Navigating the Complex Terrain of Accountability in Sri Lanka

• Malliha Wilson, Janakan Muthukumar, and Ashwini Vasanthakumar, Introduction: Navigating the Complex Terrain of Accountability in Sri Lanka
• Malliha Wilson, Enhancing Justice for Sub-National Groups: The Role of Universal Jurisdiction in Sri Lanka
• Maxwin Paul Rayen, The Politics of Naming and the Costs of Denial: Genocide in Sri Lanka
• Ambika Satkunanathan, Ignoring the Political: Studying the Roots of the Failed Quest for Accountability in Sri Lanka
• Chulani Kodikara, Waiting for International Justice: The Struggle of Tamil Family Members of the Disappeared in Sri Lanka
• Ashwini Vashanthakumar, Revisiting SJV Chelvanayakam
• Bhavani Fonseka, Elusive Justice & Prospects for Reconciliation in Sri Lanka
• Sujith Xavier, Harvesting Truth: Transitional Justice in Post War Sri Lanka
• Harini Sivalingam, Transnational Memorialization and Documenting Tamil Genocide in the Diaspora: Implications for Justice and Accountability
• Janakan Muthukumar, Sri Lanka’s Accountability Odyssey: Navigating Global Trends in Justice
• Sunil Bastian, Accountability in Sri Lanka – Another View

Introduction: Navigating the Complex Terrain of Accountability in Sri Lanka

by Malliha Wilson, Janakan Muthukumar, and Ashwini Vasanthakumar

Sri Lanka’s post-war journey remains one of complex and contested narratives, where the memories of a devastating civil conflict continue to shape the politics, law, and social fabric of the country. The war, which spanned from 1983 to 2009, was characterized by extensive human rights  violations, including allegations of genocide, crimes against humanity, and war crimes committed by the Sri Lankan government. In the final stages of the conflict, tens of thousands of civilians, primarily Tamil, were killed through indiscriminate shelling, targeted attacks on civilian infrastructure, extrajudicial killings, and enforced disappearances, actions that have been documented as potential war crimes. There are also allegations of violations of international humanitarian law by both the government of Sri Lanka and Liberation Tigers of Tamil Eelam.

The Sri Lankan government’s military operations, including the indiscriminate bombardment of “no-fire zones” and the systematic killing of civilians, have been flagged as possible acts of genocide and gross violations of international law. Despite these grave concerns, there has been limited accountability: the government’s rejection of international scrutiny and its efforts to suppress investigations have obstructed the pursuit of justice. Today, Sri Lanka remains in a state of profound political, social, and cultural reckoning, struggling to confront these violations and the broader legacy of impunity. The quest for accountability is not merely about retribution for these past crimes but about addressing the systemic issues of impunity, institutional decay, and social fragmentation that continue to hinder the country’s progress toward genuine reconciliation and the fulfillment of human rights and dignity for all its citizens.

This special issue explores the complex nature of accountability in Sri Lanka, bringing together perspectives on the legal, political, and societal dimensions of justice. It provides a multifaceted analysis of the ongoing efforts to hold perpetrators accountable for atrocities committed during the war, while also critically examining the challenges in achieving meaningful justice and reconciliation into the future. The articles in this volume highlight the centrality of victims’ voices, the roles of international law, the political dynamics that shape the accountability process, and the importance of institutional reforms in ensuring that such atrocities are not repeated. The authors’ contributions offer invaluable insights into the complexities of the Sri Lankan context and the broader implications for justice in post-conflict societies.

The call for this series was made in the fall of 2023, at a time when the Sri Lankan government, led by President Ranil Wickremesinghe, was navigating the aftermath of the economic and political crisis that resulted in the fall of Gotabaya Rajapaksa’s regime. This crisis culminated in the 2024 presidential election, won by Anura Kumara Dissanayake in August. Subsequently, the parliamentary elections in November were won by the National People’s Power, a political coalition led by Dissanayake. The editorial articles in this volume may not fully reflect the contemporary changes under Dissanayake’s administration. However, the longstanding social, political, and institutional challenges identified by different authors remain, and will need to be addressed for the present government to make credible progress on transitional justice, accountability, and political reconciliation.

