achieving accountability for crimes under international law involves the right to the truth, the right to justice and the right to reparations, including through institutional guarantees of non- recurrence. The Panel has also drawn on the diverse practical approaches, consistent with these standards, which have been developed in numerous other countries that have faced similar challenges for ensuring accountability. The Panel has used this framework as the basis both for assessing the domestic policy, measures and institutions, which are relevant to the approach to accountability taken by the Government of Sri Lanka to date, and for developing its recommendations to the Secretary-General. Finally, in formulating its advice, the Panel has given priority to the rights and needs of the victims who suffered tragic consequences from the actions of both parties in the protracted armed conflict in Sri Lanka; women, children and the elderly usually bear the brunt of suffering and loss in wars, and the Sri Lankan case is no exception.
Allegations found credible by the Panel
The Panel’s determination of credible allegations reveals a very different version of the final stages of the war than that maintained to this day by the Government of Sri Lanka. The Government says it pursued a “humanitarian rescue operation” with a policy of “zero civilian casualties.” In stark contrast, the Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity. Indeed, the conduct of the war represented a grave assault on the entire regime of international law designed to protect individual dignity during both war and peace.
Specifically the Panel found credible allegations associated with the final stages of the war. Between September 2008 and 19 May 2009, the Sri Lanka Army advanced its military campaign into the Vanni using large-scale and widespread shelling, causing large numbers of civilian deaths. This campaign constituted persecution of the population of the Vanni. Around 330,000 civilians were trapped into an ever decreasing area, fleeing the shelling but kept hostage by the LTTE. The Government sought to intimidate and silence the media and other critics of the war through a variety of threats and actions, including the use of white vans to abduct and to make people disappear.
The Government shelled on a large scale in three consecutive No Fire Zones, where it had encouraged the civilian population to concentrate, even after indicating that it would cease the use of heavy weapons. It shelled the United Nations hub, food distribution lines and near the International Committee of the Red Cross (ICRC) ships that were coming to pick up the wounded and their relatives from the beaches. It shelled in spite of its knowledge of the impact, provided by its own intelligence systems and through notification by the United Nations, the ICRC and others. Most civilian casualties in the final phases of the war were caused by Government shelling.
The Government systematically shelled hospitals on the frontlines. All hospitals in the Vanni were hit by mortars and artillery, some of them were hit repeatedly, despite the fact that their locations were well-known to the Government. The Government also systematically
ii
