{"id":154833,"date":"2026-02-21T06:34:05","date_gmt":"2026-02-21T13:34:05","guid":{"rendered":"https:\/\/www.lankaweb.com\/news\/items\/?p=154833"},"modified":"2026-02-21T06:34:05","modified_gmt":"2026-02-21T13:34:05","slug":"the-eelam-war-is-civil-war-pt-1a","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2026\/02\/21\/the-eelam-war-is-civil-war-pt-1a\/","title":{"rendered":"THE \u201cEELAM WAR\u201d \u00a0IS\u00a0 CIVIL WAR\u00a0\u00a0 PT 1A"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em>KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n<p><strong>The Eelam wars (1983-2009) &nbsp;between the government of Sri Lanka and <\/strong>the Liberation Tigers of Tamil Eelam (LTTE), arose over the issue of self-determination for Sri Lankan Tamils and the separation of the Northern and Eastern provinces from the rest of the country. <strong>The goal was a separate state.<\/strong><strong><\/strong><\/p>\n\n\n\n<p>&nbsp;The Eelam war was not a guerilla or terrorist war, it was &nbsp;a Civil War. Civil War takes&nbsp; place when&nbsp; a group of citizens take up arms against the government to obtain exclusive control of a part of&nbsp; the land. The fighting takes place inside the state, in the territory which is to be separated from the rest of the state. It is&nbsp; war between&nbsp; the&nbsp; state&nbsp; and a group of&nbsp; citizens&nbsp; who&nbsp; want to secede from the state, taking a slice of territory with them.&nbsp; A civil war is &nbsp;therefore an internal war. A civil war can become &nbsp;a high-intensity conflict &nbsp;&nbsp;if&nbsp; the&nbsp;&nbsp;&nbsp; state army&nbsp; faces&nbsp; a &nbsp;well equipped rebel army. Civil war&nbsp; could&nbsp; be caused by&nbsp; outside forces manipulating a separatist tendency within the&nbsp; targeted territory.<\/p>\n\n\n\n<p>The <a href=\"https:\/\/en.wikipedia.org\/wiki\/Geneva_Conventions\">Geneva Conventions<\/a> do not provide a definition of Civil War. <a>The Final Record of the&nbsp;<\/a><a href=\"https:\/\/www.newworldencyclopedia.org\/entry\/Fourth_Geneva_Convention\">Diplomatic Conference of Geneva of 1949<\/a>&nbsp;(Volume II-B, 121) &nbsp;instead &nbsp;introduced the concept &#8220;Non-international armed conflict&#8221; .&nbsp; &nbsp;&nbsp;Geneva &nbsp;Conference said that for&nbsp; &#8220;Non-international armed conflict&#8221;&nbsp;&nbsp; &nbsp;&nbsp;the party in revolt must be in possession of a part of the national territory. The insurgents&nbsp; must exercise de facto authority there .The insurgents must be&nbsp; belligerent and the legal government&nbsp; must&nbsp; conduct &nbsp;military action&nbsp;&nbsp; against the insurgents.<\/p>\n\n\n\n<p><a><\/a><a href=\"https:\/\/en.wikipedia.org\/wiki\/Geneva_Conventions#Common_Article_3_relating_to_non-international_armed_conflict_(NIAC)\">Common Article 3<\/a>&nbsp;of the 1949&nbsp;<a href=\"https:\/\/en.wikipedia.org\/wiki\/Geneva_Conventions\">Geneva Convention<\/a>&nbsp; also&nbsp;&nbsp; used the term &#8220;Non-international Armed conflict&#8221;&nbsp;&nbsp; instead of Civil War,&nbsp; when speaking of&nbsp; an&nbsp; armed conflict between the state and <a href=\"https:\/\/en.wikipedia.org\/wiki\/Violent_non-state_actor\">non-state&nbsp; groups<\/a>&nbsp; .The term &#8220;non-international armed conflict&#8221;&nbsp; &nbsp;was&nbsp; &nbsp;widely used &nbsp;thereafter to refer to &nbsp;Civil War because&nbsp;&nbsp; it is the term used in&nbsp;<a href=\"https:\/\/en.wikipedia.org\/wiki\/Geneva_Conventions#Common_Article_3_relating_to_non-international_armed_conflict_(NIAC)\">Common Article 3<\/a>&nbsp;.<\/p>\n\n\n\n<p><a href=\"https:\/\/en.wikipedia.org\/wiki\/International_Committee_of_the_Red_Cross\">International Committee of the Red Cross<\/a>, however, &nbsp;recognized \u2018Civil War\u2019 and said that &nbsp;for a civil war to take place, the party that is opposing the government&nbsp; must possess an organized military force, it must have a central authority ,it must be in possession of&nbsp; territory and&nbsp; be waging war from inside it.