From Ceasefire to Siege:

Documenting systemic aggression against Tamil lands, rights, and heritage since 2009

⚖️ Disclaimer

This brief presents a legal and evidentiary analysis based on publicly available documentation, expert commentary, and community-sourced data. It does not constitute legal advice or a formal indictment. References to alleged violations, responsible actors, or state institutions are based on credible sources where available, but remain subject to further investigation and legal adjudication. The inclusion of incidents and legal arguments is intended to support advocacy, awareness, and strategic mobilization toward international accountability. Readers are encouraged to consult legal professionals, international bodies, and primary documentation for verification and action.

📝 Editor’s Note

This advocacy brief was developed in support of the 2026 Tamil Heritage Month theme, Protecting Place, Preserving People, to highlight the systemic threats to Tamil identity, land, and cultural continuity in Sri Lanka. It integrates legal analysis of the Crime of Aggression, one of the four core international crimes under the jurisdiction of the International Criminal Court (ICC), and presents evidence that such aggression has persisted since 2009 through militarization, land grabs, and suppression of Tamil cultural expression.

The editorial approach emphasizes:

Legal precision — grounding claims in international law and ICC jurisprudence.
Historical continuity — linking post-war aggression to long-standing patterns of colonization and cultural erasure.
Community agency — urging Tamil civil society, legal professionals, and political leaders to mobilize documentation and legal strategy.
Strategic urgency — framing documentation as a critical step toward future international prosecution and cultural protection.

🔍 Methodology

Legal Framework

The brief applies the definition of the Crime of Aggression as codified in Article 8 bis of the Rome Statute of the ICC, and interpreted through relevant case law, UN resolutions, and legal scholarship.
It considers acts of military occupation, denial of self-determination, and systemic suppression of cultural identity as potential components of aggression when committed in violation of the UN Charter and international law.

Sources

Primary legal sources: Rome Statute, UN Charter, ICC Elements of Crimes, and official UN communications.
Incident documentation: Reports from UN Special Rapporteurs, treaty body submissions, NGO investigations, and verified media coverage.
Community evidence: Testimonies, photographs, oral histories, and site documentation submitted by Tamil civil society and diaspora networks.

Verification

Incidents are included only when supported by at least one credible source, with preference given to multi-source corroboration.
Allegations are clearly marked and contextualized with legal commentary or precedent.
Sensitive data is anonymized or redacted where necessary to protect individuals and communities.

Scope

Timeframe: May 2009 (end of armed conflict) to October 2025.
Geographic focus: Northern and Eastern provinces of Sri Lanka.
Categories of aggression-related violations:

Military occupation and demographic engineering
Illegal land appropriations and archaeological manipulation
Suppression of the Tamil language, education, and memorialization
Destruction or concealment of mass graves
Surveillance and restriction of cultural expression

Analytical Lens

Incidents are analyzed through the lens of international criminal law, human rights law, and cultural heritage protection.
The brief identifies patterns that may support a future case under the ICC’s jurisdiction, and outlines strategic pathways for Tamil civil society to pursue legal accountability.

Protecting Place, Preserving People - The Case for Documenting the ‘Crime of Aggression’ in Post-2009 Sri Lanka

Legal Framework: The Crime of Aggression under International Law and the ICC

Definition and Elements of the Crime of Aggression

At the heart of international criminal law, the Crime of Aggression stands as one of the four core crimes recognized by the International Criminal Court (ICC), alongside genocide, crimes against humanity, and war crimes. The legal definition, enshrined in the Rome Statute’s Article 8 bis, emerged after subsequent negotiation and eventual consensus in the 2010 Kampala Amendments. Article 8 bis (1) defines the crime as:

“The planning, preparation, initiation, or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.”

An act of aggression is further clarified as:

“The use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations.” This includes, among others: invasion, military occupation, annexation by use of force, blockades, and the sending of armed bands or mercenaries ¹.

The crime fixes responsibility on individuals in leadership positions who direct or control state actions-a crucial distinction, as international law prosecutes individuals rather than states.

