[NEW UPDATE, July 05, 2025] Policy Brief: Chemmani Mass Graves and Justice for Eelam Tamils

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Policy Brief: Chemmani Mass Graves and Justice for Eelam Tamils

By: Wimal Navaratnam, Human Rights Activist

Background: Chemmani Mass Graves in Jaffna 

Chemmani is a village on Jaffna’s outskirts that became synonymous with mass graves of Tamil civilians from Sri Lanka’s civil war. The issue first came to light in 1998 during the trial of several Sri Lankan soldiers for the rape and murder of 18-year-old Krishanthi Kumaraswamy and her family. Krishanthi had been stopped at a military checkpoint in Jaffna in September 1996 and later found murdered along with her mother, brother (16), and a neighbor – their bodies hastily buried in shallow graves at Chemmani. During sentencing in July 1998, Lance Corporal Somaratne Rajapakse, one of the convicted soldiers, made a shocking disclosure: beyond the Kumaraswamy family, “300 to 400” more Tamil civilians who disappeared during the 1995–96 military campaign in Jaffna were executed and buried in Chemmani. This testimony marked the first public confirmation of mass graves in Chemmani by a security force member, corroborating years of Tamil families’ suspicions. Human rights groups had earlier gathered evidence that hundreds of people disappeared in Jaffna during that period, with bodies likely dumped in “lavatory pits, disused wells and shallow graves”. Rajapakse’s revelation finally gave a concrete location – Chemmani – to these allegations.

Under mounting international pressure, court-monitored excavations began in mid-1999. Investigators, observed by international forensic experts and Amnesty International, uncovered 15 skeletons from shallow graves identified by Rajapakse and his co-accused. Among the remains, some were found blindfolded or with hands bound, clear evidence of execution-style killings. Two bodies were later identified as young men who had been arrested by the army and “disappeared” in Jaffna in mid-1996. These findings led to arrest warrants for seven military personnel in 2000. However, justice stalled: the investigation languished under bureaucratic delays and was never completed. By 2006, the case remained “pending,” with no prosecutions beyond the original Krishanthi murder convicts. In fact, after a change of government in 2005, the Chemmani inquiry effectively disappeared; evidence files sat idle in the Attorney General’s department. The Chemmani graves faded from official narrative, becoming a painful unresolved chapter for Tamil families.

Renewed attention finally came two decades later. In 2025, construction workers near the Chemmani–Sindhupaththi Hindu cemetery uncovered human remains by chance, triggering a court-ordered excavation. As of June 2025, over 30 skeletons have been exhumed – including the remains of at least three infants – confirming longstanding fears that women and children were among the victims. The Jaffna Magistrate’s Court officially declared the site a mass grave and expanded the investigation. These discoveries have not only reopened old wounds for the Tamil community but also underscored the urgent need for accountability and justice that has been denied for so long.

 Timeline of Killings and Key Events (1995–2025) 

- Late 1995 – Operation Riviresa: Sri Lankan government forces launch a major offensive and capture Jaffna peninsula from the LTTE. The military establishes heavy occupation over the predominately Tamil region. Civilians remaining in Jaffna come under army control amid the transition from rebel administration to government rule. 

- 1996 – In the months following Jaffna’s capture, reports of mass disappearances surge. Amnesty International documented up to 600 “disappearances” in Jaffna in 1996 alone. The army conducts aggressive cordon-and-search operations targeting young Tamil men and women as suspected LTTE members (see next section). Hundreds detained by security forces never return. 

  - 7 Sep 1996: Krishanthi Kumaraswamy (18) is raped and killed at an army checkpoint in Kaithady, Jaffna. When her mother (59), brother (16), and neighbor (35) go to the Chemmani army camp searching for her, they too are abducted and murdered. Their graves are later found at Chemmani. The brazen brutality of this case galvanizes public outrage. 

  - 19 Aug 1996: Two Tamil civilians (young garage workers) are arrested by soldiers and subsequently “disappeared.” Their skeletons, with blindfolds and hands tied, are among those exhumed at Chemmani in 1999. This indicates mid-1996 as a peak period of extrajudicial executions in the area. 

- July 1998 – In Colombo, five soldiers (including Rajapakse) are convicted and sentenced to death for the Krishanthi Kumaraswamy murders. During sentencing, Rajapakse testifies that hundreds of missing Tamils from 1995–96 were killed and buried at Chemmani. He offers to show authorities up to “10 places” where bodies are buried, implicating about 20 of his fellow security personnel in the secret killings. This extraordinary revelation makes global headlines, prompting calls for an investigation. 