<\/p>\n\n\n\n<p>&nbsp;Analysts and commentators studying the Eelam War use both&nbsp; Civil War\u201d and &#8220;Non-international armed conflict&#8221;&nbsp;&nbsp; to describe the Eelam War. Legal commentators&nbsp;&nbsp; take the position that&nbsp; the&nbsp; Eelam war is a non \u2013international armed conflict.\u201d &nbsp;The conflict in Sri Lanka is a non \u2013international armed conflict,&nbsp; &nbsp;they&nbsp; said. &nbsp;&nbsp;<\/p>\n\n\n\n<p>Others call it a Civil War. S.I. Keethaponcalan&nbsp; in <em>Post war dilemmas of Sri Lanka<\/em>&nbsp; (2019) said&nbsp; Eelam war is a civil war it is between a sovereign state and a non-state armed group. It was a domestic war.&nbsp;&nbsp;&nbsp; <a href=\"https:\/\/hir.harvard.edu\/author\/nithyani\/\">Nithyani Anandakugan<\/a>&nbsp; titled her essay in &nbsp;&nbsp;<em>Harvard International Review<\/em> . August, 2020 as The Sri Lankan Civil War and Its History Revisited\u201d. &nbsp;<\/p>\n\n\n\n<p>However, some &nbsp;commentators reject the notion that the Eelam War was &nbsp;&nbsp;Civil war. They argue that this was Non-International Armed Conflict&nbsp; certainly ,but not amounting to Civil War .The reason was that&nbsp; the &nbsp;LTTE&nbsp; killed&nbsp; its own kind. LTTE killed many&nbsp; Tamils. Does that qualify for the war&nbsp; &nbsp;to be called civil\u201d, &nbsp;asked one observer. The answer is that &nbsp;&nbsp;LTTE killed in&nbsp; order to gain power and thereafter to&nbsp; retain power. There was no protracted internecine war.<\/p>\n\n\n\n<p>&nbsp;This &nbsp;anti-Civil war &nbsp;attitude is based on the romantic notion that Civil War is between two &nbsp;deeply united&nbsp; factions spontaneously &nbsp;opposing each other. They are thinking of&nbsp; the &nbsp;American Civil War &nbsp;where the pro slavery&nbsp;\u2018<a href=\"https:\/\/en.wikipedia.org\/wiki\/Union_(American_Civil_War)\">Union<\/a><a href=\"https:\/\/en.wikipedia.org\/wiki\/American_Civil_War#cite_note-18\"><\/a><sup> \u2018<\/sup>&nbsp; and the&nbsp; anti slavery \u2018<a href=\"https:\/\/en.wikipedia.org\/wiki\/Confederate_States_of_America\">Confederacy<\/a>&nbsp;\u2018 fought each other, we imagine, in deep unity.<\/p>\n\n\n\n<p><strong>The separatist&nbsp; intention is clearly shown in&nbsp; Tamil politics. Illankai Tamil Arasu Kadchi, established in 1949 ( ITAK)&nbsp; indicated through its name that&nbsp;&nbsp; it was set up for the creation of an independent state. <\/strong>I<strong>Illankai Tamil Arasu Kadchi, means&nbsp;  Lanka Tamil State Party.\u201d The word <\/strong>&nbsp;\u2018Arasu \u2018 can be interpreted as \u2018king,&#8221; &#8220;ruler,&#8221; &#8220;monarch,&#8221; or &#8220;sovereign&#8221;, said the dictionary. The word carries connotations of authority . Kadchi means \u2018party\u2019 . ITAK said that its name in English was \u2018Federal Party\u2019. That was to <strong>&nbsp;hide its separatist&nbsp; strategy. T<\/strong>he Tamil word for federal is K\u016b\u1e6d\u1e6d\u0101\u1e6dci\u201d .<\/p>\n\n\n\n<p>&nbsp;The &nbsp;&nbsp;&nbsp;militant groups&nbsp; formed in the north in the&nbsp; 1970s were also separatist .&nbsp; They&nbsp;&nbsp; all wanted Eelam. The names &nbsp;&nbsp;of the&nbsp; five leading&nbsp; groups were: Eelam People&#8217;s Democratic Party (EPDP).Eelam People&#8217;s Revolutionary Liberation Front (EPRLF),&nbsp;&nbsp;Eelam Revolutionary Organisation of Students (EROS)&nbsp; Liberation Tigers of Tamil Eelam (LTTE)&nbsp; People&#8217;s Liberation Organisation of Tamil Eelam (PLOTE),&nbsp; and Tamil Eelam Liberation Organization (TELO).&nbsp;<\/p>\n\n\n\n<p>However,&nbsp; the Government of <em>&nbsp;<\/em>Sri Lanka&nbsp;&nbsp;&nbsp; did not&nbsp; officially declare the Eelam war as&nbsp; Civil war or&nbsp; Non international Armed Conflict.&nbsp;&nbsp; The&nbsp; Government&nbsp;&nbsp;&nbsp; called&nbsp; the war a \u2018terrorist\u2019 war. Government&nbsp; says there is no ethnic problem but only a terrorist problem, noted Ben Bavinck. <a href=\"#_ftn1\" id=\"_ftnref1\">[1]<\/a><\/p>\n\n\n\n<p>The Military also spoke of the&nbsp; enemy as terrorists.