Contested Sovereignty: Eelam as a De Facto State

This dossier compiles evidence from international law and political science establishing the 'Eelam' entity under LTTE control for significant periods as meeting the criteria for a 'de facto state' and 'non-international armed conflict' (NIAC), rather than simply a terrorist group operating within a law enforcement framework. ### The De Facto State Framework Citations to Caspersen (2012) and Pegg (1998) establish the four-element working definition of a de facto state and confirm that the Eelam entity met these criteria for substantial periods. While descriptive satisfaction does not automatically confer recognition, it reframes the conflict away from purely internal policing. ### International Legal Characterisation The ICTY Tadić decision (1995) sets the criteria for a NIAC, requiring 'protracted armed violence' and 'organised armed groups.' This legal standard, when met, mandates the application of International Humanitarian Law (IHL) to all parties, as clarified by the ICRC (2014), distinguishing it from counter-terrorism laws primarily applicable in peacetime. ### Internal Critique and Context The UTHR(J) reports (1989–present) provide an indispensable internal-Tamil critique of LTTE governance, detailing human rights abuses and suppression of dissent. This record is critical for a balanced assessment of the de facto state, acknowledging governance capacity while scrutinising adherence to human rights standards, independently considered by Caspersen. ### Theoretical Underpinnings The concept of 'internal colonialism' (Hechter 1975), applied to Sri Lanka by scholars like Wilson and DeVotta, offers a political-theory frame for understanding the structural marginalisation that underpinned Tamil self-determination claims, placing the conflict within a broader historical context, though this remains an analytical frame rather than an established finding.