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UNCLAS STATE 109032 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PTER PHUM KAWC CE
SUBJECT: SRI LANKA: DELIVERING THE "WAR CRIMES" REPORT 
TO THE GSL 
 
¶1. (U) This is an action request; see paragraph 5. 
 
¶2. (U) Background:  The Department of State will deliver 
to Congress on the afternoon of October 21 a report 
prepared pursuant to the Joint Explanatory Statement 
accompanying the Supplemental Appropriations Act, 2009 
(P.L. 111-32), which directed the Secretary of State to 
submit a report "detailing incidents during the recent 
humanitarian conflict in Sri Lanka that may constitute 
violations of international humanitarian law or crimes 
against humanity, and, to the extent practicable, 
identifying the parties responsible." 
 
¶3. (U) The alleged incidents set forth in the report 
occurred in the context of the final months -- January- 
May 2009 -- of an armed conflict between the Government 
of Sri Lanka and the Liberation Tigers of Tamil Eelam 
(LTTE), which has been listed as a terrorist 
organization by the United States since 1997.  The 
report does not provide, nor is it intended to be, a 
comprehensive portrayal of the conflict.  While the 
report's background section includes an overview of the 
relevant international law that could be a useful 
framework for reviewing the conduct alleged in the 
report, the report does not reach legal conclusions as 
to whether the incidents described in the report 
actually constitute violations of international 
humanitarian law, crimes against humanity or other 
violations of international law.  Nor does it reach 
conclusions concerning whether the alleged incidents 
actually occurred.  An executive summary, additional 
background on the context of the conflict, the legal 
framework, the methodology, and limitations to 
collecting and corroborating information are included in 
the report. 
 
¶4. (U) Hard copies of this report will be delivered to 
Congress on the afternoon of Wednesday, October 21, and 
the report will be posted on the State Department 
S/WCI website on the morning (EDT)of October 22.  SCA 
A/S Blake and S/WCI Ambassador Rapp will hand a copy of 
the report to the Sri Lankan Ambassador to the United 
States on October 21, following its delivery to 
Congress. 
 
ACTION REQUEST 
-------------- 
 
¶5. (U) Ambassador is instructed to deliver to the 
Foreign Ministry, and to other GSL officials as 
appropriate, a copy of the report, drawing on the 
talking points below.    These points may also be used 
publicly.  Additional press guidance is included in 
paragraph 6.  Info addressees are authorized to preview 
the report's release and/or to deliver a copy of the 
report, following its public release in Washington, to 
host-country officials.  Info addresses may utilize the 
same talking points below, as well as the additional 
points provided, and the cleared press guidance as 
appropriate with media and host-country interlocutors. 
 
- The Department of State delivered on October 21 to the 
U.S. Congress a report prepared by the Department of 
State at the direction of Congress "detailing incidents 
during the recent conflict in Sri Lanka that may 
constitute violations of international humanitarian law 
or crimes against humanity, and, to the extent 
practicable, identifying the parties responsible." 
-Congress cares very deeply about this issue.  It is 
also important to the Obama Administration. 
 
- The report does not provide, nor is it intended to be, 
a comprehensive portrayal of the conflict. 
 
- The report compiles incidents alleged to have 
transpired in the final stages -- from January to May 
2009 -- of the conflict against the terrorist group 
LTTE, which may constitute violations of international 
humanitarian law or crimes against humanity and related 
harms.  The incidents identified in the report include 
those alleged to have been carried out by the LTTE, as 
well as by Sri Lankan government forces. 
 
- The report also provides an overview of relevant 
international law that may be a useful foundation for 
reviewing the conduct alleged in the report, but the 
report does not reach any legal conclusions as to 
whether the incidents described in the report actually 
constitute violations of international humanitarian law, 
crimes against humanity or violations of international 
law. 
 
- The United States recognizes Sri Lanka's inherent 
right to defend itself from armed attacks, including 
those by non-state actors such as terrorist groups.  The 
United States also expects states and non-state actors 
to comply with their international legal obligations 
concerning, among other things, the treatment of 
civilians not taking part in hostilities, and the 
principles of distinction and proportionality. 
 
- The State Department consulted a wide range of primary 
and secondary sources in gathering information for this 
report.  Information concerning the majority of 
incidents cited in the report originated in first-hand 
accounts communicated by persons from within the 
government-declared No Fire Zones and locations close to 
the fighting. 
 
- The report explains that there were a number of 
limitations on the State Department's ability to collect 
and corroborate information, including limited access to 
the conflict zone and to potential eyewitnesses to 
alleged incidents.  These limitations are discussed in 
the report's background section. 
 