&nbsp; Ours was a war waged against a terrorist outfit by a legitimate government, said &nbsp;Sarath Weerasekera.<a href=\"#_ftn2\" id=\"_ftnref2\">[2]<\/a>&nbsp; The &nbsp;memoirs written by the miliary leaders, such as the memoir by Kamal&nbsp; Gunaratne, &nbsp;&nbsp;always&nbsp; spoke of&nbsp; \u2018terrorists\u2019. The soldiers were also told that they were fighting terrorists, whom they called&nbsp; \u2018terra\u201d.<\/p>\n\n\n\n<p>When the War ended in 2009, President Mahinda Rajapaksa&nbsp; went to Jaffna, spoke in Tamil and&nbsp; said the war was against \u2018Terrorism\u2019 and not the \u2018Tamil people.\u2019&nbsp; In 2019, Sri Lanka\u2018s High Commissioner for UK, said the conflict in Sri Lanka was not with the Tamil community, but against terrorism by the LTTE.<a href=\"#_ftn3\" id=\"_ftnref3\">[3]<\/a>&nbsp;&nbsp;<\/p>\n\n\n\n<p>In 2020, Sri Lanka\u2019s Permanent Representative to the UN,&nbsp; speaking at the Security Council Open Debate on Peace building, said that action by the Sri Lankan security forces during the conflict was against a group designated as a terrorist organization . It&nbsp; was not aimed at any community in the country.<a href=\"#_ftn4\" id=\"_ftnref4\">[4]<\/a><\/p>\n\n\n\n<p>However, Shenali Waduge&nbsp; observed that the UN&nbsp;&nbsp; never officially designated the LTTE as a terrorist organization &nbsp;. UN declared&nbsp; Al Quaida and Taliban terrorist organizations&nbsp; through Resolutions 1267 and 1373,<a href=\"#_ftn5\" id=\"_ftnref5\">[5]<\/a> but not LTTE .<\/p>\n\n\n\n<p>There is no&nbsp; agreed definition of terrorism. &nbsp;Violent and criminal acts planned for a political or ideological purpose are&nbsp; considered &#8216;terrorism&#8217;. &nbsp;&nbsp;&nbsp;Terrorism&nbsp;&nbsp;&nbsp; thrives on the creation of fear&nbsp; and intimidating the public.&nbsp; &nbsp;<\/p>\n\n\n\n<p>The Tamil Separatist Movement did not like the label of \u2018terrorist.\u2019 When&nbsp; Anne Abeysekera visited Jaffna in 1994&nbsp;&nbsp; she was asked,&nbsp; Why&nbsp; does your President say there is no ethnic problem , only a terrorist one. <a href=\"#_ftn6\" id=\"_ftnref6\">[6]<\/a> LTTE also&nbsp; objected. &nbsp;LTTE&nbsp; has said repeatedly that they were not terrorists. LTTE&nbsp; was not interested in &nbsp;merely&nbsp; frightening &nbsp;the public. LTTE never limited itself to hit and run tactics. &nbsp;LTTE\u2018s mission was Eelam, nothing less. &nbsp;They were fighting a separatist war.<\/p>\n\n\n\n<p>&nbsp;LTTE has continued to say this. The European Political Sub division of the LTTE ,&nbsp; based in Denmark, appealed in January 2019 &nbsp;to&nbsp; the European Union&nbsp;&nbsp; asking the EU to lift the proscription of the&nbsp; LTTE as an international terrorist organization.<\/p>\n\n\n\n<p>LTTE stated that&nbsp; it&nbsp; had&nbsp; participated in a legitimate armed conflict with the aim of ensuring the right of the Tamil people to self-determination. They were not a terrorist organization . EU agreed. The way LTTE\u2019s armed forces were organized and their manner of conducting operations, met all the requirements laid down by international law for recognition as \u2018combatants\u2019, said EU, while extending the proscription.<\/p>\n\n\n\n<p>The Eelam war was never&nbsp; a terrorist war.&nbsp;&nbsp; LTTE&nbsp;&nbsp; engaged in regular&nbsp; military warfare using modern weapons. It had a trained army, dressed &nbsp;in uniform. It attacked the state army where ever it could and concentrated on taking&nbsp; territory.&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;Dayan Jayatilleke&nbsp; observed&nbsp; that&nbsp; LTTE was not a terrorist cell, or a branch of an international terrorist network,&nbsp; It was a secessionist army. <a href=\"#_ftn7\" id=\"_ftnref7\">[7]<\/a><\/p>\n\n\n\n<p>In his&nbsp;&nbsp; Heroes Day speech of November 2002, Prabhakaran said If self-determination is denied and the demand for self-rule is rejected, the Tamil people will have no alternative other than to secede and form an independent state.