To Prosecute or Not to Prosecute: The Need for Justice in Post-Conflict Sri Lanka

Abstract

This paper analyses the challenges and imperatives of transitional justice in the post-conflict context in Sri Lanka, with the imperative of balancing accountability and reconciliation in the aftermath of three decades of civil war. Mechanisms of transitional justice that recognize wartime atrocities, facilitate societal healing, and foster trust between citizens and institutions are utilized. The paper draws heavily from global frameworks and comparative lessons learned from post-conflict transitional administrations such as those in Rwanda and Sierra Leone to make the hybrid model combining judicial accountability through mechanisms tailored to the appropriate political and social context of Sri Lanka the most appropriate. Results will indicate prosecution as one method of ending impunity, holding high-ranking perpetrators accountable and preventing future offenses; integrating truth commissions with reparations programs to make reconciliation work; and using inclusive, transparent processes that can be deemed legitimate and efficient. There is a grave finding about deep-seated ethnic narratives that polarize the majority Sinhalese population from the minority Tamils that calls for a reconciliation effort that is not culturally blind but culturally sensitive as well. This study concludes that a nuanced and inclusive approach, based on accountability and reconciliation, is the indispensable ingredient for healing deep wounds of the nation towards a peaceful future.