Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
In 2011, in its report to the Human Rights Council, Somalia stated: “The Government forces are also bound to respect customary IHL rules relating to the prohibited methods and means of warfare[,] including the [principle] of distinction”.
In 2011, during the consideration of Somalia’s report to the Human Rights Council, a statement of the delegation of Somalia was summarized by the Council as follows: “The principle … of distinction … must be respected in the conduct of military operations.”
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, Somalia’s Transitional Federal Government stated: “The Government is committed to … taking all necessary measures to … ensure compliance with IHL including the core principles of distinction between combatants and civilians”.
Somalia’s Military Criminal Code (1963) states:
A soldier who, needlessly or otherwise without justification, for reasons not extraneous to the war, uses violence against enemy private individuals who are not taking part in military operations shall be punished by military confinement for up to two years.
Somalia’s Act of Military Discipline (1975) states:
35. Every soldier who is carrying arms to defend his country, but violates others who are not carrying arms, is in breach of his duties and is subject to a severe punishment.
36. Every soldier in the army … should protect [the] civilian population at all times.
In 2011, in its report to the Human Rights Council, Somalia stated: “The Government forces are also bound to respect customary IHL rules relating to the prohibited methods and means of warfare including … the prohibition of intentional … attacks against civilians”.