- Title: [SW Column]( O. Alasow) PROSECUTION OF SUSPECTED SOMALI WAR
CRIMINALSIN DJIBOUTI.
- From:[]
- Date :[7 Jun 2000]
Opinions expressed in this column
are those of the contributors and not necessarily those of SW.
LETTER OF APPEAL TO DJIBOUTI
GOVERNMENT
PROSECUTION OF SUSPECTED SOMALI WAR
CRIMINALS
IN DJIBOUTI.
His Excellency, President Ismail Omar Geelle
His Excellency, the President of the Supreme Court (cour supreme)
The Office of State Prosecutor
Your Excellencies,
First of all, I should like to thank H.E. President Ismail Omar Geelle, the
Government of Djibouti and its people for their role in assisting the
people of Somalia. It is a privilege and an honour to write to you
personally and I have the honour of enclosing this letter of appeal entitled
"Prosecution of suspected Somali war criminals in Djibouti." to your
Government.
I also have the honour to lodge, with the Government of Djibouti as state
party to inter alia, the 1949 Geneva Conventions (08.04.1978) an the
Additional Protocol (08.04.1991) the following appeal letter in respect of
prosecuting suspected Somali war criminals in Djibouti.
In H.E. President Ismail Omar Geelle's inaugural speech at the fifty-
fourth session of the United Nations General Assembly in September 1999,
the President made clear that war criminals are not immune from
prosecution and that perpetrators of international human rights and
humanitarian law (the laws and customs of warfare) are accountable for
their acts.
There is no doubt that "[t]he universality principle is based on the
assumption that some crimes are so universally condemned that the
perpetrators are the enemies of all people", and "[t]herefore, any nation
which has the custody of the perpetrators may punish them according to its
law applicable to such offences". Demjanjuk vs. Petrovsky (1982)
Your Excellencies,
During Barre's 21-year dictatorial rule, which came to an end in 1991,
international human rights and humanitarian law were violently abused in
Somalia. Despite Barre's fall from power, there has been no respite from
such barbaric and inhumane practices. State structures have disintegrated
resulting in a violent bloodshed and a very primitive system based on clan
rivalry. The civilian population have been not only directly and indirectly
affected by hostilities, but also indiscriminately targeted. Consequently,
the grave human rights and humanitarian law violations in Somalia have been
concerns of the international community. Such concerns are referred to in
numerous reports and resolutions including those of the Security Council,
the General Assembly, ECOSOC, the Commission on Human Rights, the Sub-
Commission on Prevention of Discrimination and the Protection of
Minorities, and reports by Independent Experts.11
Moreover, reports from human rights organisations, such as Amnesty
International, document a depressing reality.
Human rights and humanitarian law are part of public international law,
namely the law applicable to States, either as customary international law
or multilateral treaties. Human rights law sets out economic, social,
cultural, civil, and political, rights which are fundamental to the dignity and
development of all humans. In contrast, humanitarian law is the body of law
which governs armed conflicts whether international or internal; it seeks
to protect those hors de combat who are not or who are no longer taking part
in the hostilities and restricts the methods and means of warfare
employed. Humanitarian law holds individuals responsible for violations of the laws
and customs of warfare which they commit, or order others to commit. It
requires that individuals responsible for serious violations should be
prosecuted and punished as criminals.
Although State structures have broken down in Somalia and the
government is non-existent, it remains a subject of international law.
Somalia has ratified a number of international instruments some of which
recognise universal jurisdiction for certain international crimes. Under existing
principles of international law, States already have the obligation to
prosecute persons alleged to have committed grave breaches against the
laws and customs of warfare such as war crimes, crimes against
humanity. In conformity with the existing principles of universal
jurisdiction, Djibouti has incorporated in its national laws provisions
criminalising
breaches of international humanitarian law.
As regards to violations of human rights and humanitarian law in Somali,
the United Nations Security Council has, in two resolutions on Somalia
(S.C. Res. 794, 3 December 1992; S.C. Res. 814, 26 March 1993),
unanimously condemned breaches of humanitarian law and stated that the
authors of such breaches or those who had ordered their commission would
be held "individually responsible" for them.
Moreover, there are cases where individuals, nationals and resident non-
nationals, who committed violations of human rights and laws and customs
of warfare in Somalia, have been prosecuted before national courts, yet
many of the perpetrators of such crimes are found within those conferring
in Djibouti. War criminals are not immune from prosecution, and individuals
responsible for the commission of war crimes in Djibouti are accountable
for their acts.