Additionally, Article 8 bis’s list of criminal acts draws from UN General Assembly Resolution 3314 (XXIX) of 1974, reinforcing the criminality not just of open invasion, but also military occupation and occupation “by whatever means,” including actions taken under purported “development” or demographic transformation projects ¹.

Path to Jurisdiction: Timeline and Applicability

The journey to ICC jurisdiction over the Crime of Aggression has evolved over more than two decades:

· 1998: Rome Statute adopted, listing aggression among the Court’s jurisdiction, but deferring definition and jurisdictional details.

· 2010 (Kampala Review Conference): Consensus reached on the definition and conditions for ICC jurisdiction over the Crime of Aggression; the amendments (Articles 8 bis, 15 bis, 15 ter) were adopted.

· 2017: Required 30 states’ ratifications achieved; Assembly of States Parties (ASP) decided on jurisdictional activation.

· 17 July 2018: Jurisdiction over Aggression activated for crimes committed after this date.

· 2025: Special ASP session further reviewed the aggression amendments, with calls for expanded harmonization and universal application²³.

Table 1: Evolution of ICC Crime of Aggression Jurisdiction

Year	Event	Significance
1998	Rome Statute Adopted	Aggression listed, definition deferred
2010	Kampala Amendments	Article 8 bis adopted; scope and procedure agreed
2017	ASP Activation Decision	30+ ratifications enables action; ASP sets activation date
17 July 2018	Jurisdiction Activated	ICC can prosecute Crime of Aggression committed after this date
2025	ASP Special Session (NYC)	Calls for harmonization and universal jurisdiction, debate continues

The ICC’s current jurisdictional regime for aggression is unique and more restrictive than for other international crimes:

1. The aggression must be committed after 17 July 2018.

2. The ICC may only exercise jurisdiction when at least one state involved (victim or perpetrator) is a state party to the Rome Statute and has ratified the aggression amendments-unless the case is referred by the UN Security Council, which lifts most restrictions.

3. States can opt out of the aggression jurisdiction.

4. For non-states parties or non-ratifying states, the ICC cannot exercise aggression jurisdiction unless there is a UN Security Council referral³.

Key Precedents and Commentary: Legal literature emphasizes that the “manifest violation” test leaves threshold questions, but occupation, annexation, and forced demographic transformation by military means repeatedly fall under the customary law understanding of aggression. Recent debates-including around Russia-Ukraine, re-animated calls for broader ICC aggression jurisdiction and highlighted the international community’s obligation to address ongoing occupation, militarization, and large-scale abuses committed under the colour of state power³.

Limitations, Loopholes, and Progress

Despite activation, aggression prosecutions at the ICC face limitations: cases are possible only where both jurisdictional and temporal requirements are met; however, the substance of the crime of aggression is part of customary international law, opening up possibilities for other forums, including national courts operating under the principle of universal jurisdiction-as recent efforts in Germany, Switzerland, and Argentina on different crimes demonstrate⁴⁵.

A crucial legal point is that military occupation, forced colonization, and suppression of self-determination are recognized as possible forms of aggression, especially when tied to systematic policy directed by individuals holding state power, and cumulatively amounting to a manifest violation of the UN Charter ³.

Documented Incidents Since 2009: Evidence Relevant to a Case of Aggression

1. Military Occupation, Demographic Manipulation, and Command Control

Since the end of civil war hostilities in May 2009, overwhelming evidence details the perpetuation and even intensification of military occupation across the Northern and Eastern provinces, overwhelmingly inhabited by Tamils and Muslims.

· In the immediate post-war years, the Sri Lankan Army tripled in size to nearly 300,000 soldiers, with up to 60% deployed in the Northern Province-a ratio of one security officer for just five civilians, far exceeding post-conflict force densities elsewhere⁶. Security Force HQs, military barracks, and naval and air bases now dominate civic and administrative life.

· By 2011, Parliament reports recorded nearly 7,000 sq km under military occupation in the north and east-well over 10% of the two provinces’ landmass. National and international NGOs corroborate the military’s deep, daily interference in land management, civil administration, and economic activity, even years after fighting ceased⁷⁸.

