The Challenges in the Application of International Humanitarian Law in the Armed Conflict in Somalia

Abstract

The Eastern African region has a long history of being one of the most volatile geopolitical hotspots for internal unrest and international armed conflict. The root causes of the Somalian protracted armed conflict are economic hardship, abject poverty, and clannism. According to the Appeal Chamber of the ICTY in the Tadic case, armed conflict arises when there is prolonged use of armed force between legitimate government institutions and organized rebel factions located within the same group. This research paper aims to contrast the IHL norms and scope applicable in the Somali armed conflict and its implementation in restoring peace. The study adopted a qualitative method and employed a doctrinal legal approach to critically analyze norms, and doctrines of law in existent legal documents, such as legislations, conventions, law reports, periodicals, and journal articles among others to ensure in-depth comprehension of the related issues about the implementation of IHL in the armed conflict settings. The findings revealed that the negligence of the Somali government hampered the efforts of the international community in providing aid and safety to the hors de combat and vulnerable Somalis affected by the protracted armed conflicts. Some recommendations were offered to the United Nations Security Council and other global actors, to ensure nations uphold IHL norms, in an armed conflict setting, employable to the Somali and other similar armed conflict nations context in ensuring peace and security prevail in Somalia and beyond.