India and Sri Lanka’s internal conflict Q & A: Part 6 On allegations of human rights violations by IPKF and LTTE

Col R Hariharan |28 May 2018

 [This is part 6 of the 9-part series of notes used in a telephone interview  with a civil society social group, which aims to “promote pathways for solving the ethnic issue under a federal solution” in Sri Lanka and to address human rights violations committed during the ethnic conflict by both the LTTE and the Sri Lankan government. The interview was conducted in January 2017, its contents remain still valid.]

Q 10: It has long been reported that the Indian Peacekeeping Forces committed egregious human rights violations in Sri Lanka—such as rape and torture of civilians in the North, shelling, mass killing by the IPKF in hospitals, etc. At the same time, it has been asserted that a lot of these allegations were largely exaggerated by the LTTE as a propaganda tool to organize resistance against the IPKF. What is your response to the human rights violations having been committed by the Indian Peacekeeping Forces against Tamils in the North?   To what extent do you believe the IPKF committed atrocities in Sri Lanka?

I am not surprised at this question, which is a hardy perennial in interviews, though I had not come across a single media person or anyone asking this question to the LTTE leaders when they were alive and kicking.

I have written and spoken about this a number of times; so I have no hesitation in answering this question. I have already given my views on human rights violations inherent in prosecuting war in my answer to Question 1. India Army had always considered such despicable acts as violations of good order and discipline, even before human rights became a political rallying point. So the army does not condone such acts which are breaches of discipline.

During Indian army operations, whenever a complaint is received, we do take follow up action to investigate and punish the guilty. But such actions have their own limitations during active operations. Under traumatic conditions of war, civilians are either unaware of their rights or reluctant for fear of reprisals to pursue their grievances by producing evidence and witnesses. These are essential to court martial the culprits. Many civilians also moved out of their locations due to  war. Wherever such evidences are produced, action was taken to investigate and prosecute the culprits.

The basic problem is both civilian population and the troops come from societies where denial of basic rights is accepted as part of life. So during army training, we do explain the human rights and how their conduct during war and peace should respect them. But there are limitations to such approach, which is largely rooted in maintaining discipline. Despite these limitations, the army is progressively succeeding human rights record of soldiers. It has also carried out improvement the mechanism for handling complaints of violations.

In 1971 War, I have seen a few brigadiers and colonels hauled up for violations after the war in Bangladesh. In Jammu and Kashmir also, Indian army takes such action. There were a few rights violations during IPKF operations by a few black sheep. But the way LTTE painted the instances was black propaganda. However, this does not excuse such heinous acts by soldiers. The legal aspect of prosecuting IPKF’s conduct according to law was also vague as civilian areas were under the control of Sri Lanka government; it could have taken action suo moto.

I had always felt at least in two incidents - the killings in Jaffna Teaching Hospital and the Indian troops’ violent reaction in the aftermath LTTE ambush in Valvettiturai – the army should have carried out a more thorough and convincing investigation. But it was 1987-90 when neither nationally nor internationally human rights enjoyed the global attention it has now. Often some of the Sri Lankans, known to needle India, have argued that if Sri Lanka was to be investigated for gross human rights violations, why not the IPKF be investigated I have told them well why not? Please go ahead if one has the time and energy to pursue it 29 years after the events.   

Q11: In 2009, during the final stages of the war, the LTTE used civilians as human shields. However, not known to many, the LTTE also used civilians as human shields during their battle with the IPKF.  During their battle with the IPKF, can you talk about what techniques the LTTE employed in order to use civilians as human shields and how did the IPKF respond to such actions by the LTTE?

 

To my knowledge, during our time in IPKF, LTTE did not have the coercive capabilities to push large bodies of civilian population as human shields during operations as in the last Eelam War. But it usually used civilians nearby, even children, as a shield to make a getaway, say after throwing a grenade or firing at an Indian patrol. This is an operational detail; so I will not be able to provide more details. (To be continued)