- Late 1998 – Sri Lanka’s Human Rights Commission urges the government to secure the Chemmani sites, and the Defense Ministry orders an inquiry. Amnesty International presses for an impartial exhumation with international experts to ensure evidence is properly collected and preserved. Local journalists from Yukthiya, a Sinhala weekly, publish an exposé mapping the alleged grave locations and highlighting that senior officers must have been aware of the killings. 

- Feb–Sept 1999 – Excavations at Chemmani: With court approval and international observers, investigators begin digging at sites pointed out by Rajapakse and others. By September, 14 skeletons have been unearthed (eventually 15 by the end of 1999). Personal items recovered (jewelry, clothing) are exhibited for families; some are identified as belonging to missing persons abducted by the army. For instance, relatives recognized a nose stud and garment of Ms. Sumathy Sockalingam, who had been taken from her home by soldiers. These finds substantiate the Chemmani mass grave allegations. 

  - Dec 1999 – A government forensic report confirms evidence of assault and murder on 10 of the bodies (one skeleton was even found bound and blindfolded). 

  - March 2000 – Warrants are issued to arrest 7 military personnel linked to the Chemmani graves. However, they are soon released on bail, and no indictments move forward. 

- 2001–2006 – The investigation stalls. By 2004, the U.S. State Department notes the case is still “pending” with no progress. Police await the Attorney General’s instructions which never come. In January 2006, even a Colombo magistrate calls the delays “unacceptable”. No further excavations occur at Chemmani. The issue is quietly sidelined amid the country’s return to all-out war in the mid-2000s. 

- 2005–2009 – Sri Lanka’s civil war escalates to its bloody finale. New waves of Tamil civilian disappearances and mass killings occur in the north and east. The Chemmani case files are effectively shelved when President Mahinda Rajapaksa (in office 2005–2014) takes power. There are allegations that evidence of wartime atrocities is systematically destroyed during this period (including bulldozing of other mass grave sites), further entrenching impunity. 

- 2015 – A UN investigation (OISL) confirms widespread war crimes during the conflict and calls for accountability, but Sri Lanka’s domestic efforts remain piecemeal. Chemmani is largely ignored in official reconciliation mechanisms, despite being an early test case of wartime accountability. 

- Feb 2025 – Accidental Discovery: Workers clearing land at Chemmani’s Hindu cremation ground (Sindhupaththi area) uncover human bones on 13–20 February 2025. Construction is halted and local authorities inform the police. This rekindles fear among Jaffna residents, recalling the unresolved mass graves of the 1990s. Families of the disappeared immediately demand proper exhumation rather than silence. 

- May–June 2025 – Court-sanctioned excavations resume at Chemmani, the first such effort in 26 years. A forensic archaeology team led by Prof. Raj Somadeva begins systematically exhuming remains under judicial supervision. By June 7, 19 skeletons (including 3 children) are unearthed. By June 29, the count rises to 33 human remains recovered (22 fully exhumed), and continues to climb as digging progresses in phases. Crucially, personal belongings are found with the bodies – such as a blue schoolbag with English alphabet print, toys, and a child’s sandal – indicating some victims were very young. Forensic analysis confirms at least three infants among the dead. The discovery of a child’s skeleton entwined with a schoolbag is a stark reminder of the indiscriminate nature of the killings. 

- June 25, 2025 – UN High Commissioner for Human Rights Volker Türk visits the Chemmani excavation site as part of an official Sri Lanka trip. He meets families of the disappeared and witnesses the ongoing exhumations. Türk calls the scene “very emotional and haunting,” urging independent, rigorous forensic investigations to uncover truth and bring closure to families. His visit coincides with a three-day “Unextinguished Flame” vigil by Tamil families at Chemmani junction, where relatives of the missing light a symbolic flame and plead for answers after decades of silence. 

- July 2025 – Excavations in Chemmani’s second phase continue. By early July, around 40 skeletons have been identified in total, with some graves containing commingled remains of multiple victims. Archaeologists using satellite imagery and drone aerial photos have pinpointed at least one additional suspected burial site adjacent to the current dig. The courts have been urged to expand excavation to these areas. Evidence collection (soil samples, artefacts) is underway, albeit hindered by limited funding (only a fraction of the allocated Rs. 12 million has been disbursed). The Sri Lankan Office on Missing Persons (OMP) participates only as an observer, reflecting continued ambivalence from state institutions. Tamil civil society and human rights groups intensify calls for international oversight of the process, fearing that without it the investigation could be derailed or “covered up” as happened with previous mass graves.

