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to determine if they are permissible collateral damage, a
violation of IHL only occurs if there is an intentional attack directed against civilians (violation of principle of distinction),
or if an attack is launched on a military objective with the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (violation principle of proportionality).”
In the final stages of the war, according to the Report of the Secretary General’s Panel of Experts on Accountability in Sri Lanka around 330,000 civilians were trapped in an ever decreasing area, fleeing the shelling but kept hostage by the LTTE and being used as a strategic human buffer between themselves and the advancing SLA.”