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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 24, 20242024-05-24T08:50:02+05:30 2024-05-24T08:50:02+05:30In: INTERNATIONAL HUMANITARIAN LAW

Discuss the challenges faced by ICRC in implementation of IHL Convention in the armed conflicts inSrilanka.

Discuss the challenges faced by ICRC in implementation of IHL Convention in the armed conflicts inSrilanka.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-24T08:50:24+05:30Added an answer on May 24, 2024 at 8:50 am

      The International Committee of the Red Cross (ICRC) faced significant challenges in implementing International Humanitarian Law (IHL) conventions during the armed conflict in Sri Lanka, particularly during the protracted civil war between the government and the Liberation Tigers of Tamil Eelam (LTTE). These challenges stemmed from the complex and volatile nature of the conflict, as well as various political, legal, and operational obstacles:

      Access and Security Concerns:

      1. Restricted Access to Conflict Areas: The government of Sri Lanka imposed tight restrictions on humanitarian access to conflict-affected areas, making it difficult for the ICRC to reach civilians in need and provide essential services such as medical assistance and relief aid. Access to areas controlled by the LTTE was also restricted, limiting the ICRC's ability to deliver aid impartially.

      2. Security Risks for Humanitarian Workers: Humanitarian workers, including ICRC staff, faced significant security risks due to the ongoing violence and militarization of the conflict. Attacks on humanitarian convoys, checkpoints, and medical facilities posed threats to the safety and security of ICRC personnel, hindering their ability to operate effectively in the field.

      Protection of Civilians:

      1. Civilian Casualties and Displacement: The high number of civilian casualties and widespread displacement during the conflict posed significant challenges for the ICRC in ensuring the protection and assistance of civilians. Mass displacement, particularly in the northern and eastern regions of Sri Lanka, strained humanitarian resources and exacerbated the vulnerability of displaced populations to rights abuses and humanitarian crises.

      2. Detention and Internment: The ICRC faced challenges in monitoring and advocating for the rights of detainees and internally displaced persons (IDPs) held in government-run detention centers and camps. Concerns were raised about conditions of detention, arbitrary arrests, and violations of due process rights, highlighting the need for sustained humanitarian intervention and advocacy.

      Political and Legal Constraints:

      1. Lack of Political Will: Limited political will from both the government and LTTE leadership to adhere to IHL principles and engage constructively with humanitarian actors posed obstacles to the ICRC's efforts to promote compliance with humanitarian law and protect civilian populations.

      2. Legal Ambiguities and Accountability: The lack of clarity and accountability regarding alleged violations of IHL, including indiscriminate attacks, extrajudicial killings, and enforced disappearances, complicated the ICRC's advocacy for justice and accountability for victims of rights abuses.

      Conclusion:

      The ICRC faced formidable challenges in implementing IHL conventions during the armed conflict in Sri Lanka, including restricted access and security risks, protection concerns for civilians, and political and legal constraints. Despite these challenges, the ICRC persisted in its efforts to provide impartial humanitarian assistance, promote respect for humanitarian law, and advocate for the protection of civilians affected by the conflict. However, the complexities of the conflict and the reluctance of parties to adhere to IHL principles underscored the need for sustained diplomatic efforts, international engagement, and commitment to accountability and justice to address the humanitarian consequences of the conflict in Sri Lanka.

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