Page 80 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
(f) Persecution.
(g) Genocide.
Each of the above mentioned war crimes has its own sub-set of crimes.
It is now an accepted view that withholding, denial, or blocking of
provisions of humanitarian assistance to victims of armed conflicts
amounts to war crimes under International Human Rights Law and
IHL.

In the recent ruling of the International Court of Justice in South
Africa v. Israel, ICJ has ruled that there are grounds to substantiate
plausible genocide in Gaza. One of the charges is the denial of
humanitarian assistance and starvation.
34
Charges against GOSL on Denial of Humanitarian
Assistance
GOSL militarily defeated LTTE and its armed conflict in May, 2009. In
that non-international armed conflict the actors; especailly the separatist
militants unleashed unlimited violence against the civillans in various
ways such as suicide bomb attacks, landmine attacks, bombardment of
economically important properties, indiscrimnate attacks on children,
women, religious dignitaries and places of worships etc. 35
Many previous attempts to settle the conflict via negotiated settlement
with third party intervention such as India and Norway was unsuccesful.
36
Menawhile, in July 2006, LTTE closed Mavil Aru anicut and stopped
34 Alexandre Skander Galand, ‘The ICJ’s Findings on Plausible Genocide in Gaza and
Its Implications for the International Criminal Court’ (Opinio Juris5 April 2024) <http://
opiniojuris.org/2024/04/05/the-icjs-findings-on-plausible-genocide-in-gaza-and-its-
implications-for-the-international-criminal-court/> accessed 4 July 2024.
35 Joanne Richards, ‘An Institutional History of the Liberation Tigers of Tamil Eelam (LTTE)
’ (2014) <https://repository.graduateinstitute.ch/record/292651/files/CCDP-Working-Paper-
10-LTTE-1.pdf>.
36 Kumudini Samuel, ‘Straining Consensus: Government Strategies for War and Peace in Sri
Lanka 1994-98 | Conciliation Resources’ (www.c-r.org1998) <https://www.c-r.org/accord/
sri-lanka/straining-consensus-government-strategies-war-and-peace-sri-lanka-1994-98>
accessed 2 July 2024., Raja Goonaratne, ‘Sri Lanka News | Sundayobserver.lk’ (archives.
sundayobserver.lk 21 June 2009) <https://archives.sundayobserver.lk/2001/pix/PrintPage.
asp?REF=/2009/06/21/fea01.asp> accessed 2 July 2024.
law.faculty@kdu.ac.lk
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