2. The temporal mandate of the Panel
12. The Terms of Reference require the Panel to advise the Secretary-General about the implementation of the joint statement regarding the “final stages of the war”. The Panel focused on the period from September 2008 through May 2009, which encompasses the most intense and violent phase of the war during which many of the most serious violations of international law are alleged to have taken place. September 2008 corresponds to the beginning of the Government’s final military offensive on the LTTE de facto capital of Kilinochchi. It also coincides with the end of international observation of the war due to the Government’s declaration that it could no longer ensure the security of international staff working for international organizations in the Vanni. May 2009 corresponds to the end of the fighting and the military defeat of the LTTE.
13. In order to provide context, the Panel at times discusses issues that predate the final stages as defined above. In addition, the Panel is aware of allegations of violations of humanitarian and human rights law that began before the end of, or are closely connected with, the final stages of the war and which have continued – in some cases up to the present day – past the cessation of actual hostilities. The Panel does not address allegations of ongoing violations that lack a close nexus to the armed conflict, in particular those in other parts of Sri Lanka.
3. The subject matter of the alleged violations
14. The Terms of Reference refer to allegations of violations of international humanitarian and human rights law. Regarding humanitarian law, the Panel addresses the applicable conventional norms set out in the Geneva Conventions and the corresponding norms of customary international law, concerning treatment of persons not or no longer taking part in hostilities and the means and methods of warfare. As for human rights law, the Panel considers both political and civil rights and economic, social and cultural rights, with a focus on the international human rights treaties ratified by Sri Lanka. In doing so, the Panel recalls the mutually reinforcing Security Council Resolutions relating to the effects of armed conflict on women and children and recognizing the consequent impact these have on durable peace and reconciliation.[1] Insofar as Sri Lanka’s domestic law incorporates international humanitarian and human rights law as well as other laws related to accountability, Sri Lankan law and relevant institutions are discussed as well. Finally, the Panel addresses allegations of violations by the primary actors in the war, that is, the Government and the LTTE.
C. Programme of work
15. The Terms of Reference states that the Panel will develop its own modalities and will be supported by a secretariat. In the two months prior to the formal commencement of its work in mid-September 2010, a secretariat was assembled from professionals working within the United Nations system. In addition, the Panel drew on a small number of external consultants to provide it with advice not otherwise available. The Panel was also aided by a pre-existing Reference Group consisting of representatives of relevant departments within the United Nations Secretariat.
- ↑ See Security Council Resolutions 1325 (2000), 1612 (2005), 1674 (2006), 1820 (2008), 1882 (2009) and 1888 (2009).
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