XII. Acknowledgements

[1] Maj.-Gen. Mohamed Siad Barre took power in a bloodless coup in October 1969, six days after the assassination of President Abdurashid Ali Sharmarke. For further description and analysis of Somalia's troubled history, see I.M. Lewis, A Modern History of the Somali: Nation and State in the Horn of Africa (Athens, OH: Ohio University Press, 2003); and Lee V. Cassanelli, The Shaping of Somali Society: Reconstructing the History of a Pastoral People, 1600-1900 (Philadelphia: University of Pennsylvania Press, 1982). See also Ismail I. Ahmed and Reginald Herbold Green, "The heritage of war and state collapse in Somalia and Somaliland: local-level effects, external interventions and reconstruction," Third World Quarterly 1999, http://somali-jna.org/downloads/Heritage%20of%20war%20&%20state%20collapse.pdf (accessed August 2, 2007).

[2] Catherine Besteman, Unraveling Somalia: Race, Violence, and the Legacy of Slavery (Philadelphia: University of Pennsylvania Press, 1999), p. 12.

[3] Lewis, A Modern History of the Somali, pp. 209-210.

[4] Ibid., pp. 211-212; Amnesty International, "Somalia: Report on an Amnesty International Visit and Current Human Rights Concerns," AI Index: AFR 52/01/90, 1990.

[5] See Maria H. Brons, Society, Security, Sovereignty and the State in Somalia: From Statelessness to Statelessness? (Utrecht, Netherlands: International Books, 2001); Ali Jimale Ahmed, The Invention of Somalia (Trenton, NJ: Red Sea Press, 1995); Ahmed I. Samatar, The Somali Challenge: From Catastrophe to Renewal? (Boulder, CO: Lynne Rienner Publishers, 1994); I.M. Lewis, Blood and Bone: The Call of Kinship in Somali Society (Trenton, NJ: Red Sea Press, 1997).

[6] President Barre reacted angrily to the Soviet refusal to support Somalia's invasion of the Ogaden region and the ensuing war with Ethiopia. All Soviet military experts and diplomatic representatives were expelled from Somalia and Somalia switched policy towards the West. For further analysis, see Ahmed I. Samatar, Socialist Somalia: Rhetoric and Reality (London: Zed Books, 1988); and David A. Korn, Ethiopia, the United States and the Soviet Union (Carbondale, IL: Southern Illinois University Press, 1988).

[7] Lewis, A Modern History of the Somali, p. 222.

[8]One of the first of these opposition movements was the Somali Salvation Democratic Front (SSDF), led by then-Colonel and current President Abdullahi Yusuf after he survived a failed coup attempt against Siad Barre and fled to Ethiopia in 1978. See Daniel Compagnon, "The Somali Opposition Fronts," Horn of Africa, vol. 13, no. 1 & 2, April-June 1990, pp. 29-54.

[9] Lewis, A Modern History of the Somali, p. 252.

[10] In 1988 Somalia and Ethiopia signed a peace agreement. The SNM feared the loss of its bases in Ethiopia and attacked and briefly captured Hargeysa and Burco. The Barre government bombarded Hargeysa and Burco in reprisal. See Human Rights Watch, "Human Rights in Selected African Countries," remarks prepared for the House Subcommittee on Foreign Operations by Holly Burkhalter, February 7, 1989; Robert Gersony, "Why Somalis Flee: Conflict in Northern Somalia," Cultural Survival Quarterly, 13(4), 1989; I.M. Lewis, "The Ogaden and the Fragility of Somali Segmentary Nationalism," African Affairs, vol. 88, no.353 (1989), pp. 573-579.

[11] Jeffrey Lefebvre, Arms for the Horn: U.S. Security Policy in Ethiopia and Somalia, 1953-1991 (Pittsburgh: University of Pittsburgh Press, 1991), p. 14.

[12] Hussein M. Adam, "Somalia: A Terrible Beauty Being Born?" in I. William Zartman, ed., Collapsed States: The Disintegration and Restoration of Legitimate Authority (Boulder, CO: Lynne Rienner, 1995), p. 71.

[13] Jack L. Davies, "The liberation movements of Somalia," Civicwebs.com, August 27, 1994, http://www.civicwebs.com/cwvlib/africa/somalia/1994/lib_movments/lib_movements.htm (accessed July 6, 2007).

[14] "Reaction to USC Presidential appointment noted," BBC World Service London (in English), January 30, 1991, 17:09 hrs GMT, transcript reproduced at http://www.biyokulule.com/Jan_%201991_%206.htm (accessed July 27, 2007).

[15] Africa Watch (now Human Rights Watch/Africa) and Physicians for Human Rights, No Mercy in Mogadishu: The Human Cost of the Conflict & The Struggle for Relief, March 26, 1992, http://www.hrw.org/reports/1992/somalia/.

