A file picture (above) supplied by the pro-rebel organisation www.WarWithoutWitness.com shows what it says are injured Tamil civilians at a makeshift hospital inside the 'no fire zone' in northern Sri Lanka. The photo was taken in May 2009. A UN report says both sides may have been guilty of war crimes in the final stages of the civil war in Sri Lanka two years ago. -- PHOTOS: REUTERS, AGENCE FRANCE-PRESSE
The government 'systematically shelled' hospitals in the front lines, and 'systematically deprived people in the conflict zone of humanitarian aid, in the form of food and medical supplies, particularly surgical supplies, adding to their suffering', the report said.
The separatist Tamil Tigers, on the other hand, refused civilians permission to leave areas under their control, 'using them as hostages', conscripted civilians, including children as young as 14 years old, and forced civilians to perform labour. The rebels also shot dead civilians trying to escape the conflict zone and fired artillery from near the civilians, provoking retaliatory fire, the report said.
'Tens of thousands lost their lives from January to May 2009, many of whom died anonymously in the carnage of the final few days,' said the report prepared by a three-member panel led by former Indonesian attorney-general Marzuki Darsman.
'Most civilian casualties in the final phases of the war were caused by government shelling,' it added.
The UN panel, which gathered evidence for 10 months, urged UN Secretary-General Ban Ki Moon to proceed to establish 'an independent international mechanism' to investigate the war's final stages.
But Mr Ban said he lacked the authority to personally order a probe into the mass killings of the civilians.
'In regard to the recommendation that he establish an international investigation mechanism, the secretary-general is advised that this will require host country (Sri Lankan) consent or a decision from member states through an appropriate intergovernmental forum,' Mr Ban's spokesman Martin Nesirky said.
In other words, without the consent of the Sri Lankan government or a decision by the UN Security Council, the UN General Assembly, Human Rights Council or other international body, Mr Ban will not move to set up a formal investigation into the civilian deaths.
Sri Lanka had asked the UN not to publish its findings, saying the report could damage reconciliation efforts on the island.
The government in Colombo has consistently denied allegations that it targeted civilians, and has rejected the report's findings as biased and fraudulent. Publication of the UN report was repeatedly delayed as the government urged the secretary-general not to publish its findings.
The UN experts said there were 'credible allegations, which if proven indicate that a wide range of serious violations of international humanitarian law and international rights law was committed both by the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE), some of which would amount to war crimes and crimes against humanity'.
The report criticised UN officials for not pressing the Sri Lankan government hard enough to exercise restraint and for not going public with high casualty figures which, it said, would have put more pressure on the government.
The UN panel urged the Sri Lankan government to issue a formal and public recognition of its role in responsibility for the extensive civilian casualties in the final stages of the conflict.
The panel also recommended that the government should respond to the serious allegations 'by initiating an effective accountability process beginning with genuine investigations' which would meet international standards.
Mr Ban urged Sri Lanka to pursue its own 'genuine investigations'.
But UN officials concede that Colombo would never consent to such an investigation.
Sri Lanka is not a member of the International Criminal Court (ICC), which means the Hague-based court would require a referral by the UN Security Council to investigate any possible war crimes there.
Veto powers Russia and China, as well as India, are among the council members opposed to formal Security Council involvement in the case of Sri Lanka, diplomats told Reuters.
The council has only referred two previous situations to the ICC: the conflict in Sudan's western Darfur region, and Libya's violent crackdown against anti-government rebels.
AGENCE FRANCE-PRESSE, REUTERS, ASSOCIATED PRESS
