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Denial of Water to Civilians by the LTTE- Blatant Contravention of
International Law


SCOPP Report
26 July 2006


The Government of Sri Lanka, at the highest levels, has repeatedly called upon the LTTE, through the Norwegian facilitators and the SLMM, to restore the water supply to over 15,000 families in the Trincomalee District who have been deprived of water since the LTTE forcibly closed the Mawilaru Anicut on Thursday 20 July 2006. The Government of Sri Lanka has also raised the matter with the diplomatic community and international organizations. There is agreement that the denial of water to civilians by the LTTE is a blatant contravention of all norms of civilized behavior and the rules of international law.

The Mawilaru Anicut is the irrigation channel that serves the Seruwila, Muttur and Ichalampattu areas in the Trincomalee District. The hostile action by the LTTE has prevented the flow of water that sustains approximately 15,000 families and feeds approximately 30,000 acres of paddy land. The LTTE has prevented the irrigation department from re-opening the sluice gate. In addition, the LTTE has prevented the SLMM from having access to the location and blocked efforts by the SLMM to facilitate restoration of the water supply.

The people in these villages depend on the supply from the Mawilaru Anicut for drinking purposes and for agriculture. Without this water, the paddy which is now close to maturing will be irretrievably lost. The LTTE's forcible closure of this water supply in an area until recently controlled by the Government, is a hostile act committed against the civilian population and is a contravention of the Ceasefire Agreement.

Under Protocol I to the Geneva Convention, “It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.” [Protocol I, Geneva Convention (1977), Article 54(2)].

It has been clearly accepted under the rules of international law that attacks on water resources and the denial of water to civilian populations constitute war crimes and crimes against humanity. It is noted that in the Rome Statute of the International Criminal Court, which substantially reflects international law, the relevant article states that intentionally directing attacks against civilian objects is a war crime [Article 8, 2(b) (ii)].

 

 
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