[16] Jane Perlez, "Airlift to Somalia's Capital Begins As Strife Between Clans Continues," New York Times, December 21, 1991, http://query.nytimes.com/gst/fullpage.html?sec=health&res=9D0CE5DA1031F932A15751C1A967958260&n=Top%2fReference%2fTimes%20Topics%2fOrganizations%2fR%2fRed%20Cross (accessed July 3, 2007); Peter Biles, "Africa's new hell chokes in despair," Observer (London), January 5, 1992, reproduced at http://www.biyokulule.com/January_%201992(3).htm (accessed July 3, 2007).

[17] "U.N. Urges Warlords to OpenSomaliPort," New York Times, November 22, 1992, http://query.nytimes.com/gst/fullpage.html?res=9E0CE7DC133DF931A15752C1A964958260 (accessed July 3, 2007).

[18] "1992: American marines land in Somalia," BBC News Online, December 9, 1992, http://news.bbc.co.uk/onthisday/hi/dates/stories/december/9/newsid_4013000/4013143.stm(accessed July 3, 2007).

[19] Human Rights Watch/Africa, Somalia Faces the Future: Human Rights in a Fragmented Society, vol. 7, no. 2, April 1995.

[20]Ibid.

[21] Ibid. See also John L. Hirsch and Robert B. Oakley, Somalia and Operation Restore Hope (Washington DC: United States Institute of Peace Press, 1995).

[22] The six factions that existed just after Siad Barre left power fragmented into dozens of other factions and splinter groups each vying for power and national resources. See Alex de Waal, Social Science Research Council, "Class and Power in a Stateless Somalia," February 20, 2007, http://hornofafrica.ssrc.org/dewaal/index3.html (accessed July 3, 2007).

[23]Ethiopia hosted four peace conferences, Kenya and Djibouti each hosted three, while Egypt, Yemen and Libya hosted one conference each. These conferences sometimes undermined each other. US State Department, "Background Note: Somalia," May 2007, http://www.state.gov/r/pa/ei/bgn/2863.htm (accessed August 3, 2007); Ibrahim H. Gagale, "The only Road to Peace in Somalia," February 8, 2007, http://www.garoweonline.com/stories/publish/article_7525.shtml (accessed August 3, 2007).

[24] "Somali National Peace Conference," IRINnews, July 4, 2000, http://www.irinnews.org/IndepthMain.aspx?IndepthId=54&ReportId=72039 (accessed July 4, 2007).

[25] "Hero's welcome for Somali President," BBC News Online, October 14, 2000, http://news.bbc.co.uk/1/hi/world/africa/972414.stm (accessed July 4, 2007).

[26] The UN did support the TNG, however, and a TNG representative occupied Somalia's seat at the UN, which had been vacant since 1991. Andre le Sage, Centre for Humanitarian Dialogue, "Stateless Justice in Somalia Formal and Informal Rule of Law Initiatives," July 2005, http://www.hdcentre.org/datastore/Justice/Somalia%20final.pdf (accessed August 1, 2007).

[27] "Somali warlords form unity council," BBC News Online, March 22, 2001, http://news.bbc.co.uk/1/hi/world/africa/1235434.stm (accessed July 4, 2007).

[28] For analysis of the negotiations see Ken Opala, "Foreign Powers Stalk Somali Peace Talks," Nation (Kenya), July 21, 2003, reproduced at http://www.somalilandtimes.net/2003/79/7906.shtml (accessed July 4, 2007); Zablon Odhiambo and Neddy Mbori, "Somalia: EU backs Igad on peace process," East African Standard (Kenya), July 19, 2003, reproduced at http://www.afrika.no/Detailed/3847.html (accessed July 4, 2007); "SOMALIA: IGAD ministers meet in bid to kick-start Somali peace process," IRINnews, May 21, 2004, http://www.irinnews.org/report.aspx?reportid=49980 (accessed July 4, 2007); "Somali warlords make peace," BBC News Online, January 29, 2004, http://news.bbc.co.uk/1/hi/world/africa/3440611.stm (accessed July 4, 2007).

[29] Prime Minister Ali Mohammed Gedi is a former veterinarian who had little political experience when he was appointed to the position. President Abdullahi Yusuf is a former warlord whose relations with Ethiopia started in 1978 during the Derg regime, when Abdullahi Yusuf and other former Somali army officers orchestrated a failed coup to unseat Siad Barre. When Barre executed most of the officers who planned the coup, Yusuf escaped to Ethiopia and helped create one of the first rebel groups based in Ethiopia, the SSDF (see footnote 8). Yusuf was later detained by the Derg government after a difference of opinions, but he was released by Meles Zenawi after Zenawi took power in Ethiopia in May 1991. For further analysis see Mohammed Adow, "Why Ethiopia is on war footing," BBC News Online, July 21, 2006, http://news.bbc.co.uk/1/hi/world/africa/5201470.stm (accessed August 2, 2007).

[30] International Crisis Group, "Can the Somalia Crisis be Contained?" Africa Report No. 116, August 10, 2006, p. 4.

