Sri Lanka – The Conflict Years (2006–2009) and the UN/UNHRC’s Role during the Final War

 

While Sri Lanka waged its final campaign to eliminate the LTTE terrorist organization between 2006 and 2009, the United Nations and UNHRC once again failed in their duty to uphold international law, protect civilians, or address terrorism impartially.

Context Behind Sri Lanka’s Decision to Militarily Defeat the LTTE

Unlike the swift and unilateral military actions taken by the United States and its allies after the 9/11 attacks—such as the bombing of Afghanistan (2001) and invasion of Iraq (2003) [1]—Sri Lanka’s campaign followed nearly three decades of sustained violence, failed peace efforts, and persistent LTTE violations of ceasefire agreements.

• The LTTE’s insurgency included over 200 suicide attacks, ethnic cleansing of Muslims and Sinhalese from the North and East, political assassinations (including Prime Minister Rajiv Gandhi and Sri Lankan President Premadasa), and the use of child soldiers[2][3].
• In July 2006, the LTTE closed the Mavil Aru sluice gates, cutting off water to 60,000 civilians, triggering a humanitarian crisis condemned by both domestic and international actors [4].
• President Mahinda Rajapaksa launched a military campaign with the dual aim of defeating terrorism and rescuing over 300,000 Tamil civilians held hostage as human shields by the LTTE [5].

UN and UNHRC’s Omission of Humanitarian Context

Despite the legitimate and humanitarian basis for the operation:

• The UNHRC made no formal acknowledgment of Sri Lanka’s extensive record of ceasefires and negotiations from 1987 to 2006, including the failed 2002 Norwegian-brokered peace process [6].
• The Mavil Aru incident, a clear war crime by the LTTE under international humanitarian law (IHL), was never condemned by the UN [7].
• Sri Lanka’s 2009 operation is regarded as the largest humanitarian rescue mission during wartime, saving nearly 295,000 civilians, as confirmed by the UN Resident Coordinator and ICRC [8].
• The ICRC, active in the conflict zone until May 2009, confirmed government cooperation in civilian evacuations and casualty treatment under the laws of war[9].

International Observations during Final Phase

• UN Resident Coordinator Neil Buhne stated in 2009 that “the Government cooperated with humanitarian agencies and facilitated civilian movement”[10].
• Military attachés from India, China, Pakistan, and several EU countries visited the North and confirmed the Sri Lankan military’s professional conduct, particularly its adherence to minimizing civilian harm [11].

Civilian Protection Measures by the State

• The government designatedNo Fire Zones (NFZs) and announced them through radio broadcasts and leaflets in Tamil, encouraging civilians to relocate [12].
• Over 1.2 million food parcels were air-dropped into LTTE-held areas via the Air Force and WFP coordination missions [13].

LTTE Violations of International Law

• The LTTE deliberately moved artillery into the NFZs and used civilians as human shields, breaching IHL Articles 51 and 58 of Additional Protocol I to the Geneva Conventions [14].
• Eyewitnesses, including UN field staff, confirmed LTTE snipers fired on fleeing civilians and laid landmines to prevent escape [15].
• UN internal reports from 2009—later redacted—documented these atrocities but were ignored in official UN narratives [16].

Consultative Committee on Humanitarian Assistance (CCHA)

• The CCHA, initiated in 2006 and chaired by senior officials, met bi-weekly with participation from the UN, ICRC, EU, USAID, and major INGOs [17].
• All operational data and field access were transparently shared. No allegations of war crimes were raised during these meetings—a fact documented in CCHA minutes [18].

UN’s Failure to Condemn LTTE War Crimes

Despite the LTTE being a proscribed terrorist group:

• The UN remained silent on the LTTE’s forced recruitment of over 5,700 children (as reported by UNICEF Sri Lanka)[19].
• The LTTE’s repeated bombings of buses, trains, and religious sites—including the attack on the Sacred Tooth Relic Temple in 1998—were never the subject of UNHRC resolutions [20].

Global Counterterrorism Standards vs. Sri Lanka’s Experience

• Under UNSC Resolutions 1267 (1999) and 1373 (2001), states were urged to freeze assets and take action against terror groups. These resolutions have been enforced against al-Qaeda, Taliban, and ISIS—but never the LTTE [21].
• The LTTE was banned by India (1992), USA (1997), UK (2001), and EU (2006)[22]. These bans remain in effect, yet no UN action followed to dismantle LTTE networks operating globally.

