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In response, USDOD filed a motion to dismiss for failure to state a claim.
In collaborating with Washington to co-sponsor the 30/1 Resolution in October 2015 Sri Lanka exhibited its total ignorance of USDOD position on civilian casualties stated just three months before.
While using Lord Naseby's submission which was based on classified cables sent by the Defense Attache who witnessed the war from his accredited position in Colombo's British High Commission, The GSL could have used the USDOD Law of the War Manual, first, not to participate in the 30/1 Resolution, second, to totally dissociate and discourage the adoption of it.
The interpretations and definition provided by the US Department of Defense (USDOD) in the Law of War Manual in fact absolves the Sri Lanka military of the 'war crime and genocide charges' blaming the non-state actor - the LTTE - in declaring "[i]f the proportionality rule were interpreted to permit the use of human shields to prohibit attacks, such an interpretation would perversely encourage the use of human shields."
The USDOD Manual, among others, gives the USG interpretation and determination to this principle of proportionality.
One of the most significant policy positions the USG has taken is when the USDOD Manual stated that "[i]f the proportionality rule were interpreted to permit the use of human shields to prohibit attacks, such an interpretation would .
The USDOD declares the USG policy plank that it is unfair for defending forces to intentionally trigger the legal obligations of the attacking force, through unlawful conduct, as a means of obtaining tactical advantage.
The USDOD Manual further interprets the law of war under Protected Persons or Objects to Deter Enemy Military Operations in this manner:
These issue have surfaced when Sri Lankan media reported that a senior Navy officer who retired in 2011, for whatever reason, was recalled from his retirement to be posted to head the naval operation in the Eastern Sector of Sri Lanka, and subsequently in August 2017 appointed the Commander of the country's Navy who was on USDoD payroll during his retirement period.
In examining DAO's military intelligence operation in which this senior Naval officer was part as a Security Specialist on the USDoD payroll, Washington's developed mind-set is an underlying factor.
It is during this crucial period - post war period - the current commander of the Sri Lanka Navy Rear Admiral Travis Sinniah was on the USDoD payroll.
The defense attache officer (DATT) is a military person attached to the embassy in diplomatic status representing USDoD. He has access to the daily embassy situation report (SITREP) and other written intelligence.
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