[31] Peter Woodward, The Horn of Africa: Politics and International Relations, (London, New York: Tauris Academic Studies, 1996); David D. Laitin and Said S. Samatar, Somalia: Nation in Search of a State, (Boulder, Colorado: Westview Press, 1987). For a brief timeline on the historical events, see "Timeline: Ethiopia and Somalia," BBC News Online, January 25, 2007, http://news.bbc.co.uk/1/hi/world/africa/6159735.stm (accessed July 4, 2007).

[32] Somali nationalism stems from the 19th century "scramble for Africa" by the European powers. The northern regions of Somalia came under the protectorate of Britain in 18841886. Between 1889 and 1905, the Italian government established its control over the southern regions. In 1896 France claimed Somalia's red sea coast region and named it French Somaliland (later to become Djibouti after independence in 1977). These three regions plus the northeastern region of Kenya (named the Northern District Frontier by the British), and the western Somali region known as the Ogaden or Region 5 in eastern Ethiopia constitute "Greater Somalia." In 1960 two of these five regions joined to make the first Somali republic. But Somalia's first post-independence president, Aden Abdulle Osman (Aden Adde) asserted that Somalis must get the "missing regions" through peaceful means no matter how long it takes.

[33] There is debate among analysts about the extent to which Al-Itihaad remained a potent force after its defeat by Abdullahi Yusuf and Ethiopian forces in the 1990s. For analysis of Sheikh Aweys and the origins of Al-Itihaad Al-Islaami see International Crisis Group, "Counter-Terrorism in Somalia: Losing Hearts and Minds?" Africa Report No. 95, July 11, 2005; "Somalia's Islamists," Africa Report No. 100, December 12, 2005; and "Can the Somali Crisis Be Contained?" See also Andr Le Sage, "Prospects for Al Itihad and Islamist Radicalism in Somalia," Review of African Political Economy, vol. 27, no. 89, September 2001.

[34]Al-Itihaad was placed on a US list of organizations designated for asset freezes on September 23, 2001. Sheikh Aweys was named on the same US list on November 7, 2001. See US Department of the Treasury, Office of Foreign Assets Control, "Executive Order 13224-Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism," http://www.treasury.gov/offices/enforcement/ofac/programs/terror/terror.pdf(accessed August 1, 2007).

[35] Abdirahman Aynte, "Somalis Decry Ethiopian Invasion, U.S. Support," Mshale.com, January 8, 2007, http://www.mshale.com/article.cfm?articleID=1338 (accessed August 2, 2007); Stephanie McCrummen, "Ethiopia Steps Up Attacks on Somalia," Washington Post, December 26, 2006, http://www.washingtonpost.com/wp-dyn/content/article/2006/12/25/AR2006122500154_pf.html (accessed July 4, 2007); and Martin Fletcher, "We don't have civil servants. We have guns," Times (London), April 27, 2007, http://www.timesonline.co.uk/tol/news/world/africa/article1712030.ece (accessed July 4, 2007).

[36] See United Nations Security Council, Report of the Secretary-General on the situation in Somalia, S/2002/709, June 27, 2002, p. 4, http://daccessdds.un.org/doc/UNDOC/GEN/N02/439/83/PDF/N0243983.pdf?OpenElement (accessed August 1, 2007).

[37] In "Avoiding Conflict in the Horn of Africa," published by the Council on Foreign Relations, regional analyst Terrence Lyons argued that the breakdown of the Eritrea-Ethiopia peace implementation process precipitated the intervention of both countries in neighboring Somalia. Eritrea's policy of supporting the ICU and rebel groups fighting inside Ethiopia-such as the Ogaden National Liberation Front (ONLF) and the Oromo Liberation Front (OLF)-escalated in 2006. These rebel groups are led by Gen. Mohammed Omar and Dawud Ibsa respectively and both men are currently based in Eritrea. Terrence Lyons, Council on Foreign Relations, "Avoiding Conflict in the Horn of Africa," December 2006, http://www.cfr.org/content/publications/attachments/Ethiopia_EritreaCSR21.pdf (accessed August 5, 2007). For further analysis see Abdul Mohammed, Social Science Research Council, "Ethiopia's Strategic Dilemma in the Horn of Africa," February 20, 2007, http://hornofafrica.ssrc.org/Abdul_Mohammed (accessed July 4, 2007).

[38] For a detailed description of Eritrean military support to the ICU and Ethiopian military support to the TFG in early 2006, see United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (2006), S/2006/913, November 22, 2006, pp. 11-21.

[39] Sheikh Aweys took a leading role in the rise of the ICU and became chair of the ICU's consultative council in mid-2006. After the fall of the courts in December 2006, he apparently fled Mogadishu and is currently thought to be in Asmara, Eritrea.