Legal Accountability: The Role of Law in Addressing Past Crimes

Legal accountability remains a central pillar of the justice process in Sri Lanka. In the aftermath of war crimes, crimes against humanity, and human rights violations, legal mechanisms—both domestic and international—are vital in ensuring that perpetrators are held responsible. However, the legal system in Sri Lanka has often been thwarted by political interference and institutional corruption, which has made it difficult for victims to access justice.

In their contributions, Malliha Wilson and Maxwin Paul Rayen both focus on the legal avenues available for holding perpetrators accountable, particularly through international law. Wilson’s article, “Enhancing Justice for Sub-National Groups: The Role of Universal Jurisdiction in Sri Lanka,” examines how universal jurisdiction can be used to prosecute individuals for grave crimes committed abroad. This legal principle enables national courts to hold perpetrators accountable regardless of where the crimes occurred, offering a potential path for justice when domestic legal systems are either unwilling or unable to act. Rayen’s contribution, “The Politics of Naming and the Costs of Denial: Genocide in Sri Lanka,” extends this argument by critically analyzing the international community’s reluctance to recognize the Tamil genocide, despite credible evidence of mass atrocities. His examination of the legal hurdles surrounding the classification of genocide highlights the difficulties in obtaining legal recognition of crimes, which is often the first step in accountability.

The critical question of whether the international community can provide a meaningful legal response to Sri Lanka’s violations is central to the ongoing debate. International human rights law and institutions such as the United Nations have called for accountability, but Sri Lanka’s reluctance to cooperate with international mechanisms complicates efforts to deliver justice. Nonetheless, legal accountability remains a cornerstone of any transitional justice framework, with the necessity of both domestic reforms and international cooperation underscored by these contributions.

Political Accountability: Government Responsibility and the Role of Power Structures

While legal accountability addresses individual responsibility, political accountability goes beyond individual cases and examines the broader system of governance, which allows or even facilitates atrocities. In Sri Lanka, the political landscape has been deeply shaped by a history of state repression, authoritarianism, and majoritarian politics, where accountability has often been sacrificed in the name of maintaining power. Achieving political accountability involves dismantling these power structures and ensuring that the government is held responsible for enabling or perpetrating violations.

Ambika Satkunanathan’s article, “Ignoring the Political: Studying the Roots of the Failed Quest for Accountability in Sri Lanka,” focuses on the informal political structures that have enabled impunity. She argues that Sri Lanka’s failure to hold perpetrators accountable is not simply due to legal dysfunction but is deeply rooted in the socio-political culture that protects state actors from scrutiny. The political patronage systems, entrenched by decades of ethnic conflict and political manipulation, create informal networks of power that subvert formal justice processes. Satkunanathan’s work highlights how these informal systems—often based on ethnic and political patronage—sustain the status quo and hinder any meaningful accountability efforts.

The government’s reluctance to embrace true accountability can be seen in its repeated failure to investigate past crimes, despite international pressure. Chulani Kodikara points out in her contribution, “Waiting for International Justice: The Struggle of Tamil Family Members of the Disappeared in Sri Lanka,” that the Sri Lankan state’s inaction has led many victims to look to international mechanisms for justice. Kodikara’s work draws attention to the demands of Tamil families for an international justice mechanism, as domestic avenues have proven ineffective. The political resistance to justice is further compounded by the Sri Lankan government’s denial of responsibility for violations, particularly regarding the Tamil community’s grievances. Thus, political accountability is not merely about addressing the actions of individuals but about confronting the systemic failures within the state that enable violence and impunity.

Political accountability also necessitates meaningful political solutions, particularly to the ethnic divisions that fueled the conflict. Ashwini Vasanthakumar, in her piece “Revisiting SJV Chelvanayakam,” argues that a pluralistic approach to nationalism and national identity remains essential to achieving lasting political peace in Sri Lanka and achieving autonomy for minorities, and minorities within minorities. She emphasizes the multiple trajectories available in Chelvanayakam’s vision of progressive Tamil nationalism, which sought to balance Tamil rights with national unity, and which sought to amplify marginalised groups within the Tamil community. Vasanthakumar critiques the failure to recognize the pluralistic nature of Tamil identity by militant nationalisms, which continue to pose significant obstacles to achieving justice, reconciliation, and individual and collective self-determination. Her analysis situates the struggle for accountability within the broader framework of Tamil political thought, offering a lens by which to understand the historical roots and contemporary challenges of Sri Lanka’s political conflict.

