Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



Search by country



General Country list

Country Chart


About this project

Contact us




Home page

Back to top

Logo   Domestic implementation of international criminal law




Sri Lanka Flag  Democratic Socialist Republic of Sri Lanka



Domestic Legislation | Peace Agreements | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

Section 121 of the Penal Code of Sri Lanka punishes the waging of war against any Power in alliance or at peace with the Republic:

    "121
    Whoever wages war against the Government of any Power in alliance or at peace with the Republic or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, to which fine may be added, or with fine."

Crimes Against Humanity

No specific provision. However. Sri Lanka ratified the International Convention for the Protection of all Persons from Enforced Disappearance on 25 May 2016, whose Article 5 (Part II), states:

    "The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law."
"On September 14, 2015, Sri Lanka's government announced a plan to establish a Commission for Truth, Justice, Reconciliation and Non-Recurrence to handle cases related to the atrocities that occurred during the country's 26-year-long civil war. According to Foreign Minister Mangala Samarawera, the Commission will be modeled after the one established in South Africa to handle crimes from the era of apartheid, and Sri Lanka will receive advice from South Africa to guide the country in helping victims and locating missing individuals." [Source: Global Legal Monitor, Law Library of Congress]. On the other hand, the United Nations Human Rights Council has called for the establishment of a hybrid special court to try war crimes and crimes against humanity committed during the 26-year-long armed conflict. [See related documents under the "Resources and Links: Armed conflict and enforced disappearances" section below]

Genocide

No provision.

War Crimes

  • Geneva Conventions Act, No. 4 of 2006. 26 February 2006. [ENG]

    Related documents

  • Chemical Weapons Convention Act of 2007. (Act No. 58 of 2007). 20 November 2007. [ENG]

  • Penal Code (Amendment) Act, No. 16 of 2006. 24 April 2006. [ENG]
    [This amendment inserts a new section 358A into the Penal Code punishing the recruitment of children for use in armed conflict with up to 30 years imprisonment and a fine.]

  • Order under section 3 of the Mediation (Special Categories of Disputes) Act, No. 21 of 2003. [ENG]
    [The order specifies certain conflict affected areas within the scope of the dispute mechanism -"Mediation Boards"- established by the Mediation (Special Categories of Disputes) Act, No. 21 of 2003.]

  • Mediation (Special Categories of Disputes) Act, No. 21 of 2003. (An Act to provide for the establishment of Mediation Boards for settlement through mediation of special categories of disputes; and for matters connected therewith and incidental thereto). 30 July 2003. [ENG]
    [This Act provides for a settlement through mediation mechanism in relation to property disputes in situations of internal displacement within the context of the conflict in the North/North East of the country.]

  • The Visiting Forces Act. (Act Nos. 31 of 1949 and 36 of 1950). 10 October 1949. [ENG]

    Jurisdiction

    The jurisdictional regime for war crimes (grave breaches of the Geneva Conventions) is established in Section 2 of: Geneva Conventions Act, No. 4 of 2006. 26 February 2006. [ENG]

    International Criminal Court

    Rome Statute of the International Criminal Court: The Democratic Socialist Republic of Sri Lanka is not a state party to the Rome Statute of the International Criminal Court.

  • Peace Agreements

  • Status of Mission Agreement (SOMA) on the Establishment and Management of the Sri Lanka Monitoring Mission (SLMM). 18 March 2002. [ENG]. [Edition in Progress]

  • Agreement on a Ceasefire between the Government of the Democratic Socialist Republic of Sri Lanka and the Liberation Tigers of Tamil Eelam. 22 February 2002. [ENG]. [Edition in Progress]

  • Indo-Lanka Accord. 29 July 1987. [ENG]. [Edition in Progress]

  • Dudley Senanayake-Chelvanayakam Pact. 24 March 1965. [ENG]. [Edition in Progress]

  • Bandaranaike-Chelvanayakam Pact. 26 July 1957. [ENG]. [Edition in Progress]

  • Resources and Links

  • The Constitution of the Democratic Socialist Republic of Sri Lanka. (As amended up to 15th May 2015). Revised Edition 2015
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link to pdf document]

  • The Constitution of the Democratic Socialist Republic of Sri Lanka. (With amendments up to 2000)
    Commonwealth Legal Information Institute. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Penal Code (consolidated). [Chapter 19].
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link to pdf document]

  • Code Of Criminal Procedure Act, No. 15 of 1979.
    Commonwealth Legal Information Institute. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Evidence Ordinance. [Chapter 14].
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link to pdf document]

  • Sri Lanka Mutual Assistance in Criminal Matters Act, No. 25 of 2002.
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link to pdf document]

  • Gazette.
    Department of Government Printing. [TAM/SIN/ENG]. [Last accessed 03Aug17]. [External Link]

  • Acts.
    Department of Government Printing. [TAM/SIN/ENG]. [Last accessed 03Aug17]. [External Link]

  • Acts 2007-2016 (Official).
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Acts 1956-2006 (Official).
    Lawnet, Ministry of Justice. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Sri Lankan Numbered Acts. (1956-2006).
    Commonwealth Legal Information Institute. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Bills.
    Department of Government Printing. [TAM/SIN/ENG]. [Last accessed 03Aug17]. [External Link]

  • List of International Humanitarian Law Treaties to which Sri Lanka is a State party. [ENG]
    International Committee of the Red Cross. [ENG]. [Last accessed 03Aug17]. [External Link]

    Armed conflict and enforced disappearances:

  • Office on Missing Persons: FAQ.
    Secretariat for Coordinating Reconciliation Mechanisms. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Comprehensive report of the Office of the United Nations High Commissioner for Human Rights on Sri Lanka. (This report contains the principal findings of the comprehensive investigation conducted by the Office of the United Nations High Commissioner for Human Rights into alleged serious violations and abuses of human rights and related crimes during the armed conflict in Sri Lanka)
    A/HRC/30/61. Office of the High Commissioner for Human Rights-OHCHR. 28 September 2015. [ENG]. [Last accessed 03Aug17]. [External Link to doc document.]

  • Report of the Working Group on Enforced or Involuntary Disappearances on its mission to Sri Lanka.
    A/HRC/33/51/Add.2. Office of the High Commissioner for Human Rights-OHCHR. 08 July 2016. [ENG]. [Last accessed 03Aug17]. [External Link to pdf document.]

  • UN Human Rights Reports on Sri Lanka.
    Office of the High Commissioner for Human Rights-OHCHR. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Truth Commission will be set up soon: Harsha.
    DailyMirror, Sri Lanka, 10 April 2017. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Sri Lanka Sent a Technical Team to South Africa to Study TRC Process.
    Sri Lanka Brief. [ENG]. [Last accessed 03Aug17]. [External Link]

  • Sri Lanka: Conflict profile.
    Insight on Conflict. [ENG]. [Last accessed 03Aug17]. [External Link]