- We continue to urge the Government of Sri Lanka to 
grant the international community full access to the 
northern region, as the UN High Commissioner of Human 
Rights has requested, to better understand the facts on 
the ground in Sri Lanka, and to ensure that human rights 
are fully protected and that ongoing humanitarian needs 
are being fully met. 
 
- At the same time, we continue to urge you to release 
without delay the over 250,000 internally displaced 
persons (IDPs) who remain in IDP camps and facilitate 
their return and reintegration. 
 
- Accountability is an essential component of national 
reconciliation.  There is as well the urgent need to 
release and facilitate the return of internally 
displaced persons, and to take meaningful steps on 
political reconciliation, such as implementing 
constitutional provisions on political power-sharing and 
devolution and curtailing human rights abuses. 
 
- We look to the Government to identify a mechanism and 
initiate an impartial and effective process for 
establishing accountability, including, where 
appropriate, investigating allegations of violations 
that may have occurred during the final stages of the 
conflict and holding accountable any individuals 
responsible for such violations. 
 
- There are a number of domestic and international 
models of accountability mechanisms that the government 
could draw from in creating its own process that would 
promote reconciliation and healing.  We hope the 
government will pursue a dialogue with a broad range of 
representatives of Sri Lanka's Tamil community to 
determine the appropriate mechanism. 
 
- Pursuing accountability will not be easy.  It is 
understandable that, after 26 years of violent struggle 
against the LTTE, many in Sri Lanka will want to simply 
move on.  But if we hope to achieve the peaceful and 
prosperous future that we all want for Sri Lanka, the 
government must do what it can to help account for the 
suffering of the past.  Genuine national reconciliation 
demands it. 
 
ADDITIONAL POINTS FOR INFO ADDRESSEES: 
 
- Accountability is a critical component of national 
reconciliation.  It is important that the international 
community speak with one voice on the importance of 
accountability. 
 
- We recognize that it would be a challenge for any 
sitting government to pursue an accountability process 
for alleged large-scale violations of international 
humanitarian law or other violations that may have been 
committed during its tenure. 
 
- In pushing for accountability, we do not intend to 
lose our focus on urging the Government of Sri Lanka to 
release and facilitate the return of the nearly 250,000 
internally displaced persons (IDPs) who remain in IDP 
camps and the pressing need for the government to take 
meaningful steps on political reconciliation, including 
implementing constitutional provisions on devolution and 
political power sharing, and ending human rights abuses. 
 
ADDITIONAL PRESS GUIDANCE 
------------------------- 
 
¶6. (U) The following guidance has also been cleared for 
use with Sri Lankan media and may be used with 
government interlocutors: 
 
Q: How could you write/prepare this report without 
consulting the Government of Sri Lanka? 
 
-  State Department officials discussed the parameters 
of the report with senior Government of Sri Lanka 
officials, including the Foreign Minister and the 
Ambassador to the United States.  We have also 
encouraged the Sri Lankan government to investigate 
allegations of possible violations of international 
humanitarian law and other violations and hold 
accountable those responsible. 
 
Q: How can you verify the claims in the document? 
 
- The report does not attempt to verify claims of 
violations.  A number of factors limited the ability of 
the Department of State to provide conclusive 
information as to incidents that may constitute 
violations of international humanitarian law and crimes 
against humanity, including restricted access to the 
conflict zone and screening points. 
 
- Due to these limitations, the report does not reach 
any legal conclusions as to whether the incidents 
described in the report actually constitute violations 
of international humanitarian law, crimes against 
humanity or other violations of international law.  The 
report also does not reach conclusions regarding factual 
claims. 
 
- While we cannot independently verify many of the 
incidents covered in the report, we did not include 
reports that did not come from credible sources. 
 
Q: What right does the United States have to do such a 
report on an internal matter? 
 
- Congress specifically tasked the State Department with 
compiling the available information so that it could 
learn more about what occurred during the last few 
months of the conflict and that is what we have done. 
 
- The United States believes that it is important to 
have more information available about the recent 
conflict in Sri Lanka. 
 
- Potential violations of international law are not 
solely an internal matter, although international law 
recognizes that governments have primary responsibility 
for ensuring that human rights are respected in their 
own territory and for addressing violations that may 
have occurred. 
 
Q: What do you want the Sri Lankan Government to do with 
this information? 
 
- The United States takes seriously allegations of 
violations of international humanitarian law and human 
rights law.  Moreover, accountability is an essential 
component of national reconciliation. 
 
- We expect the Government of Sri Lanka to consult with 
a broad range of representatives of Sri Lankla's Tamil 
community to identify a mechanism and initiate an 
impartial and effective process for establishing 
accountability for such incidents, including, as 
appropriate, investigating allegations of violations of 
international law that may have occurred during the 
final stages of the conflict with the LTTE and holding 
accountable any individuals responsible for such 
violations. 
 
