By Lionel Bopage –

Dr. Lionel Bopage

Impunity and Its Practice

Impunity for soldiers like those in the Israel Defence Forces (IDF) refers to their exclusion from accountability and punishment for crimes committed, often due to a lack of legal mechanisms or political will. This can take the form of amnesty laws, sovereign immunity, or the failure of domestic legal systems to investigate and prosecute crimes. Amnesty laws promise not to prosecute past violators of human rights or international law, but can hinder accountability and perpetuate a cycle of violence.

State sovereignty shields individual soldiers from prosecution, while weak or non-existent judicial systems can create impunity gaps. Addressing impunity requires strengthening national legal systems, promoting international cooperation, and ensuring accountability. Impunity has a complex history in international law, often linked to regimes, conflicts, and human rights movements. Strengthening domestic mechanisms, international cooperation, and ensuring victims’ rights are crucial for accountability.

Impunity for human rights violations in Sri Lanka has been a recurring issue since independence. Factors that fuelled impunity include crimes committed by the state forces during the civil war under the Prevention of Terrorism Act and extra-judicial means, lack of independent investigations, and weak rule of law. Examples of impunity include enforced disappearances, extrajudicial killings, torture, and ill-treatment of detainees. International pressure, transitional justice mechanisms, and local initiatives have influenced efforts to address impunity. Challenges include strong political will, institutional reform, and prioritising victims’ rights for genuine reconciliation.

Israel

In 2005, an Israeli military court convicted a soldier of “severe intentional harm” to a civilian and sentenced him to twenty months in prison. The same month, the IDF opened a Military Police investigation into the shooting deaths of two Palestinian teenagers in Beit Lahiya in the Gaza Strip. In recent months, several high-profile killings have drawn international attention to the Israeli army’s failure to conduct thorough and impartial investigations where there is credible and sometimes indisputable evidence of unlawful use of force against civilians. The IDF informed Human Rights Watch that as of May 10, 2004, it had criminally investigated just seventy-four alleged cases of unlawful use of lethal force, less than 5% of the civilian deaths in nearly four years of the al-Aqsa intifada.

International humanitarian law requires armed forces to distinguish between combatants and non-combatants and prohibits any deliberate killing of civilians. The Israeli military’s investigative practices and procedures are not impartial, thorough, or timely, and exculpatory claims of soldiers are taken at face value. Operational investigations may serve a useful military purpose, but they are wholly inadequate to determine whether there is evidence of a violation of human rights or humanitarian law. In 2017, Israeli Prime Minister Benjamin Netanyahu announced plans to expand relations with Asia, citing ‘garrison state diplomacy’.

Israel’s relations with Asian countries date back to the fall of the Soviet Union, with formal relations with India and China beginning in 1992. Sri Lanka has maintained a consistent position on Palestine and has been sending thousands of its workers to Israel for employment in farms and the construction sector since the height of the Gaza conflict. In 2022, 9,000 Israeli nationals visited Sri Lanka, increasing by 1,000 the following year. In 2024, the number of Israeli visitors to Sri Lanka doubled, with an estimated 20,000 entering the country. However, Sri Lanka has reported a decrease in Israeli tourist numbers during the first six months of this year, with many Israelis overstaying their visas and engaging in business.

Situation in Sri Lanka

Sri Lanka is grappling with an economic crisis, and tourism is a potential revenue source. However, over-tourism and Israeli occupation pose significant threats to the country’s sovereignty and culture. The Palestinian solidarity movement in Arugam Bay has criticised the presence of Israeli tourists and the use of Hebrew welcome signs, accusing them of monopolising the town and transforming it into a “Zionist colony.” This situation underscores a worrying trend in Sri Lankan society, with a growing movement to target Israeli tourists and influence public opinion to boycott anything associated with Israel.

