Sri Lanka Human Rights And The United Nations

This book examines the engagement between the United Nations’ human rights machinery and the respective governments since Sri Lanka (then Ceylon) joined the United Nations. Sri Lanka has a long and rich history of engagement with international human rights instruments. However, despite its active membership in the UN, the country’s post-colonial trials and tribulations are emblematic of the limited influence the international organisation has exerted on this country in the Global South. Assessing the impact of this international engagement on the country’s human rights infrastructure and situation, the book outlines Sri Lanka’s colonial and post-colonial development. It then considers the development of a domestic human rights infrastructure in the country. It also examines and analyzes Sri Lanka’s engagement with the UN’s treaty-based and charter-based human rights bodies, before offering conclusions concerning the impact of said engagement. The book offers an innovative approach to gauging the impact of international human rights engagement, while also taking into account the colonial and post-colonial imperatives that have partly dictated governmental behaviour. By doing so, the book seeks to combine and analyse international human rights law, post-colonial critique, studies on biopower, and critical approaches to international law. It will be a useful resource not only for scholars of international law, but also for practitioners and activists working in this area.

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Sri Lanka’s government declared victory in May, 2009, in one of the world’s most intractable wars after a series of battles in which it killed the leader of the Tamil Tigers, who had been fighting to create a separate homeland for the country’s ethnic Tamil minority. The United Nations said the conflict had killed between 80,000 and 100,000 people in Sri Lanka since full-scale civil war broke out in 1983. A US State Department report offered a grisly catalogue of alleged abuses, including the killing of captives or combatants seeking surrender, the abduction and in some cases murder of Tamil civilians, and dismal humanitarian conditions in camps for displaced persons. Human Rights Watch said the U.S. report should dispel any doubts that serious abuses were committed during the final months of the 26-year civil war. The report gains added significance since, during these five months, the Sri Lankan Government denied independent observers, including the media and human rights organizations, access to the war zone, and conducted a “war without witnesses.” This book traces the ongoing engagement of international lawyer Francis A. Boyle during the last years of the conflict. Boyle was among the very few addressing the international legal implications of the Sri Lankan Government’s grave and systematic violations of Tamil human rights while the conflict was taking place. This is the first book to develop an authoritative case for genocide against the Government of Sri Lanka under international law.

This book is about the issues and challenges facing the implementation of the Responsibility To Protect principle in the case of Sri Lanka, where the Tamil Tigers have been fighting to create a separate state.

Thousands of persons were interviewed and hundreds of cases were pursued over the course of several years to create this book. It includes magistrates courts, high courts, the Court of Appeals, the Supreme Court and the United Nations Human Rights Committee. The book observes how the government of Sri Lanka and its agencies acted in the face of the serious complaints raised in these cases. The basis of the book is the detailed records of these cases. Two hundred cases of police torture, mostly from the South, have been summarised. The cases are from the areas under government control and from places far away from ethnic conflict.