Page 74 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
mandatory obligations of the parties to conflict.
9
Although, more literature exists on the legality of the provision of
humanitarian assistance in international armed conflicts, there is dearth
of discussion regarding non-international armed conflicts. However,
the rules relating to the provision of humanitarian assistance in both
types of conflict are similar. Accordingly, the parties in whose control
10
the civilians are living; are bound to provide humanitarian needs to
the civilians. However, states have primary responsibility to meet the
needs of civilians within their territory or effective control.
11
Sri Lanka experienced many armed conflicts both of international and
non-international nature in the past. The first international conflict
appears to be the south Indian horse traders Sēna-Guttika’s invasive
conflict which took place during the period from 177-155 BCE. The
12
most historically significant international armed conflict that took place
in Sri Lanka appears to be the conflict popularly known as Vijitapura
or Duṭugamuṇu-Elāra (c 101 BCE) battle. It is observed that the Sri
13
Lankan monarchs through those battles had developed strong customary
rules of war. Those rules were based on respecting humanity. As a result,
prisoners of war (both live and dead) and civilians were treated humanely

9 Secretary General of UNO, ‘Report of the Secretary-General on the Protection of Civilians
in Armed Conflict’ (2010) <https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-
6D27-4E9C-8CD3-CF6E4FF96FF9%7D/POC%20S2010%20579.pdf> accessed 19 March
2024.
10 Dapo Akande and Emanuela-Chiara Gillard, ‘Arbitrary Withholding of Consent to
Humanitarian Relief Operations in Armed Conflict’ (2016) 92 International Law Studies 15.
11 UN Refugee Agency, ‘Protection of Internally Displaced Persons in Georgia: A Gap
Analysis’ (2024) <https://www.unhcr.org/sites/default/files/legacy-pdf/4ad827f59.pdf>
accessed 19 March 2024.
12 Mahānāma and Wilhelm Geiger, The Mahavamsa, Edited by Wilhelm Geiger. (London
Published For The Pali Text Society by Luzac 1958).
13 According to Common Article 2(1) of Geneva Conventions 1949, an international armed
conflict means and includes ‘all cases of declared war or of any other armed conflict which may
arise between two or more states. It includes occupation and invasion as well. In this modern
sense of international armed conflict, Dutugamunu- Elara war can be reasonably interpreted as
an international armed conflict., Sylvain Vité, ‘Typology of Armed Conflicts in International
Humanitarian Law: Legal Concepts and Actual Situations’ (2009) 91 International Review of
the Red Cross 69, accessed 30 June 2024
law.faculty@kdu.ac.lk
67