Your Excellencies,
I appeal to your government to enforce universal jurisdiction as regards to
suspected Somali war criminals in Djibouti. Universal jurisdiction as
treaty and customary international law (the Geneva Conventions of 1949 and the
first Additional Protocol of 1977), oblige the Republic of Djibouti to
suppress violations of humanitarian law. The law requires the Republic of
Djibouti to search and punish all those who have committed Grave
Breaches before their own courts regardless of nationality or where the
crime was committed.
As human rights lawyer and in the sprit of human rights and human dignity,
I have the honour to lodge with the Government of the Republic of
Djibouti as a signatory to the 1949 Geneva Conventions (08.04.1978) an
the Additional Protocol (08.04.1991) to take all measures that are
necessary to bring suspected Somali war criminals before their own court.
Let me conclude by repeating my appeal to the Republic of Djibouti to
carry out a preliminary investigation and bring criminal proceedings
against suspected Somali war criminals in its territory. I have no doubt that
Djibouti has a modern judicial procedure that corresponds to the
requirements of
constitutional State.
Yours respectfully, Date: 9/5/2000
Dr. Omar Abdulle Alasow
2 Pomoja lane
London, N.19 4AD,
United Kingdom,
Tel. 44 171 263 4796,
Email: oa5@soas.ac.uk
footnote 1
For further information please see:
S.C. Res. 954 (11/4/94).S.C. Res. 953 (11/1/94).S.C. Res. 946 (9/30/94).S.C. Res. 923
(5/31/94).
S.C. Res. 897 (2/4/94).S.C. Res. 886 (11/18/94).S.C. Res. 885 (11/16/93).S.C. Res. 878
(10/29/93).
S.C. Res. 865 (9/22/93).S.C. Res. 837 (6/6/93).S.C. Res. 814 (3/26/93).S.C. Res. 794
(12/3/92).
S.C. Res. 775 (8/28/92).S.C. Res. 767 (7/27/92).S.C. Res. 751 (4/24/92).S.C. Res. 746
(3/17/92).
S.C. Res. 733 (1/23/92).G.A. Res. 48/201 (12/21/93).G.A. Res. 48/146 (12/20/93).
G.A. Res. 47/167 (12/18/92).G.A. Res. 47/160 (12/18/92).G.A. Res. 47/107 (12/16/92).
G.A. Res. 46/176 (12/19/91).G.A. Res. 45/229 (12/21/90).G.A. Res. 44/178 (12/19/89).
G.A. Res. 43/206 (12/20/88).ECOSOC Dec. 1995/272, ECOSOC Dec. 1994/258., ECOSOC Dec.
1993/282., ECOSOC Res. 1991/3., Comm'n Res. 1996/57.,Comm'n Res. 1995/56.,Comm'n Res.
1994/60.
Comm'n Res. 1993/86.Sub-Comm'n Res. 1992/11., Sub-Comm'n Res. 1991/29., Rpt. Sec.-Gen.
(S/1994/1166)., Rpt. Sec.-Gen. (S/1994/977)., Further Rpt. Sec.-Gen. (S/1994/839).,
Further Rpt. Sec.-Gen. (S/1994/614)., Further Rpt. Sec.-Gen. (S/1994/12)., Further Rpt.
Sec.-Gen. (S/26738).
Rpt. (S/26351)., Further Rpt. Sec.-Gen. (S/26317)., Rpt. Sec.-Gen. (S/26022).
Further Rpt. Sec.-Gen. (S/25354 and Add.1 & Add.2)., Rpt. Sec.-Gen. (A/47/553).
Rpt. Sec.-Gen. (S/23829 and Add. 1 & 2)., Rpt. Sec.-Gen. (S/24343). Rpt. Sec.-Gen.
(S/24480).
Rpt. Sec.-Gen. (S/23445). Rpt. Sec.-Gen. (S/23693)., Rpt. Sec.-Gen. (A/46/457).
Reports by the Independent Experts:
E/CN.4/1994/77,E/CN.4/1994/77/Add.1,E/CN.4/1996/14,E/CN.4/1996/14/Add.1.,
E/CN.4/1990/17;
E/CN.4/1991/17., E/CN.4/1990/22;E/CN.4/1991/36, E/CN.4/1993/46;E/CN.4/1994/7;
E/CN.4/1995/61.
E/CN.4/1996/14, E/CN.4/1996/14/Add.1, E/CN.4/1997/88, E/CN.4/1998/96, E/CN.4/1999/103
E/CN.4/1999/103/Add.1,E/CN.4/2000/110, E/CN.4/2000/110/Corr.1,
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