The Janatha Vimukthi Peramuna (JVP) in Sri Lanka has historically supported the Palestinian cause, but the country is also sending workers to Israel, highlighting Sri Lanka’s internal economic struggles and the need for a balancing act between international relations and domestic needs. The country’s severe economic crisis and high unemployment rate have led to thousands of Sri Lankan citizens seeking work in Israel’s farming and construction sectors, raising ethical questions about the country’s commitment to the Palestinian cause.

Further, Sri Lanka’s visa policy is a matter of national security. Concerns over tourists from Israel have been growing, with the government vowing to crack down on reported illegal activities carried out by Israeli tourists in the coastal town of Arugam Bay earlier this year. With most of them being members of the Israeli Defence Forces, civil society groups have protested and petitioned for special screenings of Israelis, after at least one Israeli tourist was identified as a soldier accused of war crimes.

Sri Lanka’s Prime Minister pledged to crack down on illegal activities by Israeli nationals operating under tourist visas. Local police officials maintain that tourists who abide by the law pose no threat. Critics warn that unchecked external influence may sideline local entrepreneurs, inflate prices, and erode cultural norms in coastal hubs.

In October 2024, Israel urged its citizens in Sri Lanka to leave immediately due to a possible terrorist attack linked to the Middle East crisis. Sri Lankan newspapers reported tightened security in parts of the eastern and southern coast frequented by Israeli tourists. The US, which had also issued a warning for Arugam Bay, rescinded its travel advisory to the island. Sri Lankan authorities bolstered security for tourists following the warnings and advised travellers to remain vigilant while visiting the country.

Conclusion

Sri Lanka has been a popular destination for international tourists seeking pristine beaches, world-class surf, and a tropical paradise at a relatively lesser cost than similar sites in other parts of the world. However, cracks in this dynamic are now visible, with several coastal tourist destinations banning Israeli passport holders from entering their countries and Australia denying the entry of two Israeli soldiers who had served in Gaza. Some believe that following suit would lead to an influx of “more ethically minded” tourists who are otherwise hesitant to visit due to the dominance of Israeli reservists on the island’s beaches.

Gaza war crimes allegations and illegal businesses run by Israelis have prompted widespread anger and resentment among local communities in Sri Lanka. It is unlawful to work on a tourist visa in Sri Lanka, but unlicensed Israeli businesses have mushroomed across the island, with more than 50 Israeli tourist ventures. Sri Lankan activists organize campaigns to raise awareness of the Israel-Palestine conflict and promote the Boycott, Divestment and Sanctions (BDS) movement in Sri Lanka, distributing lists of corporations and organizations linked to Israel. Over the past six months, at least three incidents of physical violence by Israeli nationals have been reported by the locals, with police investigating them.

I want to end this paper with another quote of Lenin from the same source: “We cannot help reckoning with the fact that things there are proceeding in rather a peculiar way, and we cannot say: ‘Down with the right of nations to self-determination! We grant the right of self-determination only to the working people.’ This self-determination proceeds in a very complex and difficult way. It exists nowhere but in Russia, and, while foreseeing every stage of development in other countries, we must decree nothing from Moscow.”

The world has changed significantly since then, but the fight for equality, social justice, and the rule of law remains unchanged. The struggle of the Palestinian people, like others worldwide, reflects their desire for self-determination and highlights the relevance of Lenin’s observations made over a century ago. The worldwide swell of popular support across nations, religions, and political creeds for the plight of the Palestinian people was bound to resonate with the people of Sri Lanka, making the complex political juggling of the government even harder. Legitimate demands of the Palestinians, including their right to self-determination, must be considered by the NPP government in their principled response, regardless of whether such a policy leads to beneficial economic relationships or not.

Any position that ignores or disregards the oppression of the Palestinian people cannot be part of the NPP government’s policy response. This issue is not simply a binary choice between supporting the Zionist state and turning a blind eye to the suffering of the colonised people of Palestine. Given the twists and turns the JVP has taken on the issue of self-determination and the complicated responsibilities it has inherited from previous regimes, it will be intriguing to see how these factors unfold in the near future.

*Concluded

The NPP’s Role In Sri Lanka’s Evolving Landscape & Political Credibility – Part I