Related Rule
Somalia
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Somalia’s Military Criminal Code (1963) states:
361. Treacherous violence. Surrender at discretion. – 1. Anyone who, in violation of the law and international agreements, treacherously uses violence against a person belonging to the enemy State, shall be punished by imprisonment for 1 to 15 years, if the act has resulted in personal harm, and by life imprisonment if the act has resulted in death.
2. The same penalties shall be applied where violence is used, even if not treacherously, against a person belonging to the enemy who has surrendered at discretion.
382. Arbitrary refusal to recognize the status of a lawful belligerent. – A commander who causes serious harm to lawful enemy belligerents who have fallen into his power, or to the sick, wounded or shipwrecked, by not according them the treatment prescribed by law or by international agreements … shall be punished, unless the act constitutes a more serious offence, by military confinement for not less than three years. 
Somalia, Military Criminal Code, 1963, Articles 361 and 382.
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
The leader … gave out the following instructions which were to be strictly followed:
8. The wounded of the enemy must not be finished off; you should rather leave them alone;
9. If certain men belonging to the enemy (specified by their names) are taken alive, they should not be killed but delivered to the commander. 
Somalia, Spared from the Spear, 1998, p. 24.
The publication also described traditional Somali practice as follows: “If one of the two sides in a fight retreated in defeat, it was against the customary rules of war to pursue it any further.” 
Somalia, Spared from the Spear, 1998, p. 27.
The publication further described traditional Somali practice as follows:
Somali convention dictated that, during a war, one was to fight only those who could fight him back. Therefore, if, during a raid on a settlement, a sick man, who was bed-ridden with illness, was encountered, it was against the established custom to kill him or cause him harm in any other way, since the sick also belonged to the general category of weak and defenceless persons whose killing was strictly prohibited. 
Somalia, Spared from the Spear, 1998, p. 33.
The publication also described traditional Somali practice as follows:
If a wounded warrior is finished off in the heat of the battle, while the fighting still raged on, and neither side had achieved victory, it would be regarded to be something normal and quite legitimate. … If, on the other hand, after the battle was over, a wounded man from the enemy was found on the battlefield, the traditional immunity code would require that he should not be killed … This is so because a wounded man would in this case be as helpless and as vulnerable as those belonging typically to the category of weak persons such as women, children, the elderly and the sick. 
Somalia, Spared from the Spear, 1998, p. 43.
The publication further described traditional Somali practice as follows:
As in the case of wounded warriors falling into the hands of the enemy, it was rare for a man captured in battle to be spared when the two sides in a conflict were involved in all-out unreserved hostilities and were said to have a dhiig-mayr or “blood-bath” ensuing between them. However, when the fighting and mutual enmity had not reached such a desperate level, and each side wanted to achieve a clean victory over the other, the common practice was to spare anyone who was captured in battle, and release him immediately so he could go back to his own camp. His mere capture was enough cause for embarrassment to his kinsmen as it was the source of exultation and boastful pride to those who had captured, and then released, him. It was the general rule that a man who had been taken prisoner in the fighting and then released would never again take part in fighting against those who had given him his life. 
Somalia, Spared from the Spear, 1998, p. 45.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:
In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups. 
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, § 4.