Situation of human rights in Somalia

The political stability and security situation in Somalia has recently improved. The country is building state capacity with support from the international community. The African Union Mission in Somalia (AMISOM) consists of military component monitor the situation and contributes to the consolidation of peace and reconciliation in Somalia. On the national level, National Leadership Forum was established, which consists of the high-level political actors and representatives from the regions. The Forum is a non-constitutional, ad ad-hoc mechanism of political cooperation at the high-level. In the meantime Somalia is drafting new federal constitutions.

Test of proportionality in Humanitarian Law

Humanitarian Law requires that belligerents engaged in hostilities respect the principle of proportionality, which derives Geneva Conventions, their Additional Protocols as well as customary humanitarian law. A party of conflict (a state or armed group) must respect unconditionally the principle even if they are not a party of international commitments.

International Armed Conflict

The international humanitarian law has not provided an official (and legally binding definition) of an international armed conflict. Already during the Second World War many military operations were launched without official declaration of the war. The declaration confirmed often the actual situation when both sites were already engaged in military operations. Depart from the concept of war anticipated the actual situation after 1945, when a vast majority of military conflicts were conducted without an official declaration of war.

General Principles of Humanitarian Law

Since 1864, the International Humanitarian Law has developed its own general principles of law, which also constitute – according to the Art. 38 of Statute of International Court of Justice (ICJ) – sources of law. This approach was confirmed in the jurisprudence of ICJ and International Tribunal for Former Yugoslavia.

Principle of distinctions in Humanitarian Law

Principle of distinction is one of the cardinal principles that constitute the fabric of humanitarian law. Military attacks are authorised against military objectives, combatants and members of armed forces as well as against civilians who directly participating in hostilities (so called legitimate targets). The purpose of this principle is to restrict warfare to acts of violence against the enemy combatants. The civilian (and its objectives) shall be spared against the effects of hostilities. Conversely, the combatants who directly participate in conduct of hostilities are legitimate military target at all times except when they are rendered hors de combat.

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