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7.1.1. Crimes committed by state forces and state-affiliated forces

COMMON ANALYSIS
Last update: June 2022

Serious breaches of international humanitarian law and international human rights law are reported in relation to the non-international armed conflict between Somali security forces, FMS security forces and AMISOM on the one hand, and Al-Shabaab, on the other. Reported violations by the state-affiliated forces include unlawful or arbitrary killings (including extrajudicial killings), torture and cruel, inhuman, or degrading treatment, arbitrary arrest or detention. [Actors, 2.4..6, pp. 43-45]

More specifically, the SNA, the SPF and other Somali authorities have been accused of rape and sexual violence, including in the context of the conflict, child recruitment, killing and maiming of children, attacks on schools and hospitals [Actors, 2.4.6., pp. 4-45].

The NISA has been reported to conduct arbitrary arrests and detentions, torture and inhuman degrading treatment during interrogation and denial of humanitarian access [Actors, 2.4.6., p. 45].

FMS security forces were also responsible for serious breaches of international humanitarian law and international human rights law. Acts of child recruitment, killing and maiming of children, rape and sexual violence against children, and denial of humanitarian access, were attributed to Jubbaland, South-West, and Galmudug security forces. Jubbaland and South-West security forces were also reportedly responsible for conflict-related sexual violence. South-West security forces conducted attacks on schools and hospitals and were responsible for child abduction. Hirshabelle security forces reportedly subjected journalists and media workers to arbitrary arrests and prolonged detention. Violations by Puntland security forces included arbitrary arrests, child recruitment, killing and maiming of children, rape and sexual violence on children, denial of humanitarian access. Somaliland security forces were responsible for arbitrary arrests, detentions, and torture. [Actors, 7.1.5., pp. 81-82; 7.2.5., pp. 87-88; 7.4.5., p.  7.5.5, 7.6.5, 7.7.5]

While the AMISOM’s respect of international humanitarian law and human rights law standards has improved in comparison to the period 2013-2015, Somali individuals involved in the support of AMISOM could be implicated in violations of human rights and international humanitarian law towards civilians perpetrated by AMISOM, such as killings of civilians and conflict-related sexual violence [Actors, 5.1., pp. 67-68].