ost of the crimes that fall into the category of international crimes occurred
before the formation of the ICC. The function of the International Criminal Court
itself is as a convergence between the Common Law system and the civil law
criminal justice system, taking examples from four countries, namely the United
States, England, Wales, Germany and Poland (Kuczyńska, 2015).
A permanent international criminal court cannot deal with genocide, crimes
against humanity and war crimes before they occurred in 2002. On the other hand,
there are no international criminal conventions that are comprehensive and can be
applied and accommodated in the national legal systems of States parties(Gilbert,
2006).
Countries experiencing armed conflict tend to look for models to punish the
perpetrators of these crimes. From Bosnia to Burundi, from Argentina to Timor
Leste, millions of people worldwide have been brutally tortured, tortured, abducted.
One of the countries experiencing armed conflict and currently working on post
conflict management in Sri Lanka. The armed conflict in Sri Lanka has been going
on for a long time, starting from 1983 to 2009 between the Sri Lankan Army (SLA)
and the Liberation Tigers of Tamil Eelam (LTTE). The humanitarian situation
deteriorated rapidly following a ceasefire agreement between the Sri Lankan
government and the LTTE, which Norway facilities as a mediator but was cancelled
by the Sri Lankan government in 2008(Sri Lanka: Humanitarian Aid for Victims of
Civil War, 2009). The assistance did not have a significant impact on resolving
ethnic conflicts that occurred in Sri Lanka even though in 2001 the Responsibility
To Protect (R2P) norm was born(Prameswari, 2016).

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Kanun: Jurnal Ilmu Hukum. Fakultas Hukum Universitas Syiah Kuala, Banda Aceh. 23111. ISSN: 0854-5499
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Hybrid Model Prospects For War Crimes:
Non-Party States To The Rome Statute (The Sri Lanka Case)
Arif Rohman
Kanun Jurnal Ilmu Hukum
Vol. 25, No. 2, (August, 2023), pp. 381-397.
Dozens of civilians became victims of the civil war in Sri Lanka; as many as
80,000-100,000 civilians died during the 26-year civil war. Not only that, cases of
persecution and enforced disappearances also occurred during armed conflict. At
least fourteen media workers have been victims of murder since 2006(Sri Lanka
Human Rights: Human Rights Concerns, 2021).
As a result of the armed conflict for 25 years, Sri Lanka has reaped the sub
district of the international community. Even 12 years after the conflict, there has
not been a single bright light regarding retribution for the criminals. Even national
initiatives for accountability and reconciliation have been carried out repeatedly and
have failed. This situation further worsened the victim’s trust in the Sri Lankan
government. Urges also came from UN members to impose possible sanctions for
Sri Lanka, such as asset freezes and travel bans against perpetrators of human rights
violations. Bachelet considered that the person who needed to be responsible for
the conflict in Sri Lanka was the incumbent Army Commander and the secretary of
the defence ministry (Mushtaq, 2021).
However, the Sri Lankan government rejected Bachelet’s report. The reason
for the Sri Lankan government is to prioritize the implementation of UN Human
Rights Council resolutions 30/1 and 40/1. As a result of this reluctance, several
countries worldwide pressed for a settlement to the Sri Lankan crisis, with the
United Kingdom leading the charge. A total of 11 countries gave support, while
China and Pakistan voted against and 14 countries abstained, including India (UN
to Collect Evidence of Alleged Sri Lanka War Crimes, n.d.).
Sri Lanka has carried out reconciliation, accountability and human rights with
the United Nations, namely in 2015 and 2019. Based on resolution 30/1, UNHCR
binds Sri Lanka to establish a judicial mechanism with special counsel to
investigate allegations of human rights violations and violations of international
humanitarian law.
Countries currently have various legal options known as transitional justice,
including truth commissions, which are official panels investigating atrocities and
maintaining official records of past abuses. This method considers being able to
heal social reconciliation. Another way is to seek justice through international
tribunals to protect human rights.
Kanun: Jurnal Ilmu Hukum. Fakultas Hukum Universitas Syiah Kuala, Banda Aceh. 23111. ISSN: 0854-5499
│e-ISSN: 2527-8482. Open access: http://www.jurnal.unsyiah.ac.id/kanun
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