- The Washington Times - Wednesday, October 28, 2009

ANALYSIS/OPINION:

Sri Lanka is joining Israel as a country facing a war crimes investigation for effectively fighting back against terrorism. America should support the Sri Lankan government or keep its nose out of Colombo’s business.

Last week, Stephen Rapp, U.S. ambassador-at-large for war crimes issues, filed a report to Congress on incidents during the recent conflict in Sri Lanka that “may constitute violations of international humanitarian law or crimes against humanity.” The report focuses in particular on January to May 2009 when, after 12 years of conflict, the Sri Lankan military surrounded and destroyed the major armed formations of the Tamil Tigers and killed the terrorist group’s leaders.

The report chronicles allegations of war crimes by both Sri Lanka and the Tamil Tigers. Sen. Patrick J. Leahy, the Vermont Democrat whose subcommittee on the State Department and foreign operations requested the report, is calling for “a full and independent investigation” so those responsible can be “held accountable.”

The United Nations Office of the High Commissioner for Human Rights joined in the call for an investigation of Sri Lanka’s war, saying there are “too many questions” left unanswered. U.N. Human Rights Spokesman Rupert Colville drew a direct comparison to the Gaza Fact-Finding Mission overseen by South African Judge Richard Goldstone. Sri Lanka and Israel are both pursuing internal investigations and have rejected the idea of international involvement in the process.

The Rapp report is not comprehensive, more a list of allegations than a fully documented indictment. Most of the offenses listed are either directly attributable to the Tamil Tigers, such as forcibly recruiting children to fight for them, or the consequence of terrorist activities, such as Sri Lanka shelling hospitals being used by the Tigers as command posts.

The tone of moral equivalence in the Rapp and Goldstone reports is most objectionable. War is by its nature violent, complex and tragic. Rules exist to mitigate war’s suffering but can never eliminate it. Terrorist groups like the Tamil Tigers, Hamas and al Qaeda do not consider themselves bound by the rules of war and violate them as a matter of doctrine by targeting noncombatants, using civilians as human shields, torturing and executing prisoners, and by using hospitals and religious sites as headquarters and sniper platforms.

Any war against such an enemy will impose a degree of tragedy on people who under other circumstances would be spared war’s horrors. But this is part of the terrorist tool kit, and reports such as these play into their hands. By placing the terrorists’ systematic offenses against human dignity on par with the unintentional or otherwise regrettable actions of the regime trying to defeat them, such reports level a moral playing field that by rights the terrorists have no right even to set foot on.

Mr. Leahy should control his zeal to pursue what he views as justice in Sri Lanka. Any objective comparison of Sri Lanka’s war against the Tamil Tigers or Israel’s offensive against Hamas to America’s struggle against al Qaeda would cast the United States in the same light, and elevate our enemies to a status they do not deserve. It hands the enemies of freedom unearned victories even as they are being defeated.

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