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the hague, Netherlands

Tamil Tigers: terrorists or freedom fighters – Dutch court to decide

Published on : 12 September 2011 - 3:51pm | By International Justice Tribune (Photo: ANP)
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Five Sri Lankan men accused of supporting the separatist Tamil Tigers, or LTTE, go on trial in The Hague on Thuraday. But their possible convictions are the tip of the iceberg in a case which will be interpreted in Sri Lanka as a decision about who is right and wrong in the country’s 30 year civil war.

By Richard Walker

As a bloody three-decade war raged in northern and eastern Sri Lanka, significant parts of the Tamil diaspora spread throughout the world kept themselves busy in supporting roles, one of the most important of which for the Tamil leadership was fund-raising. Only with millions of dollars flowing in from such groups could the LTTE keep itself adequately armed to fight Sri Lanka’s state military.

A Dutch police investigation team monitored Tamil meetings in the Netherlands. In its subsequent report, entitled Operation Koninck, it describes how certain Tamils raised funds for their ‘ultimate war’ with its goal of a free Tamil state in Sri Lanka known as Tamil Eelam. This remains no more than a dream following the death of the LTTE leader Villupilai Prabhakaran and the end of the military struggle in the spring of 2009. Operation Koninck eventually led to the arrest of several Dutch Tamils, five of whom are now being prosecuted in a specialist war crimes chamber in The Hague.

Terror organisation
The indictees are accused of being members of a criminal organisation with terrorist intentions and of raising funds for it. The first part of the indictment comes down to what the LTTE is and does - the prosecution will have to prove that it tried to terrorise the population using bombs and murder.
The court though is not an international body like the International Criminal Court (ICC), it is a regular domestic Dutch criminal court – and its prosecutors are working under Dutch ‘Universal’ jurisdiction.

One of the accused is 46-year-old Srirangam R. from The Hague. He fled to The Netherlands over two decades ago and is believed to head the Dutch division of the Tamil Tigers.

Victor Koppe, Srirangam’s defence counsel, recently applied to the European Court of Justice to have the LTTE removed from the EU’s list of banned terrorist organisations. The link to the current case in The Hague is clear – lift the ban and the Dutch prosecution falls apart. The likelihood of this happening soon enough to impact on the current case is unclear.

It is difficult to prove that the LTTE is a terrorist organisation. Assisting Victor Koppe in the case is defence counsel Tamara Buruma who explains that “the first part (of the indictment) isn’t so much about the raising of the money but is actually about what the LTTE has been doing in Sri Lanka… that is why, for us, the main issue isn’t whether or not they have been giving money - it is actually the question: Is the LTTE a terrorist organisation or are they freedom fighters?”

The court will have to define whether what the LTTE does and did constitutes terrorism under Dutch criminal law and, argues the defence, whether being on a politically drawn-up EU list is sufficient grounds to convict.

Show me the money
According to the Dutch police report, each Dutch Tamil family was expected to give €2,000 per year to the cause, a fee which would grant them access to the Tamil areas in Sri Lanka. If they refused to pay there would be severe consequences for relatives still living in Sri Lanka, it claims.

The accused argue their donations were for humanitarian causes and not channelled directly to fund the Tamil organisation. Since the LTTE was the de facto administrator in the north and east of Sri Lanka for many years, it funded many things from sanitation and schooling to army training and bomb-making. Distinguishing what money paid for what will be problematic.

The defendants say that even if they had given money directly to the LTTE it is not a terrorist organisation anyway, it is a liberation movement.

One man’s freedom fighter is another’s terrorist
How to describe what the Tamil Tigers were and did lies at the core of Sri Lanka’s bloody internecine war. For the government of President of Mahinda Rajapaksa, the LTTE fought a merciless campaign of terror against the Sinhalese majority using every illegal means of warfare, from suicide bombings to child soldiers. For many Tamils, the LTTE was the nearest they ever came to a legitimate government of a Tamil homeland.

The first hearing of the case will take place tomorrow in The Hague. After that, the court has three weeks to decide whether the Tamil Tigers were terrorists or a force for liberation.

