Collective Genocidal Intent in Sri Lanka

Abstract: The end of the Sri Lankan war was marked by a devastating loss of life, with hundreds of thousands of casualties. Amidst this tragedy, victims have claimed that the crimes committed against them constitute genocide, specifically targeting the Eelam Tamils solely because of their ethnic identity. However, denialists argue that there is insufficient evidence to support the presence of genocidal intent or the existence of plans and policies that corroborate such intent. These arguments stem from a traditional understanding of genocidal intent, which requires direct proof of specific intent within the minds of the perpetrators. In contrast, Sangkul Kim's theory of collective genocidal intent presents a different perspective. According to Kim, genocidal intent consists of two layers: collective and individual genocidal intent. The collective genocidal intent is defined as an objective legal standard that can be inferred from a "manifest pattern of conduct" and the "reason for targeting a group," both of which are objective elements of genocidal intent. This thesis argues that both elements of collective genocidal intent can be established in the case of the Eelam Tamils in Sri Lanka. The presence of a manifest pattern of conduct, characterized by non-random, repetitive and systematic attacks on the Eelam Tamil population, supports the inference of collective genocidal intent. Additionally, the targeting of the Eelam Tamils based solely on their group identity provides further evidence of genocidal intent. The evidence of which comes from the historical and political context of the treatment of Eelam Tamils in Sri Lanka. By adopting Kim's theory and applying it to the Sri Lankan context, this thesis seeks to challenge the traditional understanding of genocidal intent and provide a compelling legal argument for inferring genocidal intent in the case of the Eelam Tamils. The fulfilment of both objective elements of genocidal intent supports the victims' claims and sheds light on the broader implications for understanding and addressing genocide in Sri Lanka.