The international legal framework on post-war transition: some introductory notes in pursuit of developing a normative framework on post-war transition for tamils in the island of sri lanka

Abstract

With the end of the war in 2009 the situation in the North and East of Sri Lanka could be described as being in a ‘post-war transitional state of affairs’. The manner in which this transitionary state of affairs is handled will have an existential bearing on the future of the Tamil people in the island of Sri Lanka. The need for a scientific rational and a results-oriented approach to managing this transition needs no emphasis. This paper undertakes an ambitious agenda of trying to identify and collate international legal principles and norms that provide for directives and guidance on post war transition and recovery. Through this exercise this paper seeks to develop a ‘Draft Normative Framework on Post-war Transition for Tamils in the Island of Sri Lanka’. The paper will focus on (i) identifying the relevant international benchmarks, norms and involvement in resolving the national question (ii) identifying the international standards on bilateral and multilateral donor involvement in the developmental process and in addressing the issues of the ‘daily’ and (iii) identifying the options for transitional justice. Given that each of these subject areas are on their own broad areas for debate and analysis, this paper, without engaging in a descriptive analysis of the issues involved, will seek to lay out the most relevant international legal principles that can help build the normative framework - the aim and outcome of the paper. In this regard the paper examines the relevance of Interim Administrative/Governmental Arrangements with particular reference to the experience of International Territorial Administration.