Chain of Command and Accountability 

Responsibility for the Chemmani killings does not lie with rogue soldiers alone – it extends up the chain of command of Sri Lanka’s security forces in Jaffna. The disappearances and extrajudicial executions occurred under a clear military hierarchy during the 1995–1996 operations. Identifying this chain is crucial for accountability:

 Role (1995–1996)                   

 Officer(s) In Command                                               

 President & Commander-in-Chief (MoD)   

 Chandrika Bandaranaike Kumaratunga – Head of state and Minister of Defence. All military operations were ultimately under her authority as Commander-in-Chief.

 Deputy Minister of Defence             

 Gen. Anuruddha Ratwatte – Second-in-command at MoD, involved in operational decisions.

 Army Commander (Overall)               

 Gen. Rohan Daluwatte – Sri Lanka Army Commander (General Officer Commanding) in 1995–96, directing the war effort including Jaffna offensive.

 Northern Sector Commander (Vavuniya HQ)

 Brig. Lionel Balagalle Jayawardhana – Commanded northern region from Vavuniya headquarters. Coordinated Jaffna operations with field commanders. (Balagalle later rose to Army Chief; illustrates how those involved ascended rather than answered for crimes.)

 Jaffna Peninsula Commander             

 Brig. Sri Lal Weerasooriya – Highest field commander in Jaffna after its capture. He oversaw security of the peninsula. Notably, Weerasooriya was later promoted Army Commander in 1998, despite allegations from Chemmani.

 Sector Commander (Chemmani/Ariyalai)   

 Brig. Janaka Perera – Commander of the sector covering Chemmani checkpoint and Ariyalai area. Chemmani was “under the command of Brig. Janaka Perera” during the relevant period. Another officer, Brig. Karunatileke, commanded an adjacent sector in Jaffna. It is inconceivable that 300+ civilians could be killed and buried in Janaka’s sector without his knowledge or tacit approval.

 Local Checkpoint/Camp Officers        

 Captain Lalith Hewa, Lt. Wijesiriwardene, and 2nd Lt. Shashindra Thudugala – These junior officers were identified as directly in charge of the Chemmani area checkpoints and Ariyalai camp operations. Rajapakse testified that Capt. Hewa, Lt. Wijesiriwardene, and Lt. Thudugala “ordered” arrests, torture, and executions of Tamil detainees. Lt. Thudugala was explicitly named as the officer commanding the Chemmani checkpoint where many victims passed through.

 Frontline Perpetrators                

 Lance Cpl. Somaratne Rajapakse (and a team of unnamed soldiers) – Low-ranking soldiers who carried out abductions, killings, and secret burials. Rajapakse himself admitted “I only buried bodies” on orders. He and five others were convicted for the Krishanthi murders, but none of their superiors were held accountable.

Accountability Gap:

Despite credible evidence that senior officers sanctioned or at least tolerated these crimes, no commanding officer was ever prosecuted. As pointed out in the 1998 Yukthiya investigation, “there is absolutely no way that so many civilians could have been killed and buried without the knowledge of these officers”. Yet, the government limited prosecutions to a handful of low-level soldiers. Brigadiers who ran Jaffna sector operations – Janaka Perera and Karunatileke – were not even questioned. In fact, many in the chain of command were rewarded: Weerasooriya became Army Commander, Janaka Perera went on to diplomatic postings, etc., reflecting a culture of impunity for high-ranking officials. This failure to hold superiors accountable contravenes the doctrine of command responsibility under international humanitarian law, which obliges commanders to prevent and punish war crimes by subordinates. Any meaningful justice mechanism must therefore investigate this full chain of command, rather than scapegoating foot soldiers.

Military Operations and Atrocities in Chemmani (1995–1996) 

The Chemmani mass graves are a direct result of how the Sri Lankan military conducted its counter-insurgency in Jaffna after capturing the area. Key military activities and patterns of abuse during the suspected time of killings (late 1995–1996) include:

Operation Riviresa and Aftermath:

The army’s invasion of Jaffna (Oct–Dec 1995) drove out the LTTE, but in the process, a large occupying force was installed in a hostile environment. Once conventional battles ended, the military turned to “pacification” operations to root out remaining LTTE fighters and sympathizers. Jaffna was partitioned into sectors with checkpoints controlling movement. Chemmani checkpoint, on the A9 road near Navatkuli bridge, became a critical point for screening civilians entering town. The area had virtually no civilian buildings aside from the checkpoints, making it an ideal secluded spot for illicit burials.

