Abstract:
The quest for international criminal justice before Sri Lankan domestic courts
came to the foreground after the political transition in 2015. The fulfilment of
this obligation may not only bring closer the process of transitional justice to
the victims, Sri Lankan society and political constituencies, they may equally
instil greater trust within the international community about the veracity of
Sri Lanka’s commitment to ethnic reconciliation. While the new government
promised a number of agendas on transitional justice reforms, they seem to be
more symbolic than substantive. Taking meaningful steps towards addressing
the domestic investigation of international crimes is very complex. This research
paper addresses the rule of law ingredients-substantive and procedural alike-that
are essential to the realization of a credible investigation into and prosecution of
international crimes before Sr Lanka’s courts. This research paper highlights a
number of legal, institutional, political and practical challenges in dealing with
international crimes prosecution in Sri Lanka. Given the unfeasibility of a credible
international crimes investigation in the present context of Sri Lanka, this article
identifies in detail those fundamental rule of law areas that need restructuring in
order to initiate independent and impartial domestic war crimes investigation and
prosecution
