COMMON ANALYSIS
Last update: June 2022

Article 12(2)(b) QD | Article 17(1)(b) QD

In the context of Somalia, criminality and breakdown in law and order in some parts of the country make the ground of ‘serious (non-political) crime’ particularly relevant. In addition to violence and murder related to family and clan disputes, some examples of particularly relevant serious crimes may include human trafficking, extorsion/illegal taxation, piracy etc.

Violence against women and children (for example, in relation to domestic violence or in the context of forced and child marriage) could potentially amount to a serious (non-political) crime.

Performing FGM/C is a serious (non-political) crime. A careful examination of all relevant circumstances of the case, including those related to the individual responsibility should take place.

In some cases, the crimes in question could be linked to an armed conflict or could be committed as a part of a systematic or widespread attack against a civilian population (e.g. kidnapping of recruits, taxation to finance the activities of non-state armed groups), in which case they should instead be examined under Article 12(2)(a)/Article 17(1)(a) QD.