Cordon-and-Search Sweeps:

The army conducted systematic round-ups of Tamil civilians in villages like Ariyalai (near Chemmani) based on intelligence or suspicion. Somaratne Rajapakse’s 1999 sworn statement detailed the method: he and others compiled lists of local residents, and informants (“spotters”) were brought in to identify alleged LTTE members during neighborhood searches. Those pointed out as “Tiger suspects” – often young Tamil men – were separated from others, photographed, and taken into custody. Rajapakse notes “about 50 people” were thus identified in one operation. These suspects were seldom formally charged; instead, many vanished into military detention.

- Secret Detention Camps:

Detainees were held in army camps and makeshift holding sites. Rajapakse references an Ariyalai camp (with a building known as the “Jaya building”) and a local school repurposed as detention centers. Within these camps, interrogations under torture were routine. One facility had a building “used to torture people” to extract information or confessions. Captives were often bound, beaten, and abused. For example, Rajapakse recounted seeing a prisoner, Mr. Selvaratnam, tied up and pleading his innocence; despite Rajapakse’s attempt to intervene, Selvaratnam was killed that night and the next day “10 more dead bodies” appeared at the camp. Another detainee, Udaya Kumara, was found hanging by his feet and slashed with blades; even after an order came through to release him, he was too brutally injured to survive and was killed as well. These anecdotal examples illustrate a pattern of extrajudicial executions of detainees, typically at night and off-record.

Rape and Sexual Violence:

Tamil civilians, regardless of gender, faced terror. Soldiers preyed on women during these operations. Rajapakse described one incident where Capt. Lalith Hewa had a Tamil couple in custody – the woman was raped, then Hewa bludgeoned both wife and husband to death with a shovel (mammoty). He attempted to bury their bodies on-site but later moved them to Chemmani for burial. The Krishanthi Kumaraswamy case itself involved gang-rape at a checkpoint. These atrocities indicate that sexual violence was part of the repertoire of abuse, and perpetrators acted with impunity.

Disposal of Bodies at Chemmani:

The Chemmani checkpoint and surrounding fields were used as a killing field and burial ground under orders from superiors. According to contemporary reports from 1998, after Operation Riviresa, security personnel manning Chemmani checkpoint regularly received corpses with “specific orders to bury them”. Sometimes living prisoners were also handed over to be quietly executed and buried. This implies a centralized decision to use Chemmani as a clandestine grave site for those who were killed in custody. Soldiers at the site acted confident that “their senior officers would not react” – essentially assured of cover-ups. This chain-of-command instruction allowed ordinary checkpoints to be turned into execution sites, reflecting an officially sanctioned policy of extrajudicial elimination of suspected LTTE sympathizers.

High-Value Victims and Cover-Up:

Many who disappeared were not hardcore fighters but civilians caught in dragnets or even local government employees. For instance, Rajapakse mentions the arrest of a “government servant” (civil official) named Selvaratnam who was nonetheless tortured and killed. The climate of impunity was such that even after international attention on Krishanthi’s case, the killings continued (the Chemmani graves include victims taken in late 1996). The military made little distinction between combatants and civilians. Children were not spared – the 2025 excavation unearthed children’s remains and artifacts, corroborating witness claims that entire families (including infants) were murdered in some instances. This suggests these graves contain victims of reprisal or “collective punishment” massacres. The fact that soldiers took care to bury bodies (rather than leaving them) shows an intent to hide evidence, indicating awareness that these acts were unlawful even by domestic standards.

In summary, during 1996 the Chemmani area was under a reign of military terror. Occupying troops carried out systematic abductions, torture, rape, and summary executions of Tamils under the pretext of counter-insurgency. The orders came from above to “dispose” of bodies discreetly, and Chemmani’s remote marshy paddy fields became a dumping ground for the victims. These specific military activities – a coordinated campaign of enforced disappearances – meet the definition of crimes against humanity (particularly murder, enforced disappearance, torture, and rape committed as part of a widespread or systematic attack on a civilian population). The meticulous cover-up (using shallow graves, intimidation of witnesses, etc.) further underscores the organised nature of the atrocity.

