相关规则
Somalia
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”.
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 76.
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.”
Somalia, Statement by the Delegation of Somalia before the Human Rights Council during the consideration of the report of Somalia, published in the Report of the Working Group of the Human Rights Council on the Universal Periodic Review, 11 July 2011, UN Doc. A/HRC/18/6, § 68.
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, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 98.73.
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, Military Criminal Code, 1963, Article 369.
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.
Somalia, Act of Military Discipline, 1975, Articles 35–36.
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”.
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 76.