[40] The establishment of Islamic courts in Mogadishu began in 1994, while UNOSOM II was still present in Somalia, and quickly received popular support from a population exhausted by years of lawlessness and violence at the hands of numerous corrupt warlords. The main aim of the courts was to tackle pervasive crime in Mogadishu. As the courts expanded, they drew the attention of north Mogadishu's then-political leader, Ali Mahdi Mohammed, who feared that the courts' growing support base could diminish his power. In 1996 he cracked down on the courts in north Mogadishu, but popular support for the Courts continued. In 1998, with the support of the business community, two of the clans in south Mogadishu set up Islamic courts to curb banditry and murders within their own clans. US State Department, "Somalia: Country Reports on Human Rights Practices," Bureau of Democracy, Human Rights, and Labor, February 23, 2001, http://www.state.gov/g/drl/rls/hrrpt/2000/af/780.htm(accessed August 2, 2007).

[41] Ken Menkhaus, "There and back again in Somalia," Middle East Report Online, February 11, 2007, http://www.merip.org/mero/mero021107.html (accessed July 5, 2007).

[42]Asad Mohamed, "Who is the most powerful man in Mogadishu?" (Waa kuma ninka uku awooda badan magaalada Muqadisho), Radio Dalmar, June 13, 2007, http://www.dalmar.org/view_articles.php?articleid=783 (accessed March 28, 2007).

[43] International Crisis Group, "Can the Somali crisis be contained?"p. 10.

[44] James Phillips, "Somalia and Al-Qaeda: Implications for the War on Terror," Heritage Foundation, April 5, 2002, http://www.heritage.org/Research/HomelandDefense/BG1526.cfm (accessed July 11, 2007); International Crisis Group, "Counter-Terrorism in Somalia"; United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1558 (2004), S/2005/153, March 8, 2005.

[45]US State Department, Office of the Coordinator for Counterterrorism, Country Reports on Terrorism 2004, April 27, 2005, http://www.state.gov/s/ct/rls/crt/45388.htm (accessed August 1, 2007).

[46] International Crisis Group, "Counter-Terrorism in Somalia," p. 8. All three individuals are on US sanctions lists for their alleged affiliation to terrorist activity, along with several Somalis, including Sheikh Aweys and Hassan Al-Turki.

[47] "A state of utter failure-Somalia," Economist, December 17, 2005.

[48] The Somali warlords behind the formation of the ARPCT were members of the TFG. They included Muse Sudi Yalahow (trade minister), Mohammed Qanyare Afrah (security minister), Botan Issa Alim (disarmament minister), and Omar Mohammed Finish (religious affairs minister), as well as several business and other militia leaders.

[49] "Avoid Kenya, US warns," BBC News Online, May 15, 2003, http://news.bbc.co.uk/1/hi/world/africa/3029889.stm (accessed July 3, 2007).

[50] "US secretly backing Somali warlords," Washington Post, May 18, 2006; C. Bryson Hull, "U.S. moves diplomat critical of Somali warlord aid," Reuters, May 30, 2006; Antony Barnett and Patrick Smith, "US accused of covert operations in Somalia," The Observer, September 10, 2006.

[51] "Islamists claim Mogadishu victory," BBC News Online, May 5, 2006, http://news.bbc.co.uk/1/hi/world/africa/5047766.stm (accessed July 3, 2007); Xan Rice, Oliver Burkeman, and Rory Carroll, "US policy in Somalia unravels as Mogadishu falls," The Irish Times, June 10, 2006. For further analysis see Roland Marchal, Social Science Research Council, "Somalia: A new front against terrorism," February 5, 2007, http://hornofafrica.ssrc.org/marchal/ (accessed August 1, 2007).

[52] "US urges Somali unity in rare personal appeals to warlords," Agence France-Presse, January 27, 2006.

[53] "Somalia: TFG preparing to begin operating from Jowhar," IRINnews, June 22, 2005, http://www.globalsecurity.org/military/library/news/2005/06/mil-050622-irin03.htm (accessed July 14, 2007).

[54]Rob Crilly, "Somalia's transitional government on the verge of collapse," Christian Science Monitor, August 4, 2006.

[55] "Formation of Islamic Courts Council Announced" (Gole kulmiya maxkamadaha Somaliya oo lagu dhawaaqay [Magacyada Golaha shuurada & kan fulinta]), Goobjood, June 25, 2006, http://www.goobjoog.net/news/125/ARTICLE/3154/2006-06-25.html (accessed July 11, 2007); "SOMALIA: Islamic courts set up consultative council," IRINnews, June 26, 2006, reproduced at http://www.globalsecurity.org/military/library/news/2006/06/mil-060626-irin02.htm (accessed July 11, 2007).

[56] Marc Lacey, "Somalis present a militant face: new leader seen as terrorist by U.S.," International Herald Tribune, June 27, 2006.

[57] "Bin Laden releases Web message on Iraq, Somalia," USA Today, July 1, 2006, http://www.usatoday.com/news/world/2006-07-01-bin-laden-plans-message_x.htm (accessed August 1, 2007).

[58] International Crisis Group, "Counter-Terrorism in Somalia." See also Tom Allard, "Terrorists look to Somalia as an emerging safe haven," Sydney Morning Herald, November 4, 2006.

