A war crimes tribunal for Sri Lanka ? : examining the options under international law
Nihal Jayasinghe, Daley J. Birkett
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Case Western Reserve journal of international law, Vol. 46, no. 3, 2014, p. 567-587
In light of the growing international demands for accountability in relation to alleged war crimes committed in Sri Lanka during its twenty-six-year armed conflict, this article aims to evaluate the options available to both Sri Lanka and the international community under the applicable rules of international law. First, the background to the armed conflict in Sri Lanka is investigated, with a particular focus on the escalation thereof in 2009. This article then examines the options available under public international law to address the increasing calls for accountability. Throughout the analysis, comparisons are drawn between the situation in Sri Lanka and those in which criminal tribunals have been established to prosecute those responsible for perpetrating alleged international crimes. By contrasting the options available in relation to the situation in Sri Lanka with analogous situations, conclusions are drawn as to the most viable options through which the intensifying demands for accountability might be met under international law.
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