Practice Relating to Rule 111. Protection of the Wounded, Sick and Shipwrecked against Pillage and Ill-Treatment
Somalia’s Military Criminal Code (1963) states:
376. Ill-treatment of the sick, wounded or shipwrecked. — 1. Anyone who ill-treats sick, wounded or shipwrecked persons, even if they are enemies, shall be punished by imprisonment for not less than five years.
2. If the ill-treatment is serious or if it involves torture, the prison term shall be not less than 10 years, and if the act is furthermore committed by a person responsible for transporting or assisting the sick, wounded or shipwrecked person, life imprisonment shall be applied.
3. If the act has led to the death of the sick, wounded or shipwrecked person, a penalty of death with demotion shall be applied.
377. Dispossession of the sick, wounded or shipwrecked. — 1. Anyone who dispossesses the sick, wounded or shipwrecked, even if they are enemies, or who steals money or other objects from them, shall be punished by imprisonment for 5 to 10 years.
2. If the act is committed with violence against the person, the prison term shall be not less than 10 years.
3. If the guilty party is responsible for transporting or assisting the sick, wounded or shipwrecked person, the following penalties shall apply:
(a) imprisonment for not less than 15 years, in the case provided for in paragraph 1;
(b) life imprisonment, in the case provided for in paragraph 2.
4. If the act has resulted in the death of the sick, wounded or shipwrecked person, a penalty of death with demotion shall be applied.
382. Arbitrary refusal to recognize the status of lawful belligerent.
— A commander who causes serious harm … 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.
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
In order to ensure that the values of honour and nobility were maintained at all times, traditional Somali society evolved a strict code of conduct that clearly defined the categories of people and things that were not to be abused in any way during a war. This convention of war, acknowledged and respected by almost all Somali pastoral nomads, is commonly known as xeerka biri-ma-geydada, or the “spared from the spear” code.
The traditional Biri-ma-geydo
code covered certain categories of people who, far from being killed or harmed, were supposed to be cared for and assisted at all times. Adherence to this code was specially enjoined during hostilities. Among the types of persons afforded protection by this code were … the sick.
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.
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the  Geneva Conventions.