[59] Both the ICU and the TFG received substantial military support and supplies from regional and other states, as well as independent arms trading networks. The UN Security Council imposed an arms embargo on Somalia in 1992, but the embargo has been repeatedly violated. For further details on the arms flows and military build up in 2006, see United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (S/2006/913), November 22, 2006, and previous reports by the UN Monitoring Group, http://www.un.org/Docs/sc/committees/Somalia/SomaliaSelEng.htm (accessed July 14, 2007).

[60] United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (S/2006/913), November 22, 2006, pp. 27-29.

[61] Ibid., pp. 10-16, 21-25. Much of the UN report was viewed by independent experts and analysts as largely credible, with the exception of allegations of ICU support and cooperation with Hezbollah and allegations that Iran attempted to trade arms for Somali uranium. Confidential email communication from correspondent (name withheld) to Human Rights Watch, November 21, 2006. See also Andrew McGregor, "Accuracy of New UN Report Doubtful," Global Terrorism Analysis, The Jamestown Foundation, vol. 3, no. 45, November 21, 2006, http://jamestown.org/terrorism/news/article.php?articleid=2370213 (accessed July 14, 2007).

[62] Ibid., p. 17.

[63] A confidential UN cable obtained by Human Rights Watch indicates that in a conversation with UN officials in June 2006, US Assistant Secretary of State Jendayi Frazer noted that the situation in Somalia was "uncertain." According to the notes, she presented the view that Eritrea had stepped over the line and that Ethiopia viewed Eritrean action in Somalia "as tantamount to opening a second front against Ethiopia." Dr. Frazer's best-case scenario was that the ICU and TFG would engage in dialogue; the worst-case scenario was the expansion of the ICU throughout Somalia and the disintegration of the TFG. Dr. Frazer noted that the latter scenario would have a major negative impact in the Horn and that the US and IGAD would not allow it. She allegedly expressed the view that while the US feared an Ethiopian intervention could rally "foreign elements," the US would rally with Ethiopia if the "Jihadists" took over. Document on file with Human Rights Watch.

[64] "Somali government forms panel to probe suicide bombing," Agence France-Presse, September 20, 2007.

[65] "Somali car ban to stop bombers," BBC News Online, December 4, 2006, http://news.bbc.co.uk/1/hi/world/africa/6206250.stm (accessed July 17, 2007).

[66] "Somalia: Protests after Islamic courts take Kismayo," IRINnews, September 25, 2006, http://www.globalsecurity.org/military/library/news/2006/09/mil-060925-irin01.htm (accessed July 14, 2007). See also United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (2006), p. 41.

[67]Ethiopia may have also been concerned by the apparently strengthening links between Eritrea, the ICU, and the Ethiopian insurgencies. United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (2006), pp. 17-19.

[68] Ali Musa Abdi, "War fears mount after peace talks collapse," Agence France-Presse, November 2, 2007, reproduced at http://www.news.com.au/heraldsun/story/0,21985,20687412-5005961,00.html (accessed July 3, 2007).

[69] Mark Tran, "Looming Somali war menaces whole region," Guardian (London), December 14, 2006, http://www.guardian.co.uk/international/story/0,,1972298,00.html (accessed August 1, 2007).

[70] " Security council approves African protection, training mission in Somalia," UN Security Council news release, December 6, 2006, http://www.un.org/News/Press/docs/2006/sc8887.doc.htm (accessed July 4, 2007). For a critical analysis of the resolution see Matt Bryden, "Storm Clouds over Somalia as Rivals Prepare for Battle," Nation, December 8, 2006.

[71] Resolution 1725 mandated the mission to monitor progress by the Transitional Federal Institutions and the Islamic Courts Union in implementing agreements reached in their dialogue, to ensure the free movement and safe passage of all involved with the dialogue process, and to maintain and monitor security in Baidoa. United Nations Security Council, Resolution 1725, S/RES/1725 (2006), December 6, 2006, http://www.un-somalia.org/docs/Resolution1725-2006.pdf (accessed August 1, 2007).

[72] Sahal Abdulle, " Somali Islamists give ultimatum to Ethiopia," Reuters, December 12, 2006, reproduced at http://www.mg.co.za/articlePage.aspx?articleid=293132&area=/breaking_news/breaking_news__africa/ (accessed July 5, 2007).

[73] Aweys Osman Yusuf, "Ethiopia Denies its Troops were involved in Somalia's clashes," Shabelle Media Network, December 21, 2006; "Somali fighting escalates as Ethiopia deploys tanks: residents," Agence France-Presse, December 21, 2006; "Ethiopia Forced into War against Somali Islamists-PM," Reuters, December 24, 2006.

[74] "Somali Islamists retreat from positions after withering attacks," Agence France-Presse, December 26, 2006.

[75] Aweys Osman Yusuf, "Islamists Call World Muslim Fighters to Wage Their Jihad in Somalia," Shabelle Media Network, December 23, 2006; "Somalia Islamists suffer heavy casualties," Associated Press, December 26, 2006, reproduced at http://www.sudantribune.com/spip.php?article19460 (accessed July 5, 2007).