· Appropriation is not only physical but institutional: unelected former military commanders fill key posts (as province governors), while policies incentivize military settlement, including through housing support and enlarged family bonuses, driving demographic alteration ⁸.

Summary Table 2: Manifestations of Military Occupation and Command Control

Area	Example Actions Post-2009	Effect on Local Population
Land occupation	Army/navy bases built on private, communal, and sacred land	Displacement, loss of livelihoods, landlessness
Administrative control	Military handling land disputes, registration, civil affairs	Marginalization of local governance
Economic presence	Army commercial farms, tourism businesses on seized lands	Undermines local economies, increases dependency
Cultural/symbolic dominance	Army monuments, Buddhist shrines on combatant/memorial sites	Psychological trauma, erasure of history

2. Land Grabs, “Development”, Sinhalization, and Cultural Suppression

Post-2009, the process of Sinhalization-demographic reengineering to settle Sinhalese in traditionally Tamil/Muslim areas has escalated dramatically, and is particularly acute in Trincomalee District:

· In Trincomalee’s Kuchchaveli Division, over 50% of the land (41,164 acres) has been expropriated within a decade. Sinhalese settlers, now 27% of the district’s population, occupy 36% of the land, with “development” projects including irrigation, tourism, and port modernization cited as pretexts⁹¹⁰.

· 26 new Buddhist viharas have been constructed on nearly 4,000 acres of expropriated land since 2009-often on or adjacent to assets of no historical Buddhist significance, but substantial value to local Tamil or Muslim communities, often replacing or overshadowing Hindu temples and mosques¹¹.

· A 2020 Presidential Task Force for Archaeological Heritage Management in the East, dominated by military officials and Buddhist monks, was specifically tasked with identifying and securing lands for further Buddhist and Sinhalese “heritage,” facilitating ongoing land grabs and cultural erasure⁹.

The pattern in Trincomalee is not unique: similar land grabs, infrastructure “development” aligned with demographic engineering, and religious conversion-by-colonization are reported across the north and east, including Mullaitivu and Vavuniya. The response to community efforts to reclaim land is for the state to resort to legal obstruction, arbitrary arrests, and continued military harassment, including of those peacefully protesting⁸¹⁰.

Traditional livelihoods are devastated as agriculture, fishing, and resource access are foreclosed by both expropriation and direct army/military enterprise, such as state-backed army agribusinesses and tourism ventures on seized lands ⁶.

3. Suppression of Tamil Cultural Identity

The project of Buddhistization overlays and reinforces the Sinhalization drive, serving as both a demographic and cultural weapon:

· Buddhist shrines and statues proliferate in areas lacking any inherent Buddhist population, often with military support. Notably, sacred Tamil Saiva and Hindu sites are encroached on or overshadowed by Buddhist monuments-for instance, the construction of Buddhist viharas in places such as Nainativu, Point Pedro, and Thirukoneswaram (Trincomalee), sometimes involving destruction or occupation of ancient Hindu temples¹².

· A 2018 government initiative pledged to build 1,000 Buddhist viharas in the so-called “Tamil homeland” as part of a “reconciliation” strategy, further entrenching symbolic state presence and erasing the region’s heritage¹².

· Tamil language and identity remain systematically subordinate. Despite token legal status as an official language, in practice, government and law enforcement operations in Tamil areas are dominated by Sinhala speakers-exclusions that restrict access to justice, employment, and public services, and violate minority rights to cultural, linguistic, and religious expression¹³.

4. Denial of Tamil Self-Determination

The right of peoples to self-determination is protected under the UN Charter, Article 1 of both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights, as well as established customary international law¹⁴. Nonetheless, successive Sri Lankan governments have steadfastly denied Tamils any meaningful autonomy:

· In 1987, the Indo-Lanka Accord recognized Tamil traditional homelands, but constitutional reforms have entrenched a unitary state-blocking devolution and subordinating minority rights.

· The Sixth Amendment criminalizes advocacy for a Tamil state, violating both international legal standards for free political expression and the right of self-determination. British lawmakers and international human rights organizations have called for its repeal as recently as 2024¹⁵.