- There are a number of domestic and international 
models of accountability mechanisms that the government 
could draw from in creating its own process that would 
promote reconciliation and healing.  We hope the 
government will pursue a dialogue with a broad range of 
representatives of Sri Lanka's Tamil community to 
determine the appropriate mechanism. 
 
Q: Would the US support an international inquiry on war 
crimes? 
 
- International law places primary responsibility on the 
state to ensure that those responsible for violations of 
international humanitarian law and human rights law in 
its territory are held accountable, but recognizes the 
appropriateness of international mechanisms where a 
state is unable or unwilling to act.  We are looking to 
the Sri Lankan government to identify a credible and 
appropriate mechanism for initiating such a process, and 
we stand ready to assist it. 
 
- In the meantime, we will support continued information 
gathering and fact-finding concerning alleged incidents 
that occurred during the last stages of the recent 
conflict. 
 
- The U.S. Government continues to urge the Government 
of Sri Lanka to grant the international community full 
access to the Northern region, as the UN High 
Commissioner of Human Rights has requested, to better 
understand the facts on the ground in Sri Lanka, and to 
help ensure that human rights are being protected and 
that ongoing humanitarian needs are being met. 
 
Q: Why won't you make your sources public? 
 
- Some organizations are identified by name if they have 
publicly released specific allegations while others are 
identified in more general terms to preserve 
confidentiality. 
 
Q: How can the Government respond to the accusations if 
it does not know who its accusers are? 
 
- The report does not consist of accusations.  It is a 
compilation of information regarding alleged conduct of 
both parties to the conflict that adds to our 
understanding of what occurred during the final stages 
of the conflict. 
 
Q: Did the Sri Lankan diaspora, especially the Tamil 
diaspora, contribute to or otherwise influence this 
report? 
 
- No. 
 
- Outside the context of this report, State Department 
officials have discussed regularly the current 
humanitarian situation and prospects for political 
reconciliation in Sri Lanka with representatives of 
U.S.-based organizations representing members of the 
Tamil, Sinhalese, and Muslim diaspora, and other Sri 
Lankan-American groups. 
 
Q: Was anyone from Sri Lanka sent to the United States 
to give testimony for this report? 
 
- No.  This report is not the result of a legal 
investigation nor does it reach factual or legal 
conclusions. 
 
Q: How was the information in the report gathered? 
 
- The State Department consulted a wide range of primary 
and secondary sources in gathering information for this 
report.  These sources include internal USG reporting 
and subject matter experts, primarily from the State 
Department and the United States Agency for 
International Development (USAID); foreign governments; 
international organizations; media reports; non- 
governmental organizations; and eyewitnesses. 
 
- Information concerning the majority of incidents cited 
in this report originated in first-hand accounts 
communicated by persons from within the government- 
declared No Fire Zones (NFZs) and other locations close 
to the fighting. 
 
- A number of factors limited the ability of the 
Department of State to provide conclusive information as 
to incidents that may constitute violations of IHL and 
crimes against humanity, including restricted access to 
the conflict zone, screening points, and eyewitnesses. 
 
Q: Was the Embassy in Colombo involved in this process? 
 
- Yes. 
 
Q: Who wrote the report? 
 
- In the explanatory statement accompanying the 
Supplemental Appropriation Act, 2009 (P.L. 111-32) 
enacted in June, Congress requested that the Secretary 
of State submit this report.  The report is a State 
Department product. 
 
Q: What action is the USG prepared to take if the 
Government refuses to act on the report? 
 
- Accountability is an essential component of national 
reconciliation.  We expect the Government of Sri Lanka 
to identify a mechanism and initiate an impartial and 
effective process for establishing accountability, 
including investigating allegations of violations of 
international law that may have occurred during the 
final stages of the conflict with the LTTE and holding 
accountable any individuals responsible for such 
violations. 
 
- The U.S. Government continues to urge the Government 
of Sri Lanka to grant the international community full 
access to the Northern region, as the UN High 
Commissioner of Human Rights has requested, to 
understand better the facts on the ground in Sri Lanka, 
and to help ensure that human rights are being protected 
and that on-going humanitarian needs are being met.  At 
the same time, we continue to strongly urge the GSL to 
allow full freedom of movement for all its citizens 
including the over 250,000 detained in IDP camps. 
 
- We will support continued information gathering and 
fact-finding concerning the last stages of the recent 
conflict. 
 
¶7.  (U) Please convey GSL and other responses to Sri 
Lanka/Maldives desk officer, Anthony Renzulli, 
RenzulliAF@state.sgov.gov, (202)647-1078. 
CLINTON