Renewed Investigations (2025) and Forensic Evidence 

After decades of inaction, the events of 2025 at Chemmani have provided new momentum – and new evidence – for truth and justice:

Uncovering of Graves:

The fresh excavations initiated in May 2025 have systematically laid bare the extent of the mass graves. By late June, at least 33 sets of human remains had been identified, among them women and children. Personal belongings found intermingled with skeletons – such as clothing fragments, bangles, and the poignant discovery of a child’s blue school bag with alphabet letters – humanize the victims and help date the burials. For example, the blue cloth schoolbag appears to be one that NGOs distributed to children in the 1990s, indicating a wartime context. Forensic teams also recovered a small toy and a tiny shoe near an infant’s skeleton, confirming at least one victim was a toddler. These findings give material proof to long-held allegations that entire families and children were among those executed, not just fighting-age males.

Forensic Analysis:

Under court order, Judicial Medical Officers and forensic archaeologists are carefully exhuming and analyzing the remains. Where possible, they are using identifiers like clothing, jewelry, and context to assist identification of the victims and time of death. The presence of blindfolds or bindings on some skeletons (as seen in 1999 and possibly again in 2025 finds) would indicate execution method. Some artefacts like cellophane wrappers with printed dates or other datable items may help narrow down when these people were buried. If needed, advanced techniques like radiocarbon dating will be employed on bones to estimate the age of the graves. Early indications, however, strongly suggest these skeletons date to the mid-late 1990s and correspond to the timeframe of the Sri Lankan Army’s Jaffna occupation, aligning with witness testimony.

Use of Technology (Satellite & Drone Imaging):

Modern technology is being leveraged to guide the investigation. The lead archaeologist Prof. Somadeva has used satellite images and drone photography to identify soil disturbances and terrain depressions within the Chemmani cemetery area. By overlaying high-resolution imagery, the team pinpointed a “second probable burial site” adjacent to the current excavation pit. This scientific approach increases the chances of finding all grave clusters. Satellite evidence can show signs of past digging or altered earth that might not be visible at ground level. Thanks to this, the excavation team has marked out additional spots now cleared for future digging. The integration of such technology demonstrates a more thorough approach than in 1999, when only the spots directly shown by informants were dug. It also underscores the possibility that more graves remain undiscovered in Chemmani and potentially elsewhere in Jaffna.

International Oversight and Transparency:

Unlike the 1999 effort which fizzled out, the 2025 excavation has renewed international attention and demands for transparency. International observers (including Amnesty International’s South Asia team) have lauded the exhumation as an “important step” but stress it must meet international standards for investigating extrajudicial executions. They insist on continuous monitoring to ensure evidence isn’t tampered with and that families are kept informed. Indeed, relatives of the disappeared and local civil society are deeply involved – family members are even helping guard the site alongside police to prevent interference. Tamil legal representatives like attorney Ranitha Gnanarajah (who represents over 600 families from Jaffna with missing loved ones) are present to ensure victims’ interests are represented. This community vigilance is in response to past experiences where excavations (e.g., a large 2018 mass grave in Mannar with 300+ bodies) ended without answers, fueling suspicions of official stonewalling. In Mannar’s case, years passed without proper testing of remains and the lead archaeologist wasn’t even paid or funded to complete analysis. To avoid a repeat, Chemmani’s process is being watched closely by both local activists and the UN.

Volker Türk’s Engagement:

The personal visit by the UN Human Rights High Commissioner in June 2025 provided a measure of international legitimacy and pressure. Türk’s statements on-site – “robust investigations by independent experts” are needed to “bring out the truth” – reinforce the call for Sri Lanka to allow external forensic expertise and not sweep this under the rug. He highlighted that many families have waited 15+ years since the war’s end with no information on their missing kin. Tellingly, he met mothers like one whose son disappeared in 2008 and who, like hundreds of others, still protest daily for answers. The High Commissioner’s involvement signals to the Sri Lankan government that the world is watching and expects action – not another cover-up.

Legal Proceedings:

In tandem, Tamil attorneys filed motions in Jaffna courts to formally declare Chemmani a mass grave site under Sri Lankan law. This legal designation, which the Magistrate granted, helps protect the site (it cannot be disturbed without court approval) and may open avenues for future judicial inquiries. There are also renewed calls to reopen the stalled Chemmani case from 1999–2000, armed with the new evidence unearthed. However, any Sri Lankan prosecution would face the same structural challenges as before – hence the growing demand for an impartial international mechanism (discussed below).