 

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Discussion

Geetha's husband 27 October 2011 - 10:45pm

aday Geetha. who is this "Geetha's lover" writing things here? I will kill you both if I catch you with him and you can then join thalaivar in hell.

Geetha's mother 27 October 2011 - 10:41pm

Geetha you stupid woman what are you telling ? thalaivar is dead and gone and now peace in Sri Lanka and everyone is happy and our children no longer in danger to fight and get killed. We wanted peace and we got peace and now you are saying all stupid things without knowing the truth. If you think LTTE was freedom fighters then look at all the killing of Tamil people they did like the Pol Pot barbarian in Cambodia. Thalaivar had blood iin his hands and now he is getting his ass kicked in hell by the devil. So Geetha just shut up and leave us in peace. If you have nothing to do then swallow a cyanide capsule or hold a dynamite stick in your mouth and light it.

Geetha's Lover 27 October 2011 - 10:34pm

we thamil peoples are very very thanking to our thalaivar anna who is now gone to haven after fighting singala army and getting head open but we will fite for thamil eelam till ending to all our peoples even in the england or canada or ostralia or anywhere else if we dont get our thamil eelam in lanka.

DEVONECO 27 October 2011 - 10:30pm / Sri Lanka

Here are a few of the "freedom" activities committed by the Tamil Tiger "Freedom Fighters" (check the following link) :

http://www.spur.asn.au/ltteatrp.htm

They are the heroes of equally sadistic barbarians.

vijith arunasiri bandulahewa 16 October 2011 - 11:52pm / srilanka

vijith arunasiri bandulahewa
9 October 2011 - 10:36pm / srilanka
reply
as we know India divided by the British in 1947. as well as they wanted to divide the Srilanka. they firstly ( up to 1995 chief of the Srilanka government intelligence was British officer (MI6) and most of other officers are Catholics which hate the Buddhist and the country) create a clash between Sinhalese and Tamils in July 1983,after that Tamils got the sympathy of the entire world,as well as Tamil youth formed the several armed groups like EROS,PLOT.. etc against the government. after destroying the every Tamil guerrilla organisations other than LTTE and continue war about 30 years the reason for this was govt intelligence give each and every support to the LTTE not to the srilankan forces.as well as each and every bomb blast and killings done by the LTTE with the help of government intelligence service. after come in to the power (bodujaya sena party) we claim the cost of the war (2300 billion rupees, the government estimate)and cost of the damage to the economy of the country and people of the forces as well as north and east Tamils, Sinhalese and Muslims from the BRITISH GOVERNMENT.
Vijith Arunasiri Bandulahewa,leader and secretary of the bodujaya sena party www.sinhalayani.com

Rasan 28 September 2011 - 7:58pm

Five Tamils would have raised money in the Netherlands for the Tamil Tigers in Sri Lanka, to be 16 years in prison. This was the demand of the Public Prosecutor (OM) on Tuesday in the court at The Hague.

Geetha 3 October 2011 - 6:31am / India
Off the Cuff 9 October 2011 - 4:24pm

Quote ........Our Tamil leaders have informed the world that the LTTE has killed more Tamils than all the other forces – Indian, Sri Lankan and rival Tamil parties – put together. The moralizings of the media lacks credibility because our people who lived through the horrors of the war know who killed whom in what manner. Leaving aside the die-hard partisans, our people know that the LTTE was a cruel and beastly outfit they had never encountered in living memory – and do not want to encounter in all their lives to come.

Dr Noel Nadesan
Editor, Tamil Newspaper of Australia

http://print.dailymirror.lk/opinion1/49984.html

Anonymous 5 October 2011 - 8:49am / Sri Lanka

Geetha finally justice has prevailed, for your info the DUTCH court has decided to HEAR THE CASE further dismissing your LTTE lawyer claims. This proves WOLFS IN ANY SHEEP'S CLOTHING will finally face the MUSIC.

Anonymous 28 September 2011 - 7:49pm / UK

terrorists are boderless. freedom fighters are confined within the border. unfortunately, both the the terrorists and the freedom fighters use the same method to fight for what ever their cause...