[76] Human Rights Watch interviews with eyewitnesses, diplomats, media, and others (names and locations withheld), February 2007.

[77] "Islamists abandon Somali capital," BBC News Online, December 28, 2006, http://news.bbc.co.uk/1/hi/world/africa/6213499.stm (accessed July 5, 2007). For analysis on the defeat of the Islamic Courts, see International Crisis Group, "Somalia: The Tough Part Is Ahead," Africa Briefing No. 45, January 26, 2007. See also Dr. Abdishakur Jowhar, "A war of miscalculation," Hiiraan.com, December 2006, http://www.hiiraan.com/op2/2006/dec/a_war_of_miscalculation.aspx (accessed July 5, 2007); and "Islamic leader vows to keep fighting for control of Somalia," Associated Press, December 29, 2006, reproduced at http://www.cbc.ca/world/story/2006/12/29/somalia-islamists.html (accessed July 5, 2007).

[78] Mike Pflanz, "US hunts Al-Qaeda suspects fleeing Somalia," Daily Telegraph (London), January 5, 2007, http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/01/05/wsomalia05.xml (accessed July 5, 2007). For a description of the individuals wanted by the US and an analysis of US counter-terrorism policy in Somalia, see International Crisis Group, "Counter-Terrorism in Somalia," pp. 9-11.

[79] Human Rights Watch interviews with eyewitnesses (names and locations withheld), February and April 2007.

[80] Jim Garamone, "Aircraft Attack Al Qaeda Haven, Ike Moves off Somalia Haven," American Forces Press Service, January 9, 2007, http://www.defenselink.mil/news/newsarticle.aspx?id=2625 (accessed August 1, 2007). James Gordon Meek, "US Targets Al Qaeda Bigs in Somalia," New York Daily News, January 10, 2007; "US airstrikes in Somalia target embassy bombers," Independent (London), January 9, 2007, http://news.independent.co.uk/world/africa/article2137783.ece (accessed August 1, 2007).

[81] An eyewitness told Human Rights Watch that US agents interrogated captured suspects in this period in Kismayo and Ras Kamboni. Human Rights Watch telephone interview, July 17, 2007. A Pentagon spokesperson initially claimed the attacks targeted the "principal al-Qaeda leadership in the region" but later acknowledged that the strikes had missed their intended targets. Jim Garamone, "Aircraft Attack Al Qaeda Haven, Ike Moves off Somalia Haven"; Andrew England, "Somalia air strike 'missed Al Qaeda leaders,'" Financial Times, January 12, 2007. Instead, dozens of villagers and hundreds of animals were allegedly killed in air strikes in that period, although whether responsibility lay with the US or with Ethiopian aircraft remains unclear. "Somali elders say about 100 killed in US, Ethiopian airstrikes," Agence France-Presse, January 11, 2007; "At least 70 people killed in Somali aerial attacks: Oxfam," Agence France-Presse, January 12, 2007.

[82] "US deploys forces to capture fleeing Somali Islamists," Agence France-Presse, January 3, 2007; Chris Tomlinson, "Target of U.S. Air Strike Wanted by FBI," Associated Press, January 9, 2007. Human Rights Watch interviews in Nairobi, February 2007. US warships off the coast launched further strikes in Puntland, northern Somalia, on June 1, 2007. Mahad Elmi and Shashank Bengali, "US warship targets suspected militants in Somalia," McClatchy, June 2, 2007, http://www.mcclatchydc.com/staff/shashank_bengali/story/16551.html (accessed August 5, 2007).

[83] "Kenya captures Islamists Fleeing Somalia," United Press International reproduced in World Peace Herald, January 3, 2007, http://wpherald.com/articles/2874/1/Kenya-captures-Islamists-fleeing-Somalia/Include-foreign-jihadists.html (accessed August 1, 2007). Among the people detained in Kenya were more than 30 women and children of numerous nationalities, including the family of Fazul Mohammed, a man on the US wanted list. After weeks and months in detention in Nairobi prisons, where many were interrogated by US and British security agents, at least 85 people were expelled to Somalia and then transferred to Ethiopia, where many are still in incommunicado detention. Daniel Maldonado, a US citizen, was rendered from Kenya to the US for prosecution in federal court. "US: Stop the Guantanamo Circus," Human Rights Watch news release, March 27, 2007, http://hrw.org/english/docs/2007/03/27/usdom15572.htm.In June the US Department of Defense announced that another detainee, Mohammed Abdulmalik, had been rendered to Guantanamo several days after he was reportedly arrested. "Terror Suspect Transferred to Guantanamo," Department of Defense news release, June 6, 2007, http://www.defenselink.mil/releases/release.aspx?releaseid=10976 (accessed August 5, 2007). At least 25 women and children were deported from Kenya to Somalia in January and February, some of whom were the subject of pending habeas corpus applications in the Kenyan courts. See "Somalia: People Fleeing Somalia War Secretly Detained," Human Rights Watch news release, March 30, 2007, http://hrw.org/english/docs/2007/03/30/kenya15624.htm. For further detail see Letter from Human Rights Watch to Kenyan Director of Political Affairs Thomas Amolo, March 22, 2007, http://hrw.org/english/docs/2007/03/30/kenya15622.htm.

