Wednesday, October 10, 2007

LTTE Passing-out Parade Hit

The Air Force and the Sri Lanka Army attacked an LTTE Passing-out Parade in the general area of Pooneryn South on the 25th of last month killing over 60 LTTE cadres. This is an account by DefenceWire of the attack reported on the 9th by defence.lk. Air Force Kafir and Mig 27 jets engaged the target first followed by heavy artillery and shelling by the Army. The attack was made following credible ground intelligence. The cadres were engaged in a rehearsal for the Passing-out Parade when the jets struck. Fighter jets were unable to cause maximum damage as the sonic booms heard just before the attack alerted the LTTE in advance. Pooneryn is situated in and between two districts; Kilinochchi to the South and Jaffna to the North.

Meanwhile the LTTE released images of 'Colonel' Sornam who was allegedly injured in an artillery strike in Mutur-Sampur last year. In the images released, Sornam is commemorating the 16th Anniversary of the establishment of the Imran Pandian Regiment. The regiment was first established on 2nd October 1992 to provide close protection to the LTTE Leader. Its base in Vishwamadu was later targetted by the Air Force. The unit is commanded by a veteran LTTE Military Wing Cadres known by the nom de guerre Gadabi.

DefenceWire has also reliably learnt that the rift between Karuna Group's Supreme Commander Pillaian and Karuna-loyal Mangalam Master has deepened after the latter stormed into a meeting held by Pillaian to oust Karuna. Both sides have been severely reprimanded by a third party against launching attacks against each other.

Terrorism, International Law and Human Rights

Terrorism takes many different forms and manifestations. It has been committed by numerous actors, both State and Non-State. In its most basic form, an act of Terrorism is a Crime. A crime is defined as ‘the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited and punishable under the criminal law’ (Encyclopedia Britannica). Terrorist acts such as indiscriminate bombings, armed assaults on civilians, focused assassinations, kidnappings, hostage taking, and hijacking are considered criminal offences in national or international law. Although the state can also commit crimes it often reserves the prerogative to proscribe acts deemed harmful to its citizens as a crime and can punish any person identified as an offender within its legal system and authority (1).

In inter-state wars, or wars between states, crimes committed by the state or ‘war crimes’ can be clearly discerned. In Intra-State wars, where one party to the conflict is often a Non-State actor using unconventional tactics against the state, successfully challenging a state for committing State Terrorism becomes complex as a state is bound by national laws to maintain Law and Order and to safeguard its citizens from harm. This broader definition of the state as the provider of security to its citizens is often considered an inalienable right by many powerful countries. Although there might be problems in the measures adopted by the state in the actual practice of its rights, external actors cannot easily evoke International Law to challenge such states. The violation of International Norms, Rules of Engagement and Ethical Standards by a state is often sighted by National and International Non-State Actors like Human Rights Groups and very rarely by other Nation States.

In many national legal systems, like the Roman Dutch Law for example, a distinction between ‘mala prohibita’ (‘prohibited by statute’) and ‘mala per se’ (‘evil in itself’) exists. In instances where mala per se is evoked, external actors must prove that the state is engaged in the premeditated, unprovoked killing of human beings. The invocation can be based on principles of Human Rights as stipulated by the Geneva Convention.

Obtaining accurate information during an insurgency with regards to deliberate, premeditated and unprovoked killings and repeated acts of Human Rights Violations by the state, especially when the state operates on the premise that it is combating terrorism is a serious challenge. The challenge becomes even more serious when the Non-State actor in an Intra-State conflict has committed serious and highly visible acts of terrorism on a regular basis, thus justifying to a certain degree, the use of unconventional Counter-Terrorism tactics which may sometimes violate Human Rights.


1. Alex P. Schmid. Common Causes of Violent Crime and Conflicts. In: Alex P. Schmid and Irene Melup (Comp./Editor). Violent Crime & Conflict. Proceedings of the International Conference on ‘Violent Crime and Conflicts. Towards Early Warning and Prevention Mechanisms’. Courmayeur, 4-6 October 1997. Milan, ISPAC, 1998, p. 23.

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