<\/p>\n\n\n\n<p>HL de Silva&nbsp; in&nbsp; his book Sri Lanka a Nation in conflict\u201d , discussed&nbsp; the issue of secession. He stated that&nbsp; two UN&nbsp; declarations, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations\u201d(1970) and &nbsp;\u2018World Conference on Human Rights,\u2019 Vienna, 1993 &nbsp;confirmed&nbsp; that a state whose government represents the whole people, is entitled to the protection of its territorial integrity. Sri Lanka conforms to this and therefore Sri Lanka can resist secession, he said.<\/p>\n\n\n\n<p>H.L. de Silva&nbsp; stated that Sri Lanka could not entertain secession in any form. Sovereignty of the people is inalienable. &nbsp;Any surrender of&nbsp;&nbsp; an inalienable right is an act that is legally null and void. The people of Sri Lanka do not have the freedom to decide on separation.&nbsp; They &nbsp;cannot consider secession either.&nbsp; A sovereign &nbsp;people cannot pass laws&nbsp; affecting sovereignty. &nbsp;&nbsp;<\/p>\n\n\n\n<p>They cannot break up a country through a referendum&nbsp; either, they do not have that right, continued H.L .de Silva.&nbsp;&nbsp; Nor can they do so through Parliament&nbsp; or a Constituent assembly.&nbsp; These two bodies do not have the legal power to tamper with&nbsp;&nbsp; Sovereignty. They&nbsp; cannot support the truncation of a state.<\/p>\n\n\n\n<p>H.L. &nbsp;de Silva &nbsp;stated that the Constitution of Sri Lanka&nbsp; does&nbsp; not permit separatism. &nbsp;&nbsp;The first five articles of the Constitution are basic political values which are not created or conferred by the Constitution. They are pre-existing values which precede and transcend the Constitution. The&nbsp; Constitution does not permit any ethnic group to declare that they no longer owed allegiance to state either ,&nbsp; he said.<\/p>\n\n\n\n<p>The five articles of the Constitution are: 1 Sri Lanka (Ceylon) is a Free, Sovereign, Independent and Democratic Socialist Republic 2 The Republic of Sri Lanka is a Unitary State. 3&nbsp; Sovereignty&nbsp; is&nbsp; in&nbsp; the People and is inalienable. 4<strong> Sovereignty of the People shall be exercised as follows legislative-&nbsp; Parliament,&nbsp; executive &#8211; President ,&nbsp; judicial&nbsp; -courts. <\/strong>5 The territory of the Republic of Sri Lanka shall consist of the 25 administrative districts set out in the First Schedule and&nbsp;&nbsp; its&nbsp;&nbsp;&nbsp; territorial waters.&nbsp; <strong><\/strong><\/p>\n\n\n\n<p>HL de Silva said these matters are declared in the Constitution to enable the Constitution to be under stood as a legal document&nbsp;&nbsp; and to ensure that what follows does not violate these basic principles. And that they are interpreted in the light of these principles. They are eternal , they cannot be disputed and cannot be compromised by understanding reached by negotiators or anybody else. &nbsp;<\/p>\n\n\n\n<p>H.L. de&nbsp; Silva &nbsp;stated that Section 27\/3 of the Constitution says the State shall safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka. Section&nbsp; 157A says (1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.(2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.<\/p>\n\n\n\n<p>Further, the 6<sup>th<\/sup> amendment&nbsp; to the Constitution expressly prohibits&nbsp; a&nbsp; person or political party&nbsp; from promoting&nbsp; a separate state within Sri Lanka . <a href=\"#_ftn8\" id=\"_ftnref8\">[8]<\/a> &nbsp;The 6<sup>th<\/sup> amendment states (1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.<\/p>\n\n\n\n<p>&nbsp;The Penal Code &nbsp;is &nbsp;also very&nbsp; clear on this matter. Whoever wages war against the Republic, shall be punished with death, or imprisonment said&nbsp;&nbsp; Section 114. It &nbsp;is an offense to deprive the People of the Republic of Sri Lanka of their Sovereignty &nbsp;or &nbsp;conspires to overawe by means of criminal force any of the organs of Government said &nbsp;Section 115 . It is&nbsp; an offense&nbsp; to collects men, arms, ammunition, or otherwise prepare to wage war against the Republic ( Section 116), &nbsp;to conceal the existence of a design to wage war against the Republic ( Section 117) or attempt to excite feelings of disaffection to the Government&nbsp; (Section 120).