[84] The headquarters of Somalia's Custodial Corps (Prison Services) is close to a number of key roads that go to the sea and airport and lies on the main highway that leaves the capital towards Baidoa, Kismayo, and the southern regions of the country.

[85] The bases are Arbiska, on Afgoi road, and El-Irfid and Maslah Barracks, situated on Bal'ad road.

[86] The term Transitional Federal Government and Somali government are used interchangeably in this report.

[87] Human Rights Watch interview with diplomatic officials, Nairobi, May 29, 2007.

[88] Confidential communications on file with Human Rights Watch, November 2006.

[89] Human Rights Watch interviews, Nairobi and Mogadishu, AprilMay 2007.

[90] "Training closed for up to 3000 army members" (Ciidamo gaaraya 3 kun oo manta tababar loogu xiray Daynuunay), Wardheer News, November 18, 2006, http://www.wardheernews.com/News_06/November_06/18_Daynuunay.html (accessed July 10, 2007); "Somali President, Abdullahi Yusuf, visits Manaas barracks at Baidoa outskirt" (Madaxweynaha Soomaaliya C/laahi Yusuf Axmed oo booqday xerada Manaas oo kutaala Duleedka Magalada Baydhabo),Mudugonline, May 29, 2006, http://www.mudugonline.com/viewArticle.php?articleid=996 (accessed July 10, 2007).

[91] Confidential communication on file with Human Rights Watch, March 23, 2007. See also "Somalia gov't set to relocate to Mogadishu," Xinhua, March 8, 2007, http://english.people.com.cn/200703/08/eng20070308_355368.html (accessed July 17, 2007).

[92] Human Rights Watch interviews with witnesses, politicians, diplomats, and others, Nairobi and Somalia, AprilMay 2007. See also Jean-Philippe Rmy, "The Ceasefire is Very Fragile in Mogadishu" (Le cessez-le feu est trs fragile Mogadisciu), audio report, Le Monde Panorama, April 5, 2007, http://www.lemonde.fr/web/panorama/0,11-0@2-3212,32-892545@51-754471@1-6551,0.html (accessed July 14, 2007).

[93] Human Rights Watch interviews with analysts, journalists, and diplomats, Nairobi, 2007. See also International Crisis Group, "Counter-Terrorism in Somalia," pp. 5-7.

[94] Human Rights Watch was told by at least one interviewee, a civilian, that sometimes the insurgencyfighters operating in a Mogadishu neighborhood offered people cash to join them. Human Rights Watch interview with a resident of Towfiq neighborhood (name withheld), Bosaso, May 7, 2007.

[95] Human Rights Watch interviews (names withheld), Mogadishu, May 2007. See also "PM says time for Somalia pull out, AU desperate for Ethiopia stay over," Daily Monitor (Kampala), May 16, 2007, reproduced at http://www.somalilandtimes.net/sl/2007/278/04.shtml (accessed July 17, 2007).

[96] "Ethiopian troops under attack," Reuters, January 8, 2007, reproduced at http://tvnz.co.nz/view/page/425822/953966 (accessed August 2, 2007).

[97] In this report the term insurgency is generally used to refer to the various armed groups who were responsible for attacks on Ethiopian or TFG forces. The term "Muqaawama" ("the Resistance" in Somali), is used only when individuals interviewed by Human Rights Watch specifically used that term.

[98] Human Rights Watch interview (name withheld), Nairobi, April 28, 2007.

[99] Mike Pflanz, "Cheering Crowds line the streets of Mogadishu as army moves in," Daily Telegraph (London), December 30, 2006, http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/12/30/wsomali30.xml (accessed July 14, 2007).

[100] Rob Crilly, "Hunt for Al Qaeda men in Mogadishu," Sunday Times (London), December 31, 2006.

[101] "Somalis stroll Mogadishu under eye of gov't victors," Reuters, January 1, 2007, reproduced at http://www.alertnet.org/thenews/newsdesk/N30266342.htm (accessed June 28, 2007). See also "Somali PM announces Mogadishu disarmament plan," ABC News Online, http://www.abc.net.au/news/newsitems/200701/s1820142.htm (accessed June 28, 2007).

[102]"Violence flares in Somalia over disarmament," ABC News Online, January 7, 2007, http://www.abc.net.au/news/stories/2007/01/07/1822535.htm (accessed July 11, 2007); "'Somalia's Political Future Appears to be its Pre-Courts Past," Power and Interest News Report, January 17, 2007, http://www.pinr.com/report.php?ac=view_report&report_id=603&language_id=1 (accessed July 11, 2007).

