Practice Relating to Rule 89. Violence to Life
Somalia’s Military Criminal Code (1963) states:
367. Prohibition of the immediate execution of those guilty of … offences against the laws and customs of war. – A commander who, except in the case of imminent danger to the security of the armed forces or to the military defence of the State, orders that a person caught … committing an offence against the laws and customs of war should immediately be brought before a firing squad without previous judgement pronounced by a regularly constituted court, shall be liable to military confinement for up to one year.
369. Violence by Somali soldiers against enemy private individuals or by the inhabitants of occupied territories against Somali soldiers. – 1. 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.
2. If the violence consists of homicide, including attempted murder or manslaughter, or of a severe or serious personal injury, the penalties prescribed in the criminal code shall be applied. The penalty of short-term imprisonment may, however, be increased.
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.
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 will undertake every effort to stop all violence in the context of the armed conflict, including summary executions, arbitrary, [and] extrajudicial killings”.