Practice Relating to Rule 25. Medical Personnel
Section A. Respect for and protection of medical personnel
Somalia’s Military Criminal Code (1963) states:
375. Use of weapons against … medical … personnel. – Anyone who uses weapons … against the personnel responsible for [the sick and wounded] … when, in accordance with the law and international agreements, they must be regarded as respected and protected, shall, unless the act constitutes a more serious offence, be punished by military confinement for not less than 10 years.
378. Violence against medical personnel … – 1. … [A]nyone who uses violence against any of the persons regularly assigned to the medical service, when, in accordance with the law and international agreements, the said personnel must be respected and protected, shall be punished by imprisonment for 5 to 15 years.
3. If the violence consists of homicide, including attempted murder or manslaughter, or severe personal injury, the corresponding penalties prescribed in the criminal code shall be applied. The penalty of short-term imprisonment shall, however, be increased.
379. Failure to release medical personnel
— Anyone who, in violation of the laws and international agreements, fails to hand over or release or otherwise detains any of the persons referred to in the preceding article when they have ceased to carry out their work in the hospitals, ambulances or other places where they were providing services, shall be punished by military confinement for one to five years.