<\/p>\n\n\n\n<p>LTTE&nbsp;&nbsp; was attempting to &nbsp;<a href=\"https:\/\/www.google.com\/search?sca_esv=753f6fb70912fb72&amp;rlz=1C1OZZY_enLK1140LK1140&amp;sxsrf=AE3TifOiNYV-JFYnvsMWkHKGmj_H_JZIHw:1765964991216&amp;q=overthrow&amp;si=AMgyJEu0vuRfTngwPFrZh1qV1iGHskzii3_wvyEY_yno7PerlPhxXTt_wiYKruTfn7XlEbsO1N-PCmOf0AueiJKaO_MU4hcG6gaHPH5cXwFymUG3mxnENkg%3D&amp;expnd=1&amp;sa=X&amp;ved=2ahUKEwjfyvKfrMSRAxVfX2wGHWXTMNcQyecJegQIHxAR&amp;cshid=1765965210297159\">overthrow<\/a>&nbsp;a&nbsp; legitimate&nbsp;&nbsp; government which &nbsp;had a strong presence in the north and east. An&nbsp; attempt to overthrow &nbsp;a government is&nbsp; considered \u2018treason.\u2019 Taking arms against the state&nbsp;&nbsp; is&nbsp; considered \u2018high treason\u2019,&nbsp;&nbsp; a criminal act of the highest order. The demand for the creation of a separate state should&nbsp;&nbsp; be treated as high treason with penal sanctions, said anti-Eelamists. &nbsp;The demand for self determination must also be made a criminal offence. It is intended to lay the foundation for a separate state they said. &nbsp;&nbsp;Tamil Separatist Movement \u2018s&nbsp;&nbsp;&nbsp; declaration&nbsp; that it is also for an undivided Sri Lanka is&nbsp; made&nbsp; to avoid the charge of treason.<\/p>\n\n\n\n<p>This brings us to the&nbsp; matter&nbsp; of Sedition. Any conduct or<strong>&nbsp; <\/strong>speech&nbsp; &nbsp;<a href=\"https:\/\/www.google.com\/search?sca_esv=d6eb6bac57f34326&amp;rlz=1C1OZZY_enLK1140LK1140&amp;sxsrf=ANbL-n4DiNXCg7ml-J5rbmKVDFm13ansjg:1771309120176&amp;q=inciting&amp;si=AL3DRZGqprsEvjmyWiMbyiIKX3gM9xhgoMOrq7nNosUpJdPdZpPtMTnd_b_sQ-UnWXIx3y4yQx0SH3wB8DUaOvNXcNsOXUj8moQMbtzA6LilZubLYgk6HTY%3D&amp;expnd=1&amp;sa=X&amp;ved=2ahUKEwiC05TX8N-SAxXJzDgGHf8nOooQyecJegQILBAQ\">inciting<\/a>&nbsp;people to rebel against the authority of a state&nbsp; is considered sedition. Any&nbsp;&nbsp; party demanding self determination or separation can also&nbsp; be treated as sedition.<\/p>\n\n\n\n<p>Critics wants to know why there is no law against sedition in Sri Lanka. In the west, countries &nbsp;have enacted &nbsp;laws against sedition.&nbsp; &nbsp;The government should pass a Sedition act to charge and prosecute any one supporting separatism, said Rohan Guneratne. <a href=\"#_ftn9\" id=\"_ftnref9\">[9]<\/a> &nbsp;&nbsp;Sri Lanka &nbsp;Parliament must pass legislation spelling out what would constitute sedition.&nbsp;<\/p>\n\n\n\n<p>On May 21, 1976&nbsp; ITAK leader A. &nbsp;Amirthalingam, along with Federal Party MPs &nbsp;V.N.Navaratnam, K.P.Ratnam, K.Thurairatnam &nbsp;were delivering leaflets in Jaffna , regarding a political event, when &nbsp;they were&nbsp; arrested by the Jaffna police on the charge of possessing and distributing seditious literature. Sivasithamparam was released but the others were taken to Colombo &nbsp;to be tried for sedition.<\/p>\n\n\n\n<p>When the case came up on &nbsp;December 10, 1976, Attorney General Siva Pasupati&nbsp; &nbsp;said that&nbsp; the Government will not be proceeding&nbsp; with the case against the four FP leaders relating to the possession and distribution of seditious literature.&nbsp; After retirement, Pasupati moved to Australia and served as a legal advisor for the LTTE .<a href=\"#_ftn10\" id=\"_ftnref10\">[10]<\/a><\/p>\n\n\n\n<p>Separatism has to take into account the provisions of International law. International law does not support separatism. There is no legal right in international law for a sub national group of a sovereign state to&nbsp;&nbsp; achieve unilateral secession by wresting territory from the state, said HL de Silva.In &nbsp;the case of Quebec the law courts ruled that&nbsp;&nbsp;&nbsp; Quebec did not enjoy a right in international law to secede from Canada unilaterally. &nbsp;<\/p>\n\n\n\n<p>But it is possible &nbsp;for the separatist state to obtain recognition if the government concerned does not&nbsp; fight the secessionists successfully, observed HL de Silva. &nbsp;&nbsp;&nbsp;Once a secessionist movement&nbsp; succeeds in defeating the armed forces of a state and is in occupation and control of territory, leaving no room for government to operate inside it,&nbsp;&nbsp; there comes into existence a de facto&nbsp; separate state ,&nbsp; which can then advance to becoming a&nbsp; de jure state, with help of other countries.