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International humanitarian law prohibits parties to a conflict from displacing
civilians under their control unless the security of the civilians involved or imperative
military reasons so demand. Imperative military reasons cannot be justified by
political motives or used to persecute the civilians involved. Whenever displacement
occurs, the responsible party must take all possible measures to ensure that the
displaced population receives satisfactory conditions of shelter, hygiene, health,
safety, and nutrition, and that family members are not separated. All parties must
permit humanitarian assistance to reach the displaced population, as they must in
respect of all civilians. 20
LTTE prevents civilian flight
As fighting raged between the government and LTTE in the districts of Trincomalee
and Batticaloa in late 2006, the LTTE at times prevented civilians from fleeing the
conflict zones, probably because the presence of civilians made it easier for the LTTE
to conceal its members and hindered the government from an all-out attack. The
civilian population also remains a source of ongoing LTTE recruits, both voluntary
and forced.
In December the Sri Lanka Monitoring Mission accused the LTTE of preventing
civilians from leaving the Vaharai area. “The LTTE has failed to protect civilians in
Vakarai [Vaharai] by restricting their movements,” a statement from the SLMM said. 21
Three displaced persons told Human Rights Watch how LTTE fighters had blocked
their path as they tried to leave Vaharai for government-controlled territory in
November. 22 LTTE forces stopped civilians from crossing the Pannichchankeni bridge
south of Vaharai, forcing hundreds to take arduous jungle routes. Groups including
children and the elderly arrived in government-controlled territory with wounds on
their legs and feet from the multi-day treks. 23
20 See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law (Cambridge, UK:
Cambridge University Press, 2005), rule 129, citing Protocol II, art. 17(1).
21 Sri Lanka Monitoring Mission, “Urgent Concerns over Alarming Situation in Vakarai Area,” December 12, 2006,
http://www.slmm.lk/press_releases/SLMM%20STATEMENT%20VAHARAI%20121206.pdf (accessed May 14, 2007).
22 Human Rights Watch interview with displaced persons in camps around Batticaloa district, February 25, 2007.
23 Human Rights Watch interviews with displaced persons in camps near Valaichchenai, February 26, 2007.
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