Rooted in Sri Lankas Own Soil: Finding Our Very Own Path to Transitional Justice

Abstract

This paper will look at the notion of Transitional Justice. It will attempt to find out if Transitional Justice can be classified as a Human Right. It will explore ways and means of how Transitional Justice could be realized in Post War Sri Lanka. It will consider the suitability of the Four Pillars namely Criminal Justice, Truth Seeking, Reparation and Institutional Reform. Also, the application of the Joinet Principles namely restitution, compensation, rehabilitation, satisfaction and guarantee of non-repetition will be explored with regard to Sri Lanka. The experience of other countries is to be studied and shared through the medium of the research. Examples of South Africa, Nepal, Columbia, Peru, Germany, Rwanda, Sierra Leonne and other Jurisdictions will be looked at. Namely, Truth-telling Commissions, Criminal Justice in the form of Prosecutions, Victims' Rights and Reparation. The current trends in Transitional Justice will be explored. The role of Civil Society in promoting Transitional Justice will be discussed. Afghanistan and Congo will be taken as case studies. The paper will also probe into whether true democratization could be achieved without trials. In this regard the methods employed in Uruguay and Argentina will be studied and discussed. Finally, the road to Sustainable Peace will be mapped out with the promotion of democratic ideals: Truth, Dignity and Justice.