<\/p>\n\n\n\n<p>&nbsp;UN is extremely reluctant to admit a seceding entity to membership against the wishes of the government of that state. But it can&nbsp; be achieved by a&nbsp; friendly country nominating the new state to the UN General Assembly, said analysts.<\/p>\n\n\n\n<p>Since the &nbsp;first step toward the creation of statehood&nbsp; is &nbsp;&nbsp;control of territory by a rebel group, itis up to the&nbsp; government &nbsp;&nbsp;to make&nbsp; sure that that does not happen. It is up to the state to ensure&nbsp; that secession is not successful,&nbsp; said HL de Silva.&nbsp; Sri Lanka has a long tradition of achievement which would help provide enormous reserves of inner strength and moral courage to withstand Eelam, concluded HL de Silva. <a href=\"#_ftn11\" id=\"_ftnref11\">[11]<\/a><\/p>\n\n\n\n<p>&nbsp;The Eelam wars were defeated by the government of Sri Lanka in May 2009. Nirmala&nbsp; Chandrahasan said that the Tamils must start all over again. I do not think that Tamil nationalism with secessionist aspirations, will die a natural death. Even if the LTTE is destroyed , it is possible that a new guerrilla war could emerge in a few years time. <a href=\"#_ftn12\" id=\"_ftnref12\">[12]<\/a><\/p>\n\n\n\n<p>&nbsp;A.K. Ragavan, a Tamil activist now in UK stated in an interview in 2009&nbsp; , &nbsp;we need to look at this differently. This nationalist framework will only alienate people further. Tamils constitute only&nbsp; 12 % of Sri Lanka&nbsp; population Without the support of the Sinhala progressives Tamils cannot take their struggle forward anymore. <a href=\"#_ftn13\" id=\"_ftnref13\">[13]<\/a><\/p>\n\n\n\n<p>Sebastian Rasalingam said \u2018Eelam program was doomed to failure within the confines of an island dominated by a majority which had always has a historic sense of its own identity, and ancient chronicles to give the needed patriotic cohesions. The Mahavamsa mind set. But the Eelam idea is too big and too potent to be confined to the shores of Sri Lanka. So it may be transferred to Tamilnadu.<a href=\"#_ftn14\" id=\"_ftnref14\">[14]<\/a><\/p>\n\n\n\n<p>&nbsp;Sri Lanka is quite the last place in the world to strive for Eelam&nbsp; or an approximation because the game here is zero-sum due to the uniqueness of the Sinhala situation. Here Tamil globalism meets Sinhala exceptionalism, said Dayan Jayatilleke in 2018.<a href=\"#_ftn15\" id=\"_ftnref15\">[15]<\/a>Sri Lanka is&nbsp; too small an&nbsp; island&nbsp; to have two separate governments, said Kanthar Balanathan in &nbsp;2023. Jaffna has no river or water and 49% of Tamils live outside the North and East. <a href=\"#_ftn16\" id=\"_ftnref16\">[16]<\/a><\/p>\n\n\n\n<p>Tamil diaspora should abandon its separatist ideas said Kumaran Pathmanathan &nbsp;&nbsp;in 2021. I have tried to explain to them that the era led by Prabhakaran and Pottu Amman is no more. It is impossible to formulate another armed struggle in this country. Pursuing such an ideology is a waste of time.<a href=\"#_ftn17\" id=\"_ftnref17\"><strong>[17]<\/strong><\/a> There will never be a separate state in Sri Lanka. Even the most vociferous Tamil politicians in Sri Lanka too have categorically rejected the idea said&nbsp; a Daily News&nbsp; editorial in 2021 .<a href=\"#_ftn18\" id=\"_ftnref18\">[18]<\/a><\/p>\n\n\n\n<p>LTTE was&nbsp;&nbsp;&nbsp; engaging in<strong> <\/strong>&nbsp;civil war in a country with a strong central government , firm&nbsp; sovereign standing and strong historical recall. Sri Lanka, real name Sinhaladvipa, is a recognized sovereign state with clear boundaries, settled population, a seat in the UN and a well documented history. Sri Lanka is the oldest and longest running democracy in Asia, having had universal suffrage thrust on it, while it was still a British crown colony. The first election was held in 1931, l two decades before India. &nbsp;Sri Lanka&nbsp; is considered&nbsp; a resilient&nbsp; country.