Page 83 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
included in the above mentioned Government lit of shipments.

Legal Obligation of Sri Lanka under IHL to Provide
Humanitarian Assistance
Sri Lanka is a party to the four main Geneva Conventions of 1949.
Common Article 3 and Additional Protocol II to the Geneva Conventions
apply to internal armed conflicts. However, Sri Lanka is not a party to AP
II. So, Sri Lanka’s legal obligations under IHL is based on the following
main legal provisions.
(a) Commmon Article 3
(b) Customary International Humantrain Rules such as Rule 53.

(c) Articles 4-6, 9 and 13 of APII ( Although SL has not signed APII,
certain provisions in the AP II are considered as a part of customary
international humanitrian law for which all states irrespective of
agreement are bound to observe),

(d) Judgements given by the international court, judicial tribunals etc.
Analysis of the Charge on Denial of Humanitarain Assistance
OISL charge has two limbs, i.e. A and B. Limb A deals with the
‘allegation’ regarding Killinochchi district. Limb B seems to have
two parts. Part I delas with Vanni district and Part II deals with
Mulative district.

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