A/HRC/30/61
the conflict, as did reports of recruitment of children under the age of 15. It also gathered
information on child recruitment by the Tamil Makkal Viduthalai Pulikal (TMVP)/Karuna
Group after its split from LTTE in 2004. Recruitment of children is a violation of the
Convention on the Rights of the Child and the Optional Protocol thereto on the involvement
of children in armed conflict, and could also constitute a war crime if proven in a court of
law.
41.
On the basis of the information gathered by the investigation team, there are
reasonable grounds to believe that government security forces may have known that the
Karuna Group recruited children in areas under its control. This indicates that the
Government may also have violated the Convention on the Rights of the Child and the
Optional Protocol thereto on the involvement of children in armed conflict to which it is a
party, in particular to ensure the protection and care of children affected by armed conflict.
The High Commissioner also notes the State’s failure to date to prosecute those
responsible, including individuals widely suspected of child recruitment, some of whom
have since been appointed to public positions.
H.
Impact of hostilities on civilians and civilian objects
42.
On the basis of the information in the possession of the investigation team, there are
reasonable grounds to believe that many of the attacks reviewed in the present report did
not comply with the principles on the conduct of hostilities, notably the principle of
distinction.
43.
While it may have been permissible for the security forces to target any military
objective located in the no-fire zones declared by the Government, these attacks were
subject to the rules on conduct of hostilities, including the obligation to take all feasible
precaution to avoid or to minimize incidental loss of civilian lives or damage to civilian
objects. The presence of large numbers of civilians, including many children, some of them
living in flimsy shelters without access to bunkers, constituted an obvious risk that
substantial loss of civilian lives and damage to civilian objects in the no-fire zones might
ensue as a result of an attack.
44.
The investigation team recognized the complexities inherent in conducting military
operations against legitimate military targets in or near densely populated areas.
Nevertheless, the presence of LTTE cadres participating in hostilities from within the
predominantly civilian population did not change the character of the population, nor did it
affect the protection that should be afforded to civilians under international humanitarian
law. It is important to recall that the obligations of a party to an armed conflict under
international humanitarian law are not conditioned on reciprocity. Violations attributable to
one of the parties do not justify lack of compliance on the part of the other. While the
investigation was not conclusive on the proportionality assessment for each of the incidents
reviewed in the present report, the team believes that this matter should be investigated.
45.
The team noted with grave concerns the repeated shelling of hospitals in the Vanni.
Hospitals and other medical units and personnel enjoy special protection under international
humanitarian law, and cannot be made the object of attack. The protection they should
enjoy does not cease unless these are used to commit hostile acts, outside their
humanitarian function. The recurrence of such shelling despite the fact that the security
forces were aware of the exact location of hospitals raises serious doubt that these attacks
were accidental. Other civilian facilities in the no-fire zones, in particular humanitarian
facilities and food distribution centres, were also affected. The information available to the
team indicated that in none of the incidents reviewed were there any grounds that could
have reasonably led the security forces to determine that the facilities were being used for
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