In summary, the 2025 excavations have provided heartbreaking confirmation of the atrocities (with infant bones and personal effects underscoring civilian victimhood) and have created a new evidentiary record. This time, there is stronger involvement from international actors and Tamil stakeholders to ensure the truth is fully uncovered. However, the process is ongoing, and how the evidence translates into accountability remains the critical question.

International Law, Justice, and Tamil Self-Determination 

The Chemmani mass graves epitomize the broader crisis of accountability and minority rights in Sri Lanka. Addressing these atrocities meaningfully requires situating them within international legal frameworks and acknowledging the Eelam Tamil people’s right to justice and self-determination:

War Crimes and Crimes Against Humanity:

The intentional killing of detained civilians and the systematic cover-up in Chemmani constitute serious violations of international humanitarian law (IHL) and international human rights law. Under IHL, murder of persons not taking active part in hostilities (including those in custody) is a grave breach, and when widespread or systematic against a civilian population, it rises to the level of crimes against humanity. In Sri Lanka’s case, the patterns of enforced disappearance, torture, and extrajudicial killings of Tamils, especially in the 1990s and 2000s, have been well-documented. Acts like those at Chemmani were not isolated – they reflect a systematic campaign against Tamil civilians, which many Tamils and human rights experts argue amounts to genocide. Indeed, Tamil advocacy groups note that the Sri Lankan state’s actions – from mass killings to the destruction of Tamil cultural sites – were intended to destroy the Tamil group in whole or part. International legal opinion on defining it as genocide varies, but there is consensus that at least crimes against humanity and war crimes occurred. Despite this, successive Sri Lankan governments have provided almost total impunity for these crimes. Perpetrators of mass atrocities “continue to walk free, while survivors live with trauma”. This impunity defies Sri Lanka’s obligations under international law to investigate and punish gross human rights violations.

Failure of Domestic Accountability:

The Chemmani case is a microcosm of Sri Lanka’s broader failure to deliver justice through its own institutions. Even when evidence was available (15 bodies exhumed, names of suspects), the Sri Lankan justice system stalled and obstructed progress to protect the military’s image. As noted, once political will faded, investigations were buried. Sri Lanka’s own Office on Missing Persons, set up in 2017, has been largely ineffectual and viewed with skepticism by Tamil families – over 21,000 disappearance complaints are filed, yet not a single case has been resolved to satisfaction. Tamil survivors express profound distrust of domestic mechanisms, saying the government “will try to whitewash these crimes”. The sentiment is that asking the Sri Lankan state (which many Tamils view as the perpetrator) to investigate itself is futile – “If you ask the killers to give you justice, will they?” as one victims’ relative put it. This enduring impunity has real costs: as of 2023, at least 384 elderly parents of missing Tamils have died without ever learning the fate of their children. Each year that passes makes truth and justice harder to attain, reinforcing the urgent need for international intervention.

The Right to International Intervention:

Given Sri Lanka’s record of impunity, the principle of complementarity under international criminal law suggests that if domestic authorities are unwilling or unable to prosecute, the international community must step in. Tamil civil society and diaspora organizations have increasingly pursued avenues like universal jurisdiction cases and advocacy for an International Criminal Court referral. The Tamil Rights Group, for instance, has been gathering evidence to submit to the ICC and ICJ, citing the mass atrocities and even ongoing destruction of evidence by the state (such as bulldozing mass graves). Although Sri Lanka is not party to the ICC, creative strategies (or a UN Security Council referral) could be considered to bring perpetrators before an international tribunal. Short of that, a special ad hoc international tribunal or a hybrid court with significant international judges and prosecutors could be options – but Sri Lanka has so far resisted these measures. Nevertheless, mounting global recognition of Sri Lanka’s failure (including at the UN Human Rights Council) has kept alive calls for an independent international accountability mechanism. Without international legal pressure, justice for Chemmani and countless other crimes will likely remain elusive.

