure for a war crimes investigation continues to mount. With the sessions of the UN Human Rights Council entering their second week, activists descended on key national capitals, urging governments to pass a resolution that calls for international action.

As usual, India has been the site of the most extreme interventions. As Karunanidhi’s DMK held a meeting of the Tamil Eelam Supporters’ Organisation in Delhi and called for a general strike in Tamil Nadu, a member of Seeman’s NTK self-immolated and eight students of as yet unidentified affiliation launched a fast-unto-death in Chennai. Then a group of thugs ransacked an office of Mihin Lanka in Madurai, and Vaiko’s MDMK laid siege to the Sri Lankan Deputy High Commission, burning effigies of Mahinda Rajapaksa and shouting about genocide.

I argued in my last column that all of these efforts to raise the issue of war crimes are targeting the wrong people – it is not the Indian government that needs to be convinced of the need for an investigation but Sri Lankans.

I should start by saying that I believe that war crimes took place. I believe that the LTTE committed them in abundance and I believe that the Army committed some too, and I believe that one set of wrongdoings cannot be weighed up against another, especially when those wrongdoings involve a third party – the ordinary people of Sri Lanka. Readers need not bother to ask for proof, since I have already said that these are only beliefs, albeit beliefs that have been formed on the basis of experience and common sense and information that is in the public domain.

We may understand why such things are done and even sympathise with and feel gratitude towards the people who take on the responsibility to fight on behalf of others, especially when they have to face an opponent as ruthless as Prabhakaran, but they are not right. We should not pretend otherwise.

We must be able to distinguish between war crimes and the awful consequences of war. We must recognise that war crimes do not just happen – they are the result of conscious decisions by individuals.

Of course the crazies in Tamil Nadu will not care about that. They don’t have to live in Sri Lanka, so they are free to take entirely abstract positions without cluttering their minds with anything so mundane as facts. Reality doesn’t matter to them.

I just hope that it matters to some people.

Whether the Government wins or loses the vote in Geneva is not very important. It certainly deserves censure, for all of the reasons that I have discussed in these columns over the last year. However, if this is done using the threat of a war crimes investigation, it will be to the detriment of the ordinary people of Sri Lanka – the third party in whose name all of this activism is being done.

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