Imagined Statehood: Rebel Governance and Anti-National Identity in Sri Lanka

2015 ◽  
Author(s):  
Yuichi Kubota
2021 ◽  
pp. 219-354
Author(s):  
René Provost

Chapter 3 examines the implication of a broad requirement of due process for rebel courts, taking as a case study the judicial system put into place by the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka. The LTTE launched an armed insurgency against the government of Sri Lanka in the early 1980s, eventually controlling nearly 40 percent of national territory. The LTTE developed an independent civil administration which included a state-like court structure with seventeen distinct courts at trial, appeal, and supreme court levels. The group also enacted comprehensive civil and criminal codes, as well as other important pieces of legislation. The chapter takes this exceptionally sophisticated insurgent court system to interrogate the concept of rebel jurisdiction, exploring the foundations in public international law of the extent and limits of territorial, subject-matter, and personal jurisdictions of rebel law and courts. The analysis then turns to the thorny issue of due process requirements that must be met under international humanitarian and human rights law to consider as fair a trial before a rebel court. The precise content of the requirement of a fair trial under international law does vary in situations of emergency like international and non-international armed conflicts. In addition, legal standards must be adjusted to reflect the nature of non-state courts and the particular contextual challenges faced by rebel governance in conflict zones. On that basis, each applicable due process guarantee is analysed to determine the precise requirements it imposes on rebel justice.


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Christoph Feyen

AbstractSeventy-seven years after gaining independence and 11 years after the end of a long civil war, Sri Lankan public discourse is still searching for a broadly accepted concept of national identity and struggling to find constructive ways of dealing with the past. In this interview the former president of Sri Lanka (1994–2005) Madam Chandrika Bandaranaike Kumaratunga reflects on deeply rooted conflicts in society, the various outbreaks of violence, political mistakes made in the past, and her own role in the peace process and in reconciliation.


1999 ◽  
Vol 48 (1-2) ◽  
pp. 201-215 ◽  
Author(s):  
Kalinga Tudor Silva
Keyword(s):  

2008 ◽  
Vol 101 (3-4) ◽  
pp. 399-416
Author(s):  
Devaka Premawardhana

“Olhe, um terrorista!” yelled the construction worker as I passed. I was living in Salvador, Brazil, where eighty percent of the population identifies as something other than white. Though not sharing the same ancestry as my neighbors, I never, as a moreno (brown-skinned person), stood out to them as different. Yet to the man who pointed me out that day, I did. He apparently had been watching the news: another round of Arab men arrested on suspicion of plotting a terror attack. It was a small moment, an aberration amidst the abundance of hospitality I was enjoying in a country not my own. Born in Sri Lanka and raised in the United States, I chose to move to Brazil mainly for personal enrichment—to study and practice liberation theology in a land regarded as one of its homes. With so varied and privileged a background, I saw myself as something of a supra-cultural globetrotter, immune to other peoples' limitations of cultural and national identity. Whenever crossing what others referred to as borders, I rarely ceased to feel centered. Yet that day—the day I was labeled a terrorist—I suffered something of the migrant's anguish, the de-centering humiliation that typically accompanies the border crosser.


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