Sri Lanka’s Commitment to International Humanitarian Law: Ratifications and Implementations

Sri Lanka’s journey with International Humanitarian Law reflects a nation emerging from conflict while striving to align itself with global humanitarian standards. Despite facing a decades-long internal armed conflict, Sri Lanka has demonstrated its commitment to upholding the principles that protect human dignity during warfare through ratification of key treaties and efforts to implement them domestically.

Foundational commitments: The Geneva Conventions 🔗

The cornerstone of Sri Lanka’s engagement with IHL is its relationship with the Geneva Conventions. Sri Lanka ratified the four Geneva Conventions of 1949 on February 28, 1959, joining the global community in committing to protect wounded soldiers, prisoners of war, and civilians during armed conflict. These conventions establish basic rules that apply even in the most intense warfare, ensuring minimum standards of humane treatment.

Decades after ratification, Sri Lanka took a critical step in incorporating these international obligations into domestic law. The country enacted the Geneva Conventions Act No. 4 of 2006, which provides legal mechanisms to prosecute grave breaches of the conventions as criminal offenses under Sri Lankan law. This legislation represents an essential bridge between international commitments and national enforcement, allowing Sri Lankan courts to hold individuals accountable for serious violations regardless of where they occur.

Weapons prohibitions and disarmament treaties 🔗

Beyond the Geneva Conventions, Sri Lanka has engaged with several specialized treaties addressing specific weapons systems. The country is party to the Biological Weapons Convention (BWC) and the Chemical Weapons Convention (CWC), both of which prohibit entire categories of weapons of mass destruction.

For the Chemical Weapons Convention, Sri Lanka has gone beyond simple ratification. The government established the National Authority for Implementation of the Chemical Weapons Convention (NACWC) under the Ministry of Defence, which serves as the national focal point for ensuring compliance with treaty obligations. Additionally, Sri Lanka enacted the Chemical Weapons Convention Act No. 58 of 2007 to provide domestic legal force to the international prohibition.

Regarding biological weapons, Sri Lanka has been particularly active in international forums. The country was elected Chair of the Meeting of States Parties to the Biological Weapons Convention in 2020, demonstrating both its commitment and leadership in this area of humanitarian disarmament.

Progress on domestic implementation for biological weapons 🔗

While Sri Lanka has ratified the Biological Weapons Convention, the process of domestic implementation has been ongoing. Sri Lanka has commenced drafting domestic legislation to give effect to the provisions of the Biological Weapons Convention, with technical assistance from the International Committee of the Red Cross. This work reflects the practical challenges countries face in translating international commitments into enforceable national law.

Protecting children in armed conflict 🔗

Sri Lanka’s conflict history has made the protection of children particularly relevant. The country ratified the Convention on the Rights of the Child on July 12, 1991, and the Optional Protocol on the Involvement of Children in Armed Conflict on September 8, 2000. This protocol establishes protections against the recruitment and use of children in hostilities.

During the armed conflict with the Liberation Tigers of Tamil Eelam, child recruitment was a serious concern. The UN Committee on the Rights of the Child noted that a significant portion of the LTTE’s fighting force had been forcibly recruited as children. Following the conflict’s end in 2009, Sri Lanka worked to rehabilitate and reintegrate child combatants, with all such children eventually reunited with their families according to government reports.

Mine action and landmine treaty obligations 🔗

One of Sri Lanka’s most significant recent IHL commitments has been in the area of anti-personnel landmines. Sri Lanka acceded to the Anti-Personnel Mine Ban Convention on December 13, 2017, joining the international treaty that prohibits the use, stockpiling, production, and transfer of these weapons.

Following accession, Sri Lanka enacted the Anti-Personnel Mines Ban Act No. 03 of 2022 to implement the treaty domestically. The country also fulfilled its stockpile destruction obligation ahead of schedule. By September 2021, Sri Lanka had destroyed nearly 12,000 stockpiled anti-personnel mines, almost a year earlier than the treaty deadline.

Ongoing clearance challenges 🔗

The thirty-year conflict left northern and eastern Sri Lanka heavily contaminated with explosive ordnance. Under Article 5 of the Convention, Sri Lanka committed to clear all known anti-personnel mined areas by June 1, 2028. To achieve this goal, the country launched the National Mine Action Completion Strategy for 2023-2027, which outlines the roadmap for completing clearance obligations.

