Protecting Civilians During Armed Conflicts: An Appraisal of States’ Obligations from an International Law Perspective with Special Reference to Sri Lanka

Abstract

Resorting to armed conflicts is a human-made disaster. Sovereign states are under an obligation to apply relevant principles governing armed conflicts to minimize the ravages of such disasters, to provide effective remedies, and to rebuild their societies. International humanitarian law (IHL) provides rules to protect civilians and civilian objectives in armed conflicts. This research aims at examining the international obligations of states as established by IHL to protect civilians from the ravages of armed conflicts with special reference to Sri Lanka. Sri Lanka experienced a protracted non-international armed conflict, which spanned over three decades. Since the cessation of hostilities, the international community, particularly the UN Human Rights Council (UNHRC), is scrutinizing whether the government of Sri Lanka has effectively discharged its international obligations during the war, specifically based on the alleged human rights and humanitarian law violations committed against civilians. UN Human Rights Council has adopted several resolutions, which require the government to address the accusations and to foster transitional justice. This research analyzes relevant legal principles, practical situations, and responses of the international community, in particular the resolutions adopted by the UN Human Rights Council on Sri Lanka to assess international and domestic legal responses regarding the protection of civilians during Sri Lanka’s armed conflict. Key findings reveal that the frequent changes of governments, their policies, and strategies have impeded addressing the disaster effectively. Failure to adopt necessary enabling legislations and the disinclination to allow international mechanisms to probe into the alleged incidents weaken the defenses of Sri Lanka. This research recommends that diligent discharge of international obligations and upholding rule of law would provide a sustainable solution to Sri Lanka’s human-made disaster.

Research assistantship of Ranuli Senaratne, LLB (Hons), Faculty of Law, University of Colombo, Sri Lanka.