Practice Relating to Rule 38. Attacks against Cultural Property
Somalia’s Military Criminal Code (1963) states:
363. Where a commander fails to adopt measures to protect buildings, places or objects that must be respected. – 1. A penalty of military confinement for up to three years shall be imposed on a commander of attacking forces who fails to adopt the measures prescribed by law and by international agreements to ensure respect for:
(a) … historic monuments or buildings dedicated to science, art, charitable purposes or religion, where they are not at the same time being used for military purposes and have been designated by the distinctive signs specified in the international conventions, or have in some way been indicated in advance to the enemy, and are easily visible even from a great distance and at a high altitude.
371. Fire, destruction or serious damage in an enemy country. – 1. Anyone who, in an enemy country, sets fire to a house or building, or destroys them by any other means without being compelled to do so by the necessities of military operations, shall be punished by imprisonment for not less than 15 years.
2. If the act has resulted in the death of one or more persons, a penalty of death with demotion shall be applied.
3. The same provisions shall apply in the case of fire or destruction or serious damage to historic monuments, works of art or science, i.e. establishments dedicated to religion, charity, education, arts or science, even those belonging to the enemy State.