The fight against Al-Shabaab and all terrorist groups is necessary. Still, itβs also important to address misconceptions about the law and recognise the rights of families and children who are not responsible for the actions of terrorists. π§΅@threadreaderapp unroll
Al-Shabaab and ISIS are non-state actors and are not recognised as legitimate governments or military forces under international law.
International law provides a clear framework for addressing terrorism, rules of engagement, and the protection of civilians in conflict zones.
Terror groups like ISIS and Al-Shabaab do not receive combatant protections under the Geneva Conventions and can be prosecuted under international law.
Criminal responsibility is key:-individuals within these groups can be held accountable for war crimes, crimes against humanity, and terrorism under the Rome Statute, domestic laws, and universal jurisdiction.
Families and children are not responsible for the crimes of terrorists. They are entitled to protection under the Geneva Conventions, the Convention on the Rights of the Child, and the Rome Statute.
Justice and accountability matter: Upholding these laws helps prevent impunity while also ensuring that the innocent, including families and children, are not unfairly punished.
The rule of law must prevail. Fighting terrorism should never come at the expense of fundamental rights and legal principles.
Preaching or inciting harm against the families, children, or women of terrorists is a crime. Under international law, this can fall under:
Rome Statute, Article, 7, 25
Genocide Convention, Article 3
Domestic laws on incitement to violence and hate crimes
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Why was Dr. Cabdullaahi Xaashi Cabdi removed from Parliament? Letβs break it down using the Somali Constitution and parliamentary rules. π§΅π
Legal Basis for Removal
According to Article 59(1)(a) of the Somali Provisional Constitution, an MP loses their seat if they miss two consecutive parliamentary sittings without a valid excuse.
The House of the People Rules of Procedure (Article 8(4)) also states that MPs who fail to attend sittings without justification automatically forfeit their seats. No vote is needed.
πΉ Both are sitting Members of Parliament (MPs) and have a duty to uphold national security.
πΉ Their words carry significant influence, and if they weaken counterterrorism efforts, they could be held accountable.
πΉ Somali Constitution (2012):
β’Article 18: Protects freedom of speech, BUTβ¦
β’Article 126: The state must protect national security & public order
πΉ Somali Penal Code (1962)
β’Article 220: Criminal defamation, if statements harm the stateβs legitimacy.
β’Article 321: Incitement against the state speech that weakens the fight against Al-Shabaab.