Eelam Tamils as a People with Rights:

The plight of Chemmani’s victims is intertwined with the political status of the Tamil people in Sri Lanka. The Tamils of the North-East (often called Eelam Tamils) consider themselves a distinct nation with a right to self-determination. Under international law, notably the UN Charter and common Article 1 of the ICCPR and ICESCR, “All peoples have the right of self-determination” – they may “freely determine their political status and freely pursue their economic, social and cultural development.”. Tamils point out that they fulfill the criteria of a “people”: a distinct language, religion(s), culture, historical kingdom, and a defined homeland in the island’s north-east. They democratically asserted this right in the 1977 vote (where Tamil parties won a mandate for establishing an independent Tamil Eelam). However, the Sri Lankan state’s response was to entrench a unitary Sinhala-Buddhist state, denying meaningful autonomy. Decades of peaceful protests for federalism (1950s–70s) were met with military repression, which eventually led to armed conflict. The civil war’s roots lie in this denied self-determination, and the atrocities like Chemmani are seen by many Tamils as a consequence of structural ethnocratic oppression – essentially, an occupation of their homeland. This context is vital: seeking justice solely within the framework of the Sri Lankan unitary state has repeatedly failed Tamils. It also underscores why many Tamils believe only through exercising their right to self-determination – deciding their political future, whether via federal autonomy or independence – can they ensure such atrocities never happen again.

Justice as a Component of Self-Determination:

For Eelam Tamils, justice for war crimes and the quest for self-determination are linked. True reconciliation in Sri Lanka requires not just punishing past abuses but also a political solution that guarantees non-recurrence. The Tamil struggle is not only for accountability but for the right to govern themselves in their traditional areas so that they are no longer at the mercy of an abusive state security apparatus. International law supports internal self-determination (autonomy) and, in extreme cases (like ongoing persecution), even external self-determination (secession) as a remedy. The continued marginalization and insecurity of Tamils – evidenced by heavy militarization of the north, land grabs, and lack of justice – strengthen the moral and legal case for the world to support Tamil political aspirations. Notably, international voices are increasing: In May 2024, a resolution was introduced in the U.S. Congress recognizing the Sri Lankan state’s genocide against Tamils and affirming Tamils’ right to self-determination, explicitly calling for a UN-monitored referendum on Tamil independence. U.S. lawmakers underscored that this aims to “protect the Tamil people from future violence and discrimination” and achieve a “peaceful, democratic solution”. They drew parallels to other nations (e.g., Kosovo, South Sudan) where self-determination was realized following mass atrocities. The message is clear: without addressing the underlying political grievances of Tamils through self-determination, efforts to secure justice will be incomplete and conflict may recur.

In conclusion, the Chemmani mass graves issue should not be viewed in isolation but as part of the continuum of the Tamil nation’s struggle for survival and dignity. International law provides tools – from war crimes tribunals to the affirmation of peoples’ rights – that must be employed to seek redress. Justice for Eelam Tamils is two-fold: accountability for past genocide and massacres, and the restoration of their right to determine their own destiny. The international community has a responsibility under doctrines like the Responsibility to Protect (R2P) and human rights conventions to intervene when a state fails to protect (or itself violates) the rights of a population. It’s imperative that these principles be applied to Sri Lanka. Chemical graves like Chemmani are crime scenes that demand both criminal justice and a re-examination of the political arrangements that allowed such crimes to occur. The goal must be not only to punish perpetrators but to ensure non-repetition, which in this context means empowering the Tamil people with security and self-governance guarantees. Only then can the cycles of violence truly end.

Policy Recommendations for International Stakeholders 

To address the Chemmani mass graves and the broader quest for Tamil justice, the following actionable steps are recommended for the international community (UN agencies, foreign governments, and international legal bodies):

1. Secure and Preserve Mass Grave Sites:

Immediately ensure that all Chemmani mass grave sites – and any other suspected mass graves in Sri Lanka’s north-east – are protected from disturbance. The UN and concerned countries should press Sri Lanka to cordon off these areas under independent supervision. International forensic teams should assist in exhuming and preserving evidence in Chemmani. Given past incidents of evidence tampering (e.g. reports of graves being bulldozed), a UN monitoring presence or special rapporteur for mass graves should be established. Donor governments can offer funding and expert support to guarantee that excavations continue unhindered until completion, with all findings transparently reported. This will build trust with victims’ families and deter any cover-up attempts.

2. Independent International Investigation:

Establish an international accountability mechanism for Sri Lanka’s mass atrocities. Relying solely on Sri Lanka’s courts, which have shown inertia and bias, is not credible. The UN Human Rights Council should be urged to create a special tribunal or commission with a mandate to investigate wartime disappearances and killings (including Chemmani and later mass graves). Such a mechanism must have powers to identify perpetrators up the chain of command and recommend prosecutions. If Sri Lanka continues to resist a formal tribunal, UN member states should pursue alternative paths: for example, support referral of the situation to the International Criminal Court (via the UN Security Council or by extending jurisdiction through a state party). Countries with universal jurisdiction laws should be prepared to charge Sri Lankan war criminals in their national courts if they travel abroad. The aim is to send an unequivocal message that those responsible for enforced disappearances, torture, and genocide will be held accountable under international law.

