Regardless of the controversial nature of the Panel’s appointment, our final appraisal of the value of the Panel’s report depends on how it satisfies the essential criteria by which it has to be judged.  These criteria have to be derived from the main objective which the panel was expected to fulfill. The panel report had to be an instrument for strengthening the process of accountability at both the domestic and international level.  For this purpose it had to advise the UNSG on the modalities that were available to him and the international standards that were applicable to all the circumstances governing the actions and events during the final stages of the Sri Lankan war.  In order to do this it had to have sufficient information on the scope and nature of the allegations which raised the issue of accountability and all the conditions pertaining to them.

The report covers four major areas - the armed conflict and the events which gave rise to the allegations, the law applicable to such allegations, the conceptual basis of accountability and justice in such situations and the domestic process of accountability that was available to deal with such allegations.

The parts of the report that deals with these elements have to be examined for the methodology and analysis employed to arrive at conclusions. The methodology has to be tested against the criteria of adequate coverage and completeness of information, impartiality and objectivity as evidenced by the presentation of all sides or versions of events and actions taken. The report has to be judged on its understanding and knowledge of the complexity specific to the Sri Lankan situation under scrutiny.

The evaluation of the report would therefore cover five main components:

• The narration of the events and the allegations of war crimes and violations of human rights as presented by the panel. 

• The nature of the military operation and the application of the Law as defined by the Panel.

• The Issues of Accountability and Justice –the differences in the approaches taken by the Panel and the GOSL.

• The domestic justice system and further obstacles to accountability.

• The Recommendations made by the Panel. 

<< Truth and Accountability : The Last Stages of the War in Sri Lanka - Introduction

<< Chapter 1 - Issues relating to the Appointment and the Status of the Panel

>> Chapter 3 - The Narration of Events and Allegations

>> Chapter 4 - Issues Concerning the Application of International Law

>> Chapter 5 - Issues of Accountability and Justice

>> Chapter 6 - Measures for Advancing Accountability : The Domestic Justice System and further Obstacles

>> Chapter 7 - The Recommendations of the Panel

>> Chapter 8 - Conclusions