Continued Relevance of International Humanitarian Law in Post-Armed Conflict Situations: Critical Analysis with Special Reference to Sri Lanka

Abstract

Since it is generally believed that International Humanitarian Law (IHL) has no relevance in pre or post war situations, there prevails an impasse with regard to the continued relevance of IHL in post armed conflict situations. The central question attempted to answer in this article is that how the principles of IHL can be extended form their routine application to govern pertinent issues in post armed conflict situations. The main objective of the article is to examine the possibilities of out-spreading the application of relevant IHL principles to post armed conflict situations and to assess the sustainability of such a move with special reference to the post war Sri Lankan context. This article recognizes the continued relevance of IHL principles, in particular, in the areas of fostering reconciliation to war affected societies and communities; achieving transitional justice through retributive and restorative justice systems; extending the notion of humanity as the underpinning concept in all the decisions, actions and programmes initiated in helping the victims of war and affected communities and rebuilding the war ravaged society. Taking the necessary steps for better dissemination and implementation of IHL principles in post war context is also highlighted.