The scope of Sri Lanka’s commitments to accountability

At the 60th Session of the UNHRC held in September 2025, Foreign Minister of Sri Lanka Vijitha Herath stated: “We sincerely believe that external action will only serve to create divisions, thereby jeopardising the genuine and tangible national processes that have already been set in motion”.

- BY NEVILLE LADDUWAHETTY

In keeping with that concept “The Government is committed to advance accountability through credible domestic processes by establishing “an independent public prosecutor's office”.

In fact, establishing such an office may involve amendments to existing Constitutional and Legal provisions depending on what specific acts have been violated by individuals or by groups. For instance, the statement by the Foreign Minister states: “We are also committed to ensuring that any person alleged to have committed any unlawful act is investigated, prosecuted and brought before courts through an independent national process, irrespective of their social status, background or any other ground”. This commitment is too vague in scope. On the other hand, if accountability is limited to “unlawful acts” associated with Sri Lanka’s Armed Conflict, the scope of amendments needed would be more specific. The material presented below is limited to “unlawful acts” relating to the Armed Conflict.

UNLAWFUL ACTS relating to ARMED CONFLICT

With the Security Forces representing the Government of Sri Lanka and the LTTE representing the Tamil Community were engaged in an Armed Conflict as citizens of Sri Lanka, each party to the Conflict should be held accountable by the same laws.

The only International Laws ratified by Sri Lanka are the 4 Geneva Conventions. Although these 4 Conventions were ratified in October 1959, they were incorporated into Domestic Law ONLY in 2006 by Act No. 4 of 2006. However, the provisions of this Act have NOT been in operation, since no Minister has signed it as required by the Act, that states: “1. (1) This Act may be cited as the Geneva Conventions Act, No. 4 of 2006 and shall come into operation on such date as the Minister may by Order published in the Gazette appoint (hereinafter referred to as the “appointed date”).