Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Somalia’s Military Criminal Code (1963) states:
366. Compelling enemy subjects to take part in or promote military operations. — [1.] A soldier who, in the territory of the enemy State occupied by the armed forces of the Somali State, or in any other place, compels an enemy subject to take part in acts of warfare against his own country, or in any way to promote their implementation, shall be punished by military confinement for not less than three years.
2. The provision set out in the previous paragraph shall not be applied if the act in question is committed against enemy subjects who at the same time possess Somali nationality or who are otherwise subject to the obligations of military service in accordance with the law on citizenship.
396. Compelling prisoners of war … to perform forbidden tasks. — 1. A penalty of military confinement for two to seven years shall be imposed on anyone who uses violence or intimidation against one or more prisoners of war to compel them to:
(b) perform tasks that … are otherwise specifically forbidden by law or by international agreements
2. If the violence consists of homicide, including even attempted murder or manslaughter, or of a severe or serious personal injury, the corresponding penalties prescribed in the criminal code shall be applied. The penalty of short-term imprisonment may, however, be increased.