Rasan 22 September 2011 - 8:52pm

Hello Geetha,
Can you mention discipline behaviour of the Tamil Tigers? Were killings of innocent civilians, Prime minister, President, Opposition leaders, Politicians and alternative voices and recruiting of children discipline?
UTHR documented the total atrocities of Tamil Tigers. Please visit web site at www.uthr.org

Geetha 3 October 2011 - 6:30am / India
Off the Cuff 9 October 2011 - 4:34pm

Quote ....... Our people who lived through the horrors of the futile war know that this is only one side of the story. Our Tamil leaders have informed the world that the LTTE has killed more Tamils than all the other forces – Indian, Sri Lankan and rival Tamil parties – put together. The moralizings of the media lacks credibility because our people who lived through the horrors of the war know who killed whom in what manner. Leaving aside the die-hard partisans, our people know that the LTTE was a cruel and beastly outfit they had never encountered in living memory – and do not want to encounter in all their lives to come.

Dr Noel Nadesan
Editor, Tamil Newspaper of Australia

http://print.dailymirror.lk/opinion1/49984.html

Rasan 21 September 2011 - 9:43pm

LTTE Diaspora as a criminal outfit
Please click on the following lin to read the full article.
http://www.dailynews.lk/2011/09/21/fea01.asp

Rasan 21 September 2011 - 9:19pm

Tamil Tigers killed hundreds of Tamil speaking Muslims at two separate mosques in the Eastern Province (Kantankudy and Eravur).
Tamil Tigers expelled nearly 100,000 Tamil speaking Muslims from the Northern Province
Tamil Tigers butchered thousands of Sinhala villagers.
Tamil Tigers raped and killed their own eastern women cadres who had supported Karuna. Karuna was an ex-commander of Tamil Tigers.

Geetha 3 October 2011 - 6:32am / India
Geetha 22 September 2011 - 4:19am / India

Go and Ask India Journalist ANITA PRATHAP. When she was visited to Srilanka she met prabhakaran. and she stayed one night with so many tigers. she said one moment their sight (Look) itself i haven't seen badly. or wrongly.

Anita P 27 October 2011 - 10:50pm

I met Prabha but he is gay and he was not interested in me. Prabha can't write or read because he has not passed even 4th grade in school so it was difficult to interview him. Prabha's children were actually fathered by Kittu - the guy with one leg. One thing I found was that the cyanide capsule he woe around his neck was empty.

Geetha 22 September 2011 - 4:12am / India

LTTE is an disciplined organization. don't lie in public forum..Everyone know how they are disciplined.

Anonymous 31 October 2011 - 9:32am

Well Miss Geetha now you may have heard the COURT VERDICT for me i feel THE DUTCH COURT WAS TRYING TO EAT THE CAKE AND HAVE THE CAKE, in any case now that the court has DECIDED in their opinion the LTTE as CRIMINALS i really feel for you because all this time you have been struggling for a LOW DOWN CRIMINAL OUT FIT who according to the verdict means have been stealing from ordinary people and was supporting a group who were dealing in DRUGS, HUMAN TRAFFICKING CHEATING OTHER PEOPLES CREDIT CARDS and all other notorious activities. o you must be very happy with your effort.

Hitler 27 October 2011 - 10:52pm

Even the Nazi's were very disciplined like the LTTE.

Off the Cuff 9 October 2011 - 5:38pm

Oh sure sure, Everyone knows ......

Dr Noel Nadesan knows that very well.... because he is a Tamil himself.

Quote .....

Our people who lived through the horrors of the futile war know that this is only one side of the story. Our Tamil leaders have informed the world that the LTTE has killed more Tamils than all the other forces – Indian, Sri Lankan and rival Tamil parties – put together. The moralizings of the media lacks credibility because our people who lived through the horrors of the war know who killed whom in what manner. Leaving aside the die-hard partisans, our people know that the LTTE was a cruel and beastly outfit they had never encountered in living memory – and do not want to encounter in all their lives to come.