<\/p>\n\n\n\n<p>In contrast to this, Eelamists argue, without any evidence, that&nbsp; ancient Sri Lanka&nbsp; consisted of&nbsp; two nations, Tamil and Sinhala .They argue that&nbsp;&nbsp; the sovereign state was a modern invention, introduced to Sri Lanka&nbsp; during western rule, &nbsp;due to the Westphalia treaty of 1648. That is incorrect ,&nbsp; also it is a calculated distortion of the&nbsp; well documented history of&nbsp; Sri Lanka .( see note below)<a href=\"#_ftn19\" id=\"_ftnref19\">[19]<\/a><\/p>\n\n\n\n<p>Sri Lanka&nbsp; enjoyed continuous monarchical rule for a long unbroken period ending&nbsp; in 1815. Monarchical&nbsp; states are sovereign states. They pre-date the democratic state, but they are&nbsp; nevertheless, &nbsp;sovereign states. This means Sri Lanka has been a&nbsp;&nbsp; sovereign state for many centuries. &nbsp;The general public are not&nbsp; familiar with the word \u2018sovereignty,\u2019 but they&nbsp; are very proud of&nbsp; \u2018our ancient kings\u2019 and \u2018our ancient history\u2019.&nbsp; &nbsp;&nbsp;They&nbsp;&nbsp; firmly oppose &nbsp;Tamil separatism and&nbsp;&nbsp;&nbsp; declare \u2018rata beddana denna baha\u201d.<\/p>\n\n\n\n<p>International law supports this approach. <a>The&nbsp; sovereignty of a state is a status recognized and protected by international law. It cannot be easily overturned, said experts.<\/a> &nbsp;It&nbsp; cannot be challenged by non-state actors such as LTTE ,said HL de Silva&nbsp; . <a href=\"#_ftn20\" id=\"_ftnref20\">[20]<\/a>&nbsp; &nbsp;A sovereign state has full ,complete and exclusive authority to deal with its own territory and with its own nationals, said Nihal Jayawickrema. <a href=\"#_ftn21\" id=\"_ftnref21\">[21]<\/a><\/p>\n\n\n\n<p>A &nbsp;sovereign state &nbsp;&nbsp;has control over its airspace, and its territorial sea as well as its land. According to UN Resolution 3171(28) December 1973, Sri Lanka holds permanent sovereignty of all its natural resources, whether on land or on sea.<\/p>\n\n\n\n<p>&nbsp;Further, International law places great importance on the \u2018territorial integrity\u2019 of&nbsp; sovereign&nbsp; states \u2018Territorial integrity\u2019&nbsp; is a fundamental principle in international law&nbsp; which&nbsp; means the right of a&nbsp; state to&nbsp; protect its territorial boundaries and control&nbsp; the&nbsp; full territory ,without&nbsp; interference from anybody. &nbsp;( continued)<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><a href=\"#_ftnref1\" id=\"_ftn1\">[1]<\/a> Ben Bavinck Of Tamils and Tigers Pt 1 p&nbsp; 307<\/p>\n\n\n\n<p><a href=\"#_ftnref2\" id=\"_ftn2\">[2]<\/a>&nbsp; <a href=\"https:\/\/www.sundaytimes.lk\/250406\/sunday-times-2\/sanctions-and-sri-lankas-failure-to-address-human-rights-allegations-a-self-inflicted-crisis-a-response-594264.html\">https:\/\/www.sundaytimes.lk\/250406\/sunday-times-2\/sanctions-and-sri-lankas-failure-to-address-human-rights-allegations-a-self-inflicted-crisis-a-response-594264.html<\/a><\/p>\n\n\n\n<p><a href=\"#_ftnref3\" id=\"_ftn3\">[3]<\/a> Island 1.12.19 p 1<\/p>\n\n\n\n<p><a href=\"#_ftnref4\" id=\"_ftn4\">[4]<\/a> Island 15.2.20 p 4&nbsp; .<\/p>\n\n\n\n<p><a href=\"#_ftnref5\" id=\"_ftn5\">[5]<\/a>&nbsp; Shenali Waduge <a href=\"https:\/\/www.lankaweb.com\/news\/items\/2025\/06\/11\/sri-lanka-2009-post-war-to-present-un-precedents-bias-international-injustice\/\">https:\/\/www.lankaweb.com\/news\/items\/2025\/06\/11\/sri-lanka-2009-post-war-to-present-un-precedents-bias-international-injustice\/<\/a><\/p>\n\n\n\n<p><a href=\"#_ftnref6\" id=\"_ftn6\">[6]<\/a>&nbsp; Anne Abayasekara Telling it like it is vol 1 p&nbsp; 51<\/p>\n\n\n\n<p><a href=\"#_ftnref7\" id=\"_ftn7\">[7]<\/a> Dayan Jayatilleke Long war cold peace\u2019&nbsp; rev edition 2014 p 