National Security; In the Backdrop of the Assassination Inside the Hulftsdorp Court House
Introduction
On the
19th February 2025, organized crime suspect “Ganemulla Sanjeewa”
was shot dead inside the Hulftsdorp Magistrate Court before the honorable
judge by an assassin disguised as a lawyer (“incident”). This incident
questioned the security situation of the country, even though the alleged
assassin was apprehended, some hours later, by the elite Special Task
Force.
In
this backdrop, this paper attempts to explore whether this incident, in any
way, concerns Sri Lanka’s National Security or not. Therefore, it
is important to understand the concept of National Security first.
National Security
National
Security, as a concept, has undergone considerable change over the years
(Jaishankar, 2024), from exclusively concentrating on military and external
threats to appreciating more modern and non-traditional threats. According to
Holmes (2015, p.19), “for most of 20th century, national
security was focused on military security, but… it expanded over time beyond
what armed forces could do or not do”.
The
New Zealand’s Department of the Prime Minister and the Cabinet (2017, p.1)
notes that, it is not prudent to fit national security into one single
definition and instead, it must be allowed “to be adaptive to an
ever-changing security environment”. However, they have considered many
activities including serious crimes influenced from outside NZ and serious
crimes capable of damaging its international relations and economic security
etc. as relevant to National Security.
The
National Security Law of the Peoples’ Republic of China even considers “welfare of the people, sustainable economic and social
development, and other major national interests” as relevant to National
Security (China Law Translate, 2015, p.1).
Further,
Perera (2020, p.23) notes, “national security of Sri Lanka should primarily be
founded upon four prime concerns: Economic Prosperity; Socio & Political
stability; pursuit of national interests; upholding national values”.
Therefore,
many non-military components such as economic security, cybersecurity, energy
security and human security etc. are discussed under the wider umbrella of
National Security today (Holmes, 2015).
National Security Concerns in the Hulftsdorp Shooting Incident
On the
face of it, this incident only took the life of one single
person, physically harming no one else. However, does this incident
concern Sri Lanka’s National Security?
If one
follows a narrow approach to National Security, focusing
on military security and other grand terms such as sovereignty, territorial
integrity, external threats etc., the National Security concerns of this
incident may seem far-fetched and unclear.
However,
by employing a more broad approach, following points can be
observed.
1. Wider Public Security Challenge within Public
Places.
Firstly,
it is important to explore the nexus between Public Security and National
Security. Therefore, it is appropriate to look at the constituting
elements of a “state”, a.k.a. nation, under international law.
According to the “Montevideo Convention of 1933”, qualifications for statehood are: A permanent population; Defined territory; Government; Capacity to enter into relations with other states. Hence, it can be logically argued that all of these elements, including the permanent population, must be secured to ensure the ultimate security of a state.
However,
‘insecurity’ and ‘violence’ are push factors of migration (World Bank, 2006)
which could even threaten the “permanency” of a country’s population.
Additionally, the Supreme Court has even highlighted the close nexus between
National Security and liberty of individuals! (FR case on Easter Sunday
Attacks, 2023).
Therefore, in such a background, separating “Public Security” from “National Security” without appreciating their intimate relationship is not only misleading but also negligent. Further, "national security" must be something that is felt by the public!
However, one may argue that this incident did not harm the public at large.
Yet, this assassination occurred inside a court house (within the commercial capital) which is an important public place frequented by a large crowd including high profile individuals/state officials on a daily basis.
Therefore, even if this assassin killed only one individual, he could have easily targeted the public at large within the court house by way of a mass shooting or a bomb, by smuggling in an appropriate weapon due to poor security measures therein.
Former Senior DIG, Mr. Latiff, who led the elite STF and intelligence units in the past pointed that, this incident "suggests a deep-rooted criminal network capable of infiltrating secure locations raising concerns about the growing influence of organized crime and its ability to bypass state security mechanisms". He further noted that incidents like this could mobilize further gang violence of retaliatory nature among rival parties endangering the public security.
Hence, this incident exposes a wider public security challenge, raising the question as to whether the general public is safe within country’s public places? Or whether our security measures are simply reactive?
Further, aftermath of this incident, reminds us of the temporary vigilance SL had, checking bags and bodies for example, in the days following Easter Sunday attacks in 2019.
Therefore, author believes that, this incident concerns national security, as it exposes a wider public security challenge within the country’s public spaces.
2. Threat to Sri Lanka’s National Values.
According to Perera (2020), “upholding national values” forms a part of the foundation of Sri Lanka’s national security. Such national values include the rule of law, democracy, patriotism and equality etc.
The rule of law is guaranteed under the island’s constitution itself which is considered as the supreme law of the land. It is the duty of every government to ensure rule of law at all costs to avoid anarchy, chaos and rule of literally something else. However, when the government is unable to enforce the law and afford protection to its citizens including the suspects in their custody, as in this present case, the rule of law as a national value becomes threatened and questionable.
Further, patriotism is a value we have experienced for centuries in our rich history against all enemies and all odds. The destruction of the mighty British Army during Kandyan Wars and annihilation of the LTTE are few of the many accomplishments by our patriotic men and women in uniform with the aid of our patriotic citizens.
However, the alleged involvement of rogue elements within the Police and Army in serious crimes like this poses a threat to the integrity of our security establishment. For an example, Ada Derana (2023) reported the alleged involvement of ex commando operatives in a bid to attack the CID Headquarters and help a notorious underworld figure escape. Further. Hiru News (2025) reported that another underworld figure maintains a "commando unit" comprised with rogue deserters from Commando Regiment etc. for the purpose of carrying out killings!
Unfortunately, this has the potential of threatening the patriotism of our society, by diminishing the public faith in our security establishment including the Army and Police. Further, such incidents could be exploited by adversaries to discredit our Police and Armed Forces through targeted and exaggerated media campaigns further deteriorating the situation.
Therefore, while this incident does not mark the end of these national values, it threatens them and exposes their vulnerability.
3. Country Image
The positive image of a country is very important in securing its foreign policy goals (Saliu, 2013) and ensuring the confidence of investors, trade partners and tourists to engage with Sri Lanka without any hesitation. For an example, Marshalls (2007) notes that “country image substantially influences consumer’s evaluation of a tourist destination” and elements like crime “can damage the overall image of a country”.
However, this incident is not just another ordinary crime due to the very nature and place of its commission. Hence, such incidents have the potential of diminishing Sri Lanka’s image on her ability to preserve the rule of law, individual liberty & rights and Public Security before the international community.
Therefore, author believes that, this incident concerns national security, as it could hinder our foreign policy goals such as extradition of criminals (Bandara, 2024), and economic interests such as tourism by negatively contributing to SL’s image/reputation before the international community.
Conclusion
While
it is true that this incident alone does not obliterate the
National Security of Sri Lanka, this author argues that, this assassination
which occurred inside the Hulftdorp Court House before a judge in broad
daylight, heavily concerns national security, as it;
·
Exposes a wider public security challenge
within public places, and
·
Threatens national
values such as rule of law and patriotism, and
·
Negatively contributes
to the country’s image before the international community.
Therefore,
it is not prudent to simply sweep this matter under the carpet, claiming that
it does not threaten SL’s National Security. The smarter and safer approach
would be to acknowledge its broader National Security implications and explore
ways to remedy them and prevent such incidents in future in a proactive
manner.
Further,
as Mr. Latiff points out, the subsequent utilization of the premier counter
terrorism legislation, Prevention of Terrorism Act, against the
alleged assassin of this case, testifies further to the nexus between this
incident and National Security!
References
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