Practice Relating to Rule 158. Prosecution of War Crimes
Somalia’s Military Criminal Code (1963) states:
358. Where a commander orders or authorizes the use of forbidden means of warfare. – 1. The commander of a military force who, to harm the enemy, orders or authorizes the use of any of the means or methods of warfare that are forbidden by law or by international agreements, or that are contrary to military honour, shall be liable to confinement for not less than five years, except where the act is specified as an offence by a special provision of law.
2. If the act leads to a massacre, a penalty of confinement for not less than 10 years shall be applied.
359. Use of forbidden means of warfare by a person other than a commander.
– 1. The penalties prescribed in the preceding article apply also to anyone who, to harm the enemy, employs means or methods that are forbidden by law or by international agreements.
Somalia’s Act of Military Discipline (1975) states:
24. … If a member of the army commits a violation, and a junior Commanding Officer finds out, he shall investigate and try to find … any possible evidence and then pass [this on] to his Commanding Officer, in accordance with the chain of command.
192. When a soldier within the squad is involved in a serious crime or a serious disciplinary matter, the Commanding Officer, through the Commanding Officer of the platoon, shall inform the Commanding Officer of the army; providing [a] detailed account of the incident and any witnesses. He must also attach the individual report regarding the conduct of the alleged person. He then shall send the collated information and evidences in the form of a report.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, Somalia’s Transitional Federal Government stated:
98.1. … The Government fully supports the principles enshrined in the  Rome Statute of [the] International Criminal Court and is committed to ending the persisting culture of impunity and ensuring that perpetrators of violations of human rights and international humanitarian law (IHL) are held accountable for their actions and that justice is done. …
98.71. … The Government will undertake every effort to stop … serious violations of … IHL. Those responsible will be held accountable for their actions.
98.102. … The Government is committed to strengthening the judiciary in order to end the persisting culture of impunity and ensuring that those responsible for violations of human rights and IHL are held to account for their actions. The work of the National Human Rights Commission will also be fundamental in dealing with human rights and IHL violations committed by all parties to the conflict in Somalia. Additionally, the Government is committed to creating a National Independent Commission of Inquiry tasked with investigating allegations of serious violations of IHL and human rights law on a permanent basis.
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 Committee as follows: “[W]ar crimes and crimes against humanity will not be objects of any amnesty. The only way to end the culture of impunity is to ensure accountability.”