The Claim: "The Rajapaksa Brothers committed genocide against Tamils in the first half of 2009"
Introduction
The assertion that the Rajapaksa brothers, former Sri Lankan President Mahinda Rajapaksa and his brother Gotabaya Rajapaksa, committed genocide against the Tamil population during the final stages of the Sri Lankan Civil War in 2009 has been a contentious issue. This claim has been supported by various reports and testimonies, yet it remains disputed in some circles, particularly regarding the legal definitions and evidentiary standards for genocide.
What We Know
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Background of the Conflict: The Sri Lankan Civil War, which lasted from 1983 to 2009, was primarily fought between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE), a militant organization seeking an independent Tamil state. The war concluded in May 2009, with the government declaring victory over the LTTE.
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Allegations of Genocide: Several reports have accused the Sri Lankan government of committing acts of genocide against Tamils during the last months of the war. The Lesson Learnt and Reconciliation Commission Report suggests that there is "sufficient evidence beyond any reasonable doubt that structural genocide of Tamil Eelam is taking place" 1. However, this report has been criticized for its lack of independence and thoroughness.
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UN Involvement: The United Nations has been involved in investigating allegations of war crimes in Sri Lanka. A resolution passed in March 2021 called for the collection of evidence regarding these alleged war crimes, with rights lawyer Yasmin Sooka emphasizing the importance of this investigation 3.
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Wikileaks Cables: Diplomatic cables released by Wikileaks indicated that a U.S. envoy believed President Rajapaksa bore responsibility for the alleged massacre of Tamils in 2009, suggesting a level of international concern regarding the actions of the Sri Lankan government 5.
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Reports from NGOs: The International Truth and Justice Project (ITJP) has published reports alleging that Gotabaya Rajapaksa played a pivotal role in the violence against Tamils, with evidence suggesting that tens of thousands were killed during this period 68. Similarly, a report titled "Justice for Genocide" claims to provide comprehensive legal analysis supporting the assertion of genocide 79.
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Official Denials: The Sri Lankan government has consistently denied allegations of genocide, arguing that military actions were aimed at defeating terrorism rather than targeting civilians. This narrative is supported by some segments of the population who view the military's actions as necessary for national security.
Analysis
The evidence surrounding the claim of genocide against the Tamils during the final stages of the Sri Lankan Civil War is multifaceted and often contentious.
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Source Reliability: Reports from organizations like the ITJP and the PEARL initiative are often viewed as credible by human rights advocates, but they may also be seen as biased due to their focus on accountability for the Sri Lankan government 79. The Lesson Learnt and Reconciliation Commission report, while official, has been criticized for its lack of transparency and effectiveness in addressing human rights violations 1.
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Legal Definitions: The term "genocide" has specific legal criteria under the Genocide Convention, which includes acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. The challenge lies in proving this intent, which remains a point of contention among scholars and legal experts 2.
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Conflicting Narratives: The narrative of genocide is contested by those who argue that the military's actions were justified as counter-terrorism measures. This perspective is often promoted by government officials and supporters, which raises questions about potential bias in the portrayal of events 4.
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Need for Further Evidence: Additional independent investigations and access to classified military documents would be beneficial in establishing a clearer understanding of the events that transpired during this period. The lack of comprehensive, unbiased investigations has left many questions unanswered.
Conclusion
Verdict: Unverified
The claim that the Rajapaksa brothers committed genocide against Tamils during the first half of 2009 remains unverified due to the complexity and contentious nature of the evidence. While various reports and testimonies suggest significant human rights violations and possible genocidal acts, the legal definition of genocide requires proof of intent, which is difficult to establish definitively.
The evidence includes reports from NGOs and international bodies, as well as allegations from former officials, but these sources are often viewed through a lens of bias, either in favor of or against the Sri Lankan government. Additionally, the official denials from the government complicate the narrative, as they present an alternative view that frames military actions as necessary for national security rather than targeted attacks on civilians.
It is important to acknowledge the limitations in the available evidence, including the lack of independent investigations and the need for further documentation to clarify the events of that period. As such, readers are encouraged to critically evaluate the information and consider the broader context surrounding these allegations.