· Attempts at federal or devolved solutions have been consistently undermined. Instead, the government has intensified direct Sinhala-Buddhist central control, further aggravated post-2009 by a militarized administration in the north and east, marginalizing Tamil voices and paving the way for ongoing Sinhalization and cultural aggression¹⁶.

Table 3: Key Patterns of Suppression since 2009

Pattern	Manifestation in Tamil Areas
Military Occupation	Permanent army, naval, and air force bases, commandeering public and private land
Administrative Control	Army involvement in civil affairs, land dispute settlement, and economic policy
Land Dispossession	Targeted land grabs, especially in Trincomalee, Mullaitivu; legal, administrative block
Religious-Cultural Suppression	Accelerated construction of Buddhist sites; suppression of Hindu temples, festivals
Denial of Self-Determination	Ongoing enforcement of Sixth Amendment; failure to implement meaningful devolution
Linguistic Marginalization	Lack of Tamil language in administration, courts, schools, public services

5. Ongoing and Systematic Nature

The “continuing act” doctrine under international criminal law recognizes that some crimes, including military occupation and forced demographic changes, are not confined to a single date but persist, with ongoing consequences for victims and communities. Reports by the Oakland Institute, Human Rights Watch, and other credible organizations document that Sri Lanka’s actions since 2009-systematic land grabs, structural Sinhalization, erasure of Tamil cultural and religious sites, and relentless military rule-constitute a continuing aggression and a manifest violation of fundamental rights, warranting consideration as crimes of aggression within the meaning of Article 8 bis⁸¹⁷¹¹.

Strategic Importance of Documentation: Laying the Groundwork for Accountability

Why Documenting Ongoing Crimes Now Is Urgent

Preserving Truth and Preventing Erasure: The state’s strategy-constructing “new facts on the ground,” restricting access to information, and controlling narratives-threatens to erase evidence, memories, and the legal identity of the Tamil homeland. As in other post-conflict situations, the lack of clear, verifiable records of land occupation, demographic engineering, and cultural destruction makes future redress exceedingly difficult⁷⁸.

· Loss of Evidence: Delay endangers both physical evidence (eg. documents, photographs, physical sites, land ownership records) and testimonial evidence as elders pass, memories fade, and survivors disperse¹⁸.

· Legal Precedents: ICC investigations, such as Ukraine, Myanmar, or Syria-show how detailed, community-generated evidence can trigger international action, support universal jurisdiction cases, and break the cycle of impunity¹⁹⁵.

· Counteracting Revisionism: Systematic state narratives cast occupation, land grabs, and aggressive settlement as “development” or “archaeological preservation.” Only independent, civil society documentation can challenge this official narrative and prevent whitewashing of crimes ^20,21.

Guidelines for Effective Documentation

In 2022, the ICC’s Office of the Prosecutor released practical guidelines together with Eurojust for documenting and preserving evidence of international crimes. These recommend:

· Approaching vulnerable persons: Ensuring survivors and displaced populations can give accounts in safety.

· Collecting digital, photographic, and video evidence, with information on provenance, date, and context.

· Maintaining the chain of custody and safeguarding of evidence to avoid tampering, and ensuring information is accessible to international investigators.

· Recording and verifying land records, property titles, and testimonies related to occupation, dispossession, and development-induced displacement.

· Memorialization efforts: Physical and symbolic sites of memory (temples, memorials, destroyed graveyards) are themselves critical evidence and must be mapped, photographed, and described¹⁸.

The active participation of victims, women, and local communities is emphasized as essential-their direct testimony and lived experience are uniquely valuable in identifying crimes’ ongoing impacts²²²³.

The Role of Diaspora and International Civil Society

With domestic justice stalled by impunity, international pathways remain essential:

· Universal Jurisdiction: National courts in some countries (Germany, Switzerland, Argentina, and others) may prosecute individuals responsible for international crimes if strong evidence is available. Effective documentation is critical to future universal jurisdiction cases⁴⁵.