3. Justice for the Chain of Command:

International action should focus not only on low-level perpetrators but also on those who gave the orders. Stakeholders should compile dossiers on commanders credibly implicated (e.g. those in the Chemmani chain of command listed above) and consider targeted sanctions (travel bans, asset freezes) against these individuals to pressure Sri Lanka. For instance, high-ranking officers alleged to have overseen the Chemmani murders and other wartime atrocities could be subjected to Magnitsky-style sanctions. Simultaneously, the UN and donor countries should condition security assistance or military cooperation with Sri Lanka on its genuine efforts to hold senior officials accountable. An international investigative mechanism, as noted, should explicitly examine command responsibility. By pursuing the architects of these crimes, the international community affirms that no one is above the law, and it will help break the culture of impunity that protects perpetrators in Sri Lanka’s establishment.

4. Support Tamil Self-Determination Initiatives:

In parallel with accountability, international actors must actively support a political process that addresses Tamil grievances and grants them self-determination. The unresolved ethnic conflict is the context in which massacres like Chemmani occurred. As a confidence-building measure, foreign governments and the UN should advocate for immediate steps toward power-sharing – for example, pressing Sri Lanka to demilitarize the north-east and to devolve genuine governing powers to Tamil-majority provinces. However, decades of broken promises have hardened Tamil calls for an independence referendum. International stakeholders should not dismiss this out of hand. Instead, they can encourage a democratic expression of Tamils’ political will. The recent U.S. House Resolution urging a Tamil Eelam independence referendum sets a precedent. The UN or another neutral body could be invited to oversee such a referendum or at least a comprehensive consultation with Tamil people about their political future. Recognizing Tamils as a distinct nation with the right to self-determination is consistent with international law and would lay the foundation for a sustainable peace. In practical terms, supporting self-determination could range from facilitating dialogues between Tamil representatives and the Sri Lankan government, to including Tamil nationhood on the agenda of international discussions (e.g., UN Human Rights Council resolutions). Ultimately, a constitutional solution that Tamils consent to – whether it’s federal autonomy or an independent state – is necessary to ensure the security and rights of the Tamil people and to prevent future atrocities. International mediation and guarantees may be required to achieve this.

5. Truth and Reparation Mechanisms:

Encourage and help establish a credible truth-telling mechanism and reparations program, ideally under international auspices. While criminal justice addresses perpetrators, Tamil survivors also need acknowledgment and closure. An independent Truth Commission (with international experts involved) could document the full extent of disappearances, mass graves, and war crimes, providing an official historical record that counters denial. This commission must be empowered to hear testimony from Tamil victims and publish findings without government censorship. In tandem, donors and the Sri Lankan state (if willing) should fund a reparations scheme for families of the disappeared and killed – including financial compensation, psychosocial support, and symbolic measures (apologies, memorials). Importantly, all families still searching for loved ones deserve answers: a concerted effort for identification of remains through DNA analysis should be supported at Chemmani and other sites. For example, collecting DNA from relatives and comparing with exhumed remains could finally identify whose bones were found, allowing proper burials. The international community can provide the technical and financial resources for this process. Providing truth and reparative justice is not only morally right but can help heal some wounds and facilitate any future political negotiations by building trust.

By implementing these recommendations, international stakeholders can play a decisive role in securing justice and protecting the rights of Eelam Tamils. The Chemmani mass graves are a stark reminder of the consequences of unchecked impunity. The world’s response now can set a precedent: that even years later, justice can be done – and that the Tamil people’s cries for accountability and self-determination will be heard and acted upon. The end goal must be a Sri Lanka (or a Tamil Eelam) where Tamil citizens live free from fear, with their rights as a people recognized, and where tragedies like Chemmani never recur.

Sources:

The analysis above is drawn from eyewitness testimonies, credible investigations, and reports by Amnesty International, Tamil Guardian, Al Jazeera, and others who have documented the Chemmani graves and Sri Lanka’s human rights record. All evidence underscores the urgency of international action to secure justice for Tamils and uphold international law.

References

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     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

     #UnquenchableLamp #ChemmaniTruth #JusticeForTheDisappeared             #SriLanka  #HumanRights

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