The National Mine Action Centre coordinates efforts involving the Sri Lanka Army’s Humanitarian Demining Units and several national and international organizations. However, ongoing surveys have uncovered additional previously unrecorded mined areas, raising questions about whether the 2028 deadline can be met without an extension request.

Institutional mechanisms for IHL implementation 🔗

To coordinate its various IHL obligations, Sri Lanka established the National IHL Committee under the Ministry of Foreign Affairs. This inter-ministerial body brings together representatives from multiple government departments, the armed forces, police, and the legal draftsman’s department to address implementation challenges.

The committee has undertaken several important initiatives. With technical assistance from the ICRC, the National IHL Committee translated the Geneva Conventions into Sinhala and Tamil, Sri Lanka’s vernacular languages. These translations were officially handed over in August 2024, facilitating wider dissemination of IHL knowledge among those responsible for implementation and the general public.

Challenges in implementation 🔗

Despite legislative progress, implementation challenges persist. A significant issue concerns the Geneva Conventions Act of 2006. The Act has not been brought into operation as it requires ministerial activation through a gazette notification, which has not occurred. This means the provisions creating criminal liability for grave breaches cannot yet be applied by Sri Lankan courts, creating a gap between legal framework and practical enforcement.

Similarly, while Sri Lanka acceded to the Convention on Cluster Munitions in March 2018, the domestic implementing legislation remains in process. Cabinet approved incorporating the Convention into domestic law, and the Ministry of Defence has been obtaining constitutional clearance, but final enactment is still pending.

Dissemination and education efforts 🔗

Beyond legislation, Sri Lanka has worked to integrate IHL into education and training. The country has incorporated IHL principles into university curricula, military training programs, and judicial education. The ICRC, in collaboration with the Bandaranaike International Diplomatic Training Institute, organized webinar series on contemporary IHL challenges, examining issues such as new technologies of warfare, cyber operations, and counter-terrorism measures.

These educational initiatives serve multiple purposes: ensuring that military personnel understand their legal obligations, preparing diplomats to engage in international discussions on IHL, and building judicial capacity to adjudicate cases involving humanitarian law violations.

What do you think? How can countries like Sri Lanka balance the urgency of implementing international humanitarian obligations with the practical challenges of post-conflict transition? What mechanisms might help bridge the gap between ratifying international treaties and achieving effective domestic enforcement?

References

1. https://www.icrc.org/en/doc/resources/documents/feature/2013/07-15-sri-lanka-national-implementation-ihl.htm
2. https://www.srilankalaw.lk/g/431-geneva-conventions-act.html
3. https://www.ctbto.org/news-and-events/news/sri-lanka-ratifies-ctbt-propelling-south-asia-towards-full-adherence-treaty
4. http://nacwc.gov.lk/
5. https://www.derechos.org/intlaw/doc/lka4.html
6. https://mfa.gov.lk/sri-lanka-accords-high-priority-to-the-implementation-of-the-biological-weapons-convention/
7. https://rcrcconference.org/pledge/towards-a-universal-culture-of-compliance-with-international-humanitarian-law/
8. https://www.probation.gov.lk/sProgram1_e.php?id=32
9. https://www.ohchr.org/en/press-releases/2010/09/committee-rights-child-review-report-sri-lanka-under-convention-and-optional
10. https://www.apminebanconvention.org/en/membership/sri-lanka
11. https://reliefweb.int/report/sri-lanka/nearly-12-000-landmines-destroyed-sri-lanka-under-mine-ban-convention
12. https://www.gichd.org/publications-resources/publications/sri-lanka-national-mine-action-completion-strategy/
13. https://www.mineactionreview.org/country/sri-lanka/anti-personnel-mines
14. https://www.ft.lk/news/75-years-of-Geneva-Conventions-Global-and-Sri-Lankan-perspectives/56-765481
15. https://island.lk/the-scope-of-sri-lankas-commitments-to-accountability/
16. https://www.icrc.org/en/document/sri-lanka-challenges-humanitarian-law