· International Mechanisms and Coalitions: Transnational documentation networks can facilitate collective legal action, coordination between affected communities, and international advocacy, increasing the pressure for accountability at the UN and ICC²¹⁵.

Call to Action: Mobilizing for Justice under ‘Protecting Place, Preserving People’

The pattern of ongoing aggression and demographic, cultural, and territorial subjugation of Tamils since 2009 constitutes a challenge to the international legal order and a threat to global norms of accountability and minority protection. As such, this brief issues a robust call for mobilization, evidence preservation, and strategic legal advocacy:

A. To Tamil Civil Society Organizations

· Systematize, Digitize, and Protect Documentation: Develop secure, transparent, and verifiable community-led databases on military occupation, land grabs, destruction of cultural sites, and forced resettlement, in accordance with ICC and Eurojust guidelines¹⁸.

· Support Victims’ Participation: Ensure the voices of the disappeared, dispossessed, survivors of violence, and women’s groups are at the forefront-prioritizing their safety, dignity, and agency²³²².

· Preserve Sites of Memory and Resistance: Record, map, and monitor memorials, mass graves, and destroyed sacred sites; support communities in public acts of remembrance, both as resistance and as an evidentiary foundation for future cases ⁸.

B. To Human Rights Professionals and Legal Allies

· Provide Legal Training and Technical Assistance: Foster capacity within Tamil civil society for evidence-gathering, digital security, and case preparation in line with evolving international standards.

· Coordinate with International Accountability Mechanisms: Catalogue incidents so they align with elements of international crimes (using Rome Statute definitions), facilitating submission of dossiers to the ICC, national prosecutorial authorities, and international bodies.

· Champion Public International Law and Universal Jurisdiction: Initiate and support litigation in states with universal jurisdiction laws, harnessing the growing consensus for global accountability beyond the limits of the ICC’s current reach⁴⁵.

C. To Political Leaders and Diaspora Advocacy Networks

· Demand a Comprehensive International Response: Advocate for proactive referral of relevant crimes to the ICC through the UN Security Council or General Assembly, and campaign for expanded ICC jurisdiction and accountability mechanisms.

· Press for the Repeal of Repressive Laws: Call for the immediate repeal of the Sixth Amendment and other legal instruments criminalizing peaceful advocacy for Tamil self-determination and cultural expression¹⁴.

· Sponsor and Safeguard Documentation Initiatives: Leverage diaspora resources and platforms to support secure documentation efforts, and to bring international scrutiny to ongoing crimes of aggression, occupation, and cultural destruction.

Unified Demands: Towards Justice and Redress

A broad Tamil coalition has issued an unequivocal demand to the United Nations and the international community to:

· Refer Sri Lanka to the ICC for the crime of aggression, genocide, war crimes, and crimes against humanity committed since and including 2009, and encompassing ongoing occupation and colonization in Tamil areas.

· Mandate forensic oversight of exhumation and investigation of mass graves.

· Support universal jurisdiction cases outside Sri Lanka, and ensure international monitoring of accountability, land, and demographic issues.

· Protect Tamil political expression, language, and culture as integral to the right of self-determination²¹²².

Conclusion

The role of advocacy organizations, legal professionals, and political leaders at this critical juncture is clear: Document, Mobilize, Litigate, and Advocate. The mounting and ongoing evidence supports a compelling case that the Sri Lankan state’s actions since 2009 are not merely residual wounds of conflict, but constitute a manifest, systematic, and continuing violation of the UN Charter and core principles of international law-potentially amounting to the Crime of Aggression as recognized by the ICC.

Commemorating Tamil Heritage Month 2026 under the banner of “Protecting Place, Preserving People” must not only honour cultural resilience and historic suffering but also serve as a launchpad for relentless advocacy, rigorous documentation, and a united global call for justice. Securing accountability for aggression and occupation is not a matter for the past-it is fundamental to the future survival, dignity, and self-determination of the Tamil people and to the integrity of the international legal order itself.

This brief is intended for immediate use by Tamil civil society and diaspora organizations, human rights lawyers, advocacy networks, and all those committed to the pursuit of international justice in Sri Lanka.

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