Responsibility of States to Protect Human Rights of Civilians in Internal War Situations: A Legal Analysis From a Human Security Perspective

Wasantha Seneviratne


Full Text:



Main objective of this research paper is to examine and evaluate the applicable legal standards governing the responsibility of states to protect their own people affected by the ravages of internal wars from a human security perspective. It will further discuss the responsibility of state to investigate the violations of human rights committed in such war situations and the need to prosecute the alleged offenders to provide redress to the victims of such violations. The violations of human rights will be broadly defined in this research to include both human rights and violations of humanitarian law in the context of non-international armed conflict situations. This paper will draw special attention to the international community’s queries pertains to the alleged violations of human rights and humanitarian law principles against the protection of civilians during the civil war in Sri Lanka.


Chandrahasan, N. (1999). Introduction to International Humanitarian Law, Unpublished Hand Book for Undergraduates, Colombo

James, Stephen. Human Security: Key Drivers, Antecedents and Conceptualization, Centre for Dialogue and Institute for Human Security, La Trobe University, A background paper for the Institute for Human Security Workshop, 8 June 2010, La Trobe University, Australia

Lubell, Noam.” Challenges in applying human rights law to armed conflict”,

International Review of Red Cross, 860

Meron, T. (2000). The Humanization of Humanitarian Law. The American

Journal of International Law, 94( 2)

Peiris, M. at the 15th session of the UN Human Rights Council on 13 September, Accessed on 20.10.2011

Peries, G.L. speech at the 9th IISS Asian Security Summit on 6 June 2010, www. Accessed on 20.10.2011.

Peries, G.L. speech at the 9th IISS Asian Security Summit

Tadjbakhsh, Shahrbanou. Human Security: Concepts and Implications with an Application to Post-Intervention Challenges in Afghanistan, Les Etudes du CERI - n° 117-118 - September 2005

Democratic Republican of the Congo v. Uganda, Judgment of 19 December 2005, ICJ Reports, 2005

Final report of the Lesson Learnt and Reconciliation Commission, 2011

Human Security Now, Final Report,,(accessed on 20.10.2012), (accessed on 23.10.2012)

Legality of the Threat or Use of Nuclear Weapons, Advisory opinion, 8 July 1996, ICJ Reports 1996.

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ, Advisory Opinion, ICJ Reports 2004

Prosecutor v. Dusco Tadic of the ICTY, Case No IT- 94- 1, ICTY.

Report of the Secretary-General’s Panel of Experts on accountability in Sri Lanka, 31 March 2011,

Creative Commons License
Indonesian Journal of International Law is licensed under a Creative Commons Attribution 4.0 International License.