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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 27, 20242024-05-27T21:03:11+05:30 2024-05-27T21:03:11+05:30In: INTERNATIONAL HUMANITARIAN LAW

Convention in the armed conflicts inSrilanka.

Convention in the armed conflicts inSrilanka.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-27T21:03:34+05:30Added an answer on May 27, 2024 at 9:03 pm

      The armed conflict in Sri Lanka, which lasted for nearly three decades, primarily involved the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE), a separatist militant organization. Throughout the conflict, both parties were subject to International Humanitarian Law (IHL) obligations, including those outlined in the four Geneva Conventions of 1949 and their Additional Protocols.

      1. Geneva Conventions: The four Geneva Conventions of 1949 form the cornerstone of IHL and provide protections for civilians and combatants during armed conflict. In the context of the conflict in Sri Lanka, these conventions would have applied to safeguard the rights of civilians, wounded and sick combatants, prisoners of war, and non-combatants. However, adherence to these conventions was often compromised due to the nature of the conflict, including allegations of widespread human rights abuses and violations of IHL by both the Sri Lankan government forces and the LTTE.

      2. Additional Protocols: The conflict in Sri Lanka also falls under the purview of Additional Protocol II of 1977, which provides additional protections for civilians and non-combatants in non-international armed conflicts. This protocol outlines principles of humane treatment, protection against violence, and respect for fundamental human rights during internal conflicts. However, implementation and compliance with Additional Protocol II were reportedly limited, with reports of civilian casualties, displacement, and violations of IHL by both parties to the conflict.

      3. Customary International Humanitarian Law: In addition to treaty-based obligations, customary international humanitarian law, which consists of longstanding practices accepted as law by states, also applies to the armed conflict in Sri Lanka. Customary IHL includes principles such as distinction, proportionality, and the prohibition of indiscriminate attacks, which are binding on all parties to the conflict. However, adherence to these principles was often lacking, leading to civilian casualties and human rights abuses.

      4. Accountability and Justice: Despite the end of the armed conflict in 2009, accountability for violations of IHL and human rights abuses remains a contentious issue in Sri Lanka. Calls for justice, truth, and reconciliation have been made by domestic and international actors to address past atrocities and ensure accountability for perpetrators. Efforts to establish mechanisms for accountability, including domestic and international investigations, prosecutions, and truth-seeking processes, have been met with challenges and political obstacles, highlighting the complexities of addressing past abuses in post-conflict societies.

      In conclusion, the armed conflict in Sri Lanka was subject to International Humanitarian Law, including the four Geneva Conventions, Additional Protocol II, and customary international humanitarian law. However, implementation and compliance with these legal obligations were often compromised due to the nature of the conflict, resulting in civilian casualties, displacement, and human rights abuses. Addressing past violations and ensuring accountability for perpetrators remain critical challenges in the post-conflict reconciliation process in Sri Lanka.

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