211<\/p>\n\n\n\n<p><a href=\"#_ftnref8\" id=\"_ftn8\">[8]<\/a> HL de Silva. Sri Lanka A nation in conflict. p 41, 73,74,259, 268, 311<\/p>\n\n\n\n<p><a href=\"#_ftnref9\" id=\"_ftn9\">[9]<\/a> Interview with Rohan Gunaratne, Daily News 10.12.13 p 9&nbsp;<\/p>\n\n\n\n<p><a href=\"#_ftnref10\" id=\"_ftn10\">[10]<\/a> <a href=\"https:\/\/sangam.org\/g-g-ponnambalam-1902-1977-his-power-and-plight-as-a-tamil-leader\/\">https:\/\/sangam.org\/g-g-ponnambalam-1902-1977-his-power-and-plight-as-a-tamil-leader\/<\/a><\/p>\n\n\n\n<p><a href=\"#_ftnref11\" id=\"_ftn11\">[11]<\/a> HL de Silva. Sri Lanka A nation in conflict. p 38, 41, 78, 80, 81, 82, 86<\/p>\n\n\n\n<p><a href=\"#_ftnref12\" id=\"_ftn12\">[12]<\/a> Daily News 16.4.09 p 6.<\/p>\n\n\n\n<p><a href=\"#_ftnref13\" id=\"_ftn13\">[13]<\/a> Daily News 16.4.09 p 6.<\/p>\n\n\n\n<p><a href=\"#_ftnref14\" id=\"_ftn14\">[14]<\/a> Sebastian Rasalingam. The twilight of Tigers in Sri Lanka .Island. 5.1.2009 p 11<\/p>\n\n\n\n<p><a href=\"#_ftnref15\" id=\"_ftn15\">[15]<\/a> Dayan J. Island 10.2.18 p 9&nbsp; .<\/p>\n\n\n\n<p><a href=\"#_ftnref16\" id=\"_ftn16\">[16]<\/a>&nbsp; <a href=\"https:\/\/www.lankaweb.com\/news\/items\/2023\/06\/08\/open-letter-to-the-fp-tna-ggp-and-the-terrorist-political-parties\/\">https:\/\/www.lankaweb.com\/news\/items\/2023\/06\/08\/open-letter-to-the-fp-tna-ggp-and-the-terrorist-political-parties\/<\/a><\/p>\n\n\n\n<p><a href=\"#_ftnref17\" id=\"_ftn17\">[17]<\/a> <a href=\"http:\/\/www.slguardian.org\/2021\/06\/sri-lanka-selvarasa-pathmanathan-alias.html\">http:\/\/www.slguardian.org\/2021\/06\/sri-lanka-selvarasa-pathmanathan-alias.html<\/a><\/p>\n\n\n\n<p><a href=\"#_ftnref18\" id=\"_ftn18\">[18]<\/a> Daily News&nbsp; 22.9.21 p 4<\/p>\n\n\n\n<p><a href=\"#_ftnref19\" id=\"_ftn19\">[19]<\/a> The treaty of Westphalia was very significant for Europe&nbsp; because it ended the&nbsp; Holy Roman Empire&nbsp;&nbsp; The Holy Roman empire, headed by Charles V of Spain was described as neither Holy, Roman nor Empire.&nbsp; Europe at the time was a hotch&nbsp; potch of kingdoms, bishoprics, dukedoms&nbsp;&nbsp; all&nbsp; fighting with each other. There was Thirty Years War, 1618\u20131648&nbsp; and&nbsp; Eighty years War (1568\u20131648).These ended with the Treaty of Westphalia&nbsp; of 1648. This treaty created the sovereign states of Europe as we know them today. The&nbsp; modern states of Europe, with settled borders&nbsp; and an agreement&nbsp; to respect these&nbsp; borders and not fight with each other started from this time. Italy and Germany however unified only in 1848. This treaty has no relevance whatsoever to Sri Lanka .But Westphalia is used in Sri Lanka by Eelamists&nbsp; to argue that the present day sovereign state of Sri Lanka is&nbsp; a recent creation &nbsp;by western rulers,<\/p>\n\n\n\n<p><a href=\"#_ftnref20\" id=\"_ftn20\">[20]<\/a> HL de Silva. Sri Lanka a Nation in conflict. p&nbsp; 247<\/p>\n\n\n\n<p><a href=\"#_ftnref21\" id=\"_ftn21\">[21]<\/a> Nihal Jayawickrema. The myth of state sovereignty. Sunday Island .28.3.2010 p 10 .<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>KAMALIKA PIERIS The Eelam wars (1983-2009) &nbsp;between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE), arose over the issue of self-determination for Sri Lankan Tamils and the separation of the Northern and Eastern provinces from the rest of the country. The goal was a separate state. &nbsp;The Eelam war was [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-154833","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/154833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=154833"}],"version-history":[{"count":1,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/154833\/revisions"}],"predecessor-version":[{"id":154834,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/154833\/revisions\/154834"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=154833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=154833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=154833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}