Distorted UN Reports and Diaspora Influence

• TheDarusman Report (2011), commissioned unilaterally by the UN Secretary-General, disregarded the UN Country Team’s field data and reports [23].
• Gordon Weiss, former UN spokesman, admitted in media interviews that the civilian death toll he cited was “speculative” and not based on verifiable data [24].
• The SLMM (Sri Lanka Monitoring Mission) recorded 3,829 LTTE ceasefire violations between 2002 and 2005[25]. These were never acknowledged in UN assessments.

Post-War Narratives Driven by LTTE Diaspora

• Western INGOs, such as those later exposed for receiving funds from LTTE fronts, were primary sources for post-war allegations [26].
• Post-conflict claims only emerged after the defeat of the LTTE, when verification and firsthand documentation had ceased—a clear break from accepted human rights investigative standards[27].

UN Inaction in rescuing Tamil Civilians

• No UN resolution was passed demanding the LTTE release civilians.
• No safe corridors or international protection missions were deployed.
• Instead, the UN disproportionately focused on state conduct, despite LTTE’s use of civilians as military shields—an act amounting to war crimes under IHL[28].

Conclusion: UN’s Accountability Gap (2006–2009)

The record reveals:

• Selective enforcementof international norms—targeting only state actors like Sri Lanka.
• Double standardsin counterterrorism, especially compared to action taken against ISIS or Boko Haram.
• Credibility erosiondue to reliance on diaspora allegations and sidelining of real-time field evidence.

Key Questions the UN must answer:

1. Why was Sri Lanka denied support while combating a proscribed terrorist group?
2. Why were LTTE atrocities underreported or ignored despite clear documentation?
3. Why were international norms of neutrality abandoned in favor of post-war politicization?

Until these issues are transparently addressed, the UN’s role in Sri Lanka will remain one of complicity through omission.

Shenali D Waduge

Sources

[1] UN Security Council Resolutions 1368 (2001), 1373 (2001) on Afghanistan/Iraq.
[2] LTTE Suicide Attacks Database – Ministry of Defence, Sri Lanka (2009).
[3] “Children in Armed Conflict: Sri Lanka”, UNICEF Reports 1998–2009.
[4] Government of Sri Lanka, “Mavil Aru Incident: A Humanitarian Crisis” – 2006 Cabinet Report.
[5] Ministry of Foreign Affairs, “Humanitarian Operation: Final Report” (2009).
[6] “Chronology of Peace Talks and LTTE Violations,” South Asia Terrorism Portal (SATP).
[7] ICRC Commentaries on the Geneva Conventions – Customary IHL.
[8] UN Resident Coordinator Statement – Neil Buhne, May 2009.
[9] ICRC Annual Report on Sri Lanka Operations, 2009.
[10] UN Press Briefing, May 2009 – UN Sri Lanka Office.
[11] Foreign Military Attaché Reports – Ministry of Defence, Sri Lanka Archives.
[12] “NFZ Announcements and Leaflets” – Ministry of Defence Archive (2009).
[13] WFP & SLAF Joint Air Drop Records – 2008–2009.
[14] ICRC Database of Customary International Humanitarian Law – Rule 97.
[15] UN OCHA Staff Reports (2009) – Restricted Documents Archive.
[16] “Petrie Report” – UN Internal Review Panel on UN Actions in Sri Lanka (2012).
[17] CCHA Meeting Minutes – Available through Ministry of Disaster Management.
[18] Interview with Prof. Rajiva Wijesinha – Former Secretary to the Ministry of Disaster Management.
[19] UNICEF Sri Lanka Reports – Recruitment of Children by LTTE (2002–2007).
[20] LTTE Attacks on Civilians – MoD Archive, 1998–2008.
[21] UNSC Resolution 1373 Implementation Tracker – UN CTED.
[22] U.S. State Department – Foreign Terrorist Organization List; EU and UK Lists.
[23] “Darusman Report Review” – Analysis by Legal Advisory Council, GoSL.
[24] Gordon Weiss, Interview with ABC Australia, 2010.
[25] SLMM Ceasefire Monitoring Reports – 2002–2006.
[26] US Senate Hearing on LTTE Diaspora Funding, 2006.
[27] UN Guidelines for Human Rights Investigations – OHCHR Manual (2001).
[28] Geneva Conventions Additional Protocol I, Articles 51(7), 58(c).