Transitional Justice and Institutional Reform: Building a Just and Inclusive Society

Transitional justice encompasses a broad range of mechanisms designed to address past human rights violations and promote long-term reconciliation. These mechanisms typically include truth-telling processes, reparations for victims, and institutional reforms to prevent future abuses. In the Sri Lankan context, transitional justice is not just about seeking individual accountability for crimes but also about rebuilding the country’s institutions, which have been severely damaged by years of conflict and political repression, and about redistributing political and economic resources.

Bhavani Fonseka’s contribution, “Elusive Justice & Prospects for Reconciliation in Sri Lanka,” discusses the failures of Sri Lanka’s justice system, outlining the numerous ways in which the government has impeded investigations and prosecutions. Fonseka focuses on emblematic cases such as the assassination of journalist Lasantha Wickrematunge and the enforced disappearances of Tamil civilians. Despite the persistence of victims and civil society organizations, she notes, justice remains elusive. Fonseka highlights that while transitional justice requires reforms to the judicial system and law enforcement agencies, it also requires a cultural shift within the state’s institutions, which have long been complicit in perpetuating impunity.

Institutional reform is vital to ensuring that future violations do not occur. This includes rebuilding the legal and justice sectors to ensure that they can effectively investigate and prosecute crimes, as well as addressing the militarization of Sri Lanka’s state apparatus. As Sujith Xavier argues in his article, “Harvesting Truth: Transitional Justice in Post-War Sri Lanka,” transitional justice must address not only the immediate aftermath of war crimes but also the broader cultural and institutional changes needed to prevent such atrocities from happening again. Xavier critiques the very concept of transitional justice, arguing that it often fails to address the root causes of violence and does little to challenge the underlying political, social, and economic structures that perpetuate systemic injustice. He contends that the transitional justice framework, while important, cannot fully untangle the complex web of political, social, and historical factors that have fueled Sri Lanka’s conflict. Xavier’s work is a timely and necessary intervention in the debate on transitional justice, urging policymakers and scholars to rethink the limitations of current models, and speaking directly to broader reforms under discussion in Sri Lanka.

Memorialization, Victims’ Voices, and Social Healing

A key element of transitional justice is the recognition of victims and their experiences, which is vital for both healing and ensuring that atrocities are not forgotten. Memorialization and truth-telling serve as powerful tools for justice, offering victims a space to be heard and ensuring that the state’s violent actions are not erased from public memory. In Sri Lanka, however, efforts to memorialize the Tamil genocide and other atrocities have been met with resistance from the state, which seeks to control the narrative of the war’s history.

Harini Sivalingam’s article, “Transnational Memorialization and Documenting Tamil Genocide: Implications for Justice and Accountability,” explores the crucial role of memory and memorialization in the post-conflict justice process. Sivalingam argues that memorialization is not just about remembering past atrocities, but is an essential tool for ensuring accountability and preventing future violations. By establishing physical and symbolic spaces to remember victims, memorialization forces societies to confront painful truths and acknowledges the suffering of those affected. It plays a pivotal role in the transitional justice framework by contributing to a shared understanding of the past, thus creating the foundation for collective healing and preventing the recurrence of violence. Memorials act as sites of resistance, pushing back against state-sponsored historical revisionism and providing a counter-narrative that demands recognition of the atrocities committed, particularly the Tamil genocide.

Here, again, Chulani Kodikara’s article, “Waiting for International Justice: The Struggle of Tamil Family Members of the Disappeared in Sri Lanka,” is relevant. Kodikara highlights the importance of memory in the struggle for justice, especially for the families of the disappeared. While the Sri Lankan state has sought to suppress or distort narratives that counter its official history, the Tamil diaspora and local communities continue to document their experiences, asserting their right to memory. Kodikara illustrates how the Tamil families of the disappeared have been at the forefront of this struggle, leading efforts to uncover the truth, despite facing constant threats and violence. These families have not only demanded accountability for the crimes committed but also called for reparations and formal recognition of their suffering. Their activism ensures that the voices of victims are not silenced and that their demands for justice and recognition reach both the Sri Lankan government and the international community. This struggle for memory and recognition remains central to the broader process of accountability, as it forces society to reckon with the past and work toward an inclusive and just future.