Have a good day Geetha. You can read the full details here...
http://print.dailymirror.lk/opinion1/49984.html

Anonymous 25 September 2011 - 1:00pm / Sri Lanka

Dear Geetha according to you so too are the FREEDOM FIGHTERS of JAMMU and KHASMIR.

Anonymous 21 September 2011 - 8:28am / Sri Lanka

LTTE! A terrorist outfit or a liberation force? If LTTE are a Force of Liberation, they could have politically voiced their concerns through Tamil politicians who backed them until the death of Prabhakaran and still are in the limelight of politics today as Members of Parliament. What reasons mattered for them to become Liberators? Why didn't all Tamils in Sri Lanka support their cause? Why Tamils are divided in to several parties in politics? How come Hindu kovils were destroyed, priests were killed but churches of Tamils and priests survived? Why LTTE killed their own kith and kin? Why did they kill prominent persons like Duraiappa, Nadesan, Kadirgamar etc.? Aren't they Tamils? There are hidden agendas behind LTTE's cruelty and they were the most dangerous of all terrorist organizations in the world with the objectives of killing innocent people of any community behind the curtain of Liberation. Mahatma Ghandhi of India was a Liberation fighter and did he take arms to liberate his people? He did it peacefully in an Ahimsa manner. Eelam is a dream that they inculcated among Tamil youth and new borne who grew as toddlers to see the unwanted crime committed by LTTE. It's obvious that any Government is forced to take arms to curb violence and erase terrorism under the governing law and Sri lanka Government did it. Noe the peace has dawned since Prabha's death and all Tamil people are living with other communities like brothers and sisters. They move about with peace and ease. Tamil leaders who were behind LTTE are now engaged in talks on peace, development and other facilities related to North and East with Government delegation. Changes and new development are taking place in all the parts of the country and Tamil Diasporas in other countries are welcome to support the development programs. LTTE is gone and gone are the days for their agents in countries like Netherlands, Norway, Europe, USA, Australia, South Africa and few other countries. They all must realize that terrorism has no place in this world. No country can support terrorism with exception to LTTE. Netherlands court should punish those culprits if they really need to see a peaceful world. If LTTE is considered a Liberation Force and why not Al Qaeda, Hamas etc.?

John90 21 September 2011 - 7:54am / Sri Lanka

I am glad I live in a country Free of terrorism and violence.A true patriot in the name of Mahinda Rajapasa rose to the occasion.A man with great values he commands respect of all communities,no mater who's against him they should know that he's the democratically elected president of Sri Lanka. No comparison between A savage like Prbahakaran or a true leader like Mahinda.MAHINDA RAJAPAKSA DESERVES THE GRATITUDE OF ALL MANKIND FOR ELIMINATING TERRORISM...WE ADORE YOU SIR.. Now Tamil's can live in peace in a united Sri Lanka.GOD BLESS MOTHER LANKA!!! :)

prabakaran 21 September 2011 - 5:13am / canada

muthu ponnaya, moda pakaya, eelam is only dream.

prabakaran 21 September 2011 - 5:03am / sl

prabakaran ponnaya, u den paraloke eelam govt eke president, p'minister-pottiamman, minister of security-thamil chelvam,

Geetha 21 September 2011 - 2:49am / Bangalore, India

DECLARE SRILANKA IS GENOCIDE COUNTRY...FREE EELAM...
DECLARE SRILANKA IS GENOCIDE COUNTRY...FREE EELAM...
DECLARE SRILANKA IS GENOCIDE COUNTRY...FREE EELAM...

Anonymous 26 September 2011 - 7:05pm

DECLARE INDIAN FORCES IN JAM MU AND KASHMIR AS OCCUPYING FORCES AND FREE THE PEOPLE TO LIVE IN PEACE AS THEIR RIGHTFUL HOMELAND

Anonymous 21 September 2011 - 8:36am / Sri Lanka

Genocide was created by LTTE with blessings of people like you, Geetha. You may be hiding in a foreign country and arousing the innocent and peaceful Tamil brothers, Sisters and Youth here by making such comments. Why not visit Sri Lanka and see to yourself the speedy development and erasing genocide created by LTTE.

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