International Accountability and the Role of Global Powers

International accountability mechanisms can play a crucial role in ensuring justice when domestic systems are unable or unwilling to act. However, as Janakan Muthukumar highlights in “Sri Lanka’s Accountability Odyssey: Navigating Global Trends in Justice,” the international community’s response to Sri Lanka’s violations has often been shaped by geopolitical interests, with major powers such as China, India, and Russia shielding Sri Lanka from international scrutiny to protect their strategic alliances. This has led to a fractured approach to international justice, where national interests often take precedence over human rights concerns. While international organizations, particularly the United Nations, have played a key role in documenting violations and calling for action, Muthukumar explores the evolution of international law’s engagement with Sri Lanka, detailing how various UN resolutions and the establishment of the OHCHR’s Sri Lanka Accountability Project have sought to preserve evidence of war crimes. Despite these efforts, the lack of meaningful enforcement mechanisms has limited the effectiveness of international accountability, and the international community must ensure its justice mechanisms are robust enough to hold Sri Lanka’s leaders accountable for past crimes.

In contrast, Sunil Bastian’s article, “Accountability in Sri Lanka – Another View,” takes a nuanced approach by focusing on the internal political dynamics that have shaped the international response to Sri Lanka’s violations. Bastian critiques the role of international powers in influencing Sri Lanka’s post-war trajectory. His paper sheds light on the balancing act between human rights concerns and geopolitical interests that has often undermined meaningful accountability. Bastian argues that foreign powers, while vocal on issues of human rights, have also prioritized strategic alliances with Sri Lanka, complicating efforts to push the government toward genuine reforms. This duality, according to Bastian, has been a major barrier to the effectiveness of international mechanisms like the UNHRC in bringing about accountability.

Conclusion: The Long Road to Justice

The quest for accountability in Sri Lanka remains a long and arduous journey, shaped by political resistance, entrenched power structures, and the deep scars left by decades of conflict. The systematic targeting of the Tamil population and other minorities during periods of violence, coupled with the state’s failure to protect them, has left an enduring legacy. This pattern of violence escalated during the final phase of the war in 2009 and continues to cast a shadow in its aftermath. Atrocities committed during this period, including allegations of genocide, remain largely unaddressed by the state. As the authors in this special issue demonstrate, the pursuit of justice in Sri Lanka transcends prosecuting individual perpetrators. It involves addressing the root causes of violence, reforming institutions to sustain justice, and establishing a political framework to ensure such atrocities are never repeated. The articles in this volume underscore the urgent need for systemic change, emphasizing the centrality of victims’ voices, the importance of institutional reform, and the critical role of both domestic and international actors in achieving accountability.

Moreover, the role of international law and the international community remains critical in holding states accountable for human rights violations—in principle if not always in practice. The principles of the international rule of law, which protect fundamental human rights and ensure that justice is not subordinated to political or strategic interests, are essential in shaping global responses to Sri Lanka’s accountability challenges. International mechanisms, including the United Nations, must continue to play a significant role in ensuring that perpetrators are held responsible, and that Sri Lanka’s justice system is reformed to prevent future atrocities. The application of international law potentially serves as a safeguard against impunity, reinforcing the global commitment to human dignity and justice.

The new government under President Dissanayake has promised to continue the constitutional process begun under the Sirisena government, and move Sri Lanka forward in terms of institutional reform, anti-corruption efforts, and socio-economic justice.  These efforts can only succeed when they are tied to addressing Sri Lanka’s long conflict and its enduring legacies. The international community must continue to advocate for a robust and comprehensive approach to transitional justice, ensuring that human rights are protected, and that accountability remains at the heart of Sri Lanka’s political, legal, and social rebuilding. The lessons from this special issue offer further insights into how post-conflict societies can navigate the challenges of justice, reconciliation, and accountability.

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Citation: Malliha Wilson, Janakan Muthukumar, and Ashwini Vasanthakumar, “Introduction” in Navigating the Complex Terrain of Accountability in Sri Lanka: a special issue of the PKI Global Justice Journal (2025) 9 PKI Global Justice Journal 2