[103] On January 5, 2007, an alleged statement from al Qaeda urging Somalis to fight Ethiopian forces was posted on the internet. It is unclear whether there was any connection between the alleged statements and growing insurgent activity, although TFG and Ethiopian officials claimed this was the case. "Al-Qaeda No. 2 urges Somali Islamists to fight 'crusaders,'" Associated Press, January 5, 2007, reproduced at http://www.cbc.ca/world/story/2007/01/05/alqaeda-message.html (accessed August 2, 2007).

[104]"Ethiopian troops kill 3 people in Somalia," Associated Press, January 23, 2007, reproduced at http://www.sudantribune.com/spip.php?article19877 (accessed July 11, 2007).

[105] "Somali Parliament approves martial law," CBC News, January 13, 2007, http://www.cbc.ca/world/story/2007/01/13/somalia.html (accessed July 17, 2007).

[106] Although the emergency law was only supposed to be valid for three months, and was never extended, it took almost six months for the speaker of the Parliament to announce that the law had expired. "Parliament Speaker: Martial Law Over," Banadir.com, July 8, 2007, http://banadir.com/martial.shtml (accessed July 9, 2007).

[107] "Mortar attacks in Somalia kill five, wound 10," Associated Press, February 12, 2007, reproduced at http://www.taipeitimes.com/News/world/archives/2007/02/12/2003348707 (accessed July 17, 2007).

[108] "Somalia Sets Date for National Reconciliation Conference," Xinhua, March 2, 2007, reproduced at http://www.somalilandtimes.net/sl/2006/267/21.shtml (accessed June 28, 2007).

[109] Steve Bloomfield, "Scores dead in battle-ravaged Somali capital," Independent (London), April 1, 2007, http://news.independent.co.uk/world/africa/article2411404.ece (accessed August 1, 2007).

[110] Alisha Ryu, "Analyst says Somalia a handicap for Ethiopia," VOA News, March 28, 2007, http://www.voanews.com/english/archive/2007-03/2007-03-28-voa55.cfm?CFID=96832606&CFTOKEN=38089055 (accessed July 17, 2007).

[111] "Somali President's home attacked," BBC News Online, March 13, 2007, http://news.bbc.co.uk/1/hi/world/africa/6446655.stm (accessed June 28, 2007).

[112] "Somalia: Government pledges to secure capital in 30 days," IRINnews, March 12, 2007, reproduced at http://www.garoweonline.com/artman2/publish/Somalia_27/SOMALIA_Government_pledges_to_secure_capital_in_30_days.shtml (accessed June 27, 2007).

[113]Ibid.

[114]Andrew McGregor, "The Leading Factions behind the Somali Insurgency," Terrorism Monitor, The Jamestown Foundation, vol. 5, no. 8, April 8, 2007, http://www.jamestown.org/terrorism/news/article.php?articleid=2373348 (accessed July 17, 2007.

[115] Alisha Ryu, "Somali clan opposes Disarmament Plan," VOA News, March 12, 2007, http://www.voanews.com/english/archive/2007-03/2007-03-12-voa35.cfm?CFID=96832606&CFTOKEN=38089055 (accessed July 17, 2007).

[116] The first suicide bombing took place in September 2006. There have been at least five suicide attacks since then: November 30, 2006, and March 26, April 18, April 24, and June 3, 2007.

[117] The mandate of the African Union Mission in Somalia (AMISOM), as described in UN Security Council Resolution 1744, is limited to supporting the political dialogue, protecting the Transitional Federal Institutions, and "[t]o contribute, as may be requested and within capabilities, to the creation of the necessary security conditions for the provision of humanitarian assistance." It does not include protection of civilians. United Nations Security Council, Resolution 1744, (S/RES/1744) February 21, 2007, http://daccessdds.un.org/doc/UNDOC/GEN/N07/245/31/PDF/N0724531.pdf?OpenElement (accessed August 5, 2007).

[118] Human Rights Watch interview with aid official, Nairobi, April 2007.

[119] Mohamed Olad Hassan, "Bodies of Somali soldiers burned in street by Islamist fighters," Independent (London), March 22, 2007, http://news.independent.co.uk/world/africa/article2381114.ece (accessed July 17, 2007).

[120] For a detailed description of the fighting by an international journalist who was in Mogadishu throughout the March 29-April 2 period see Jean-Philippe Rmy, "Between Two Bombardments, Population of Mogadishu Tries to Flee Combat Zone" (Entre deux bombardements, la population de Mogadisciu tente de fuire les zones de combats), Le Monde, April 2, 2007.

[121] "381 die in 4 days of Somali war: human rights group," CBC News, April 2, 2007, http://www.cbc.ca/world/story/2007/04/02/mogadishu-evacuate-070402.html (accessed July 17, 2007).

[122] Salad Dhuhul, "Mogadishu buries its dead after week of fierce fighting," Independent (London), April 5, 2007, http://news.independent.co.uk/world/africa/article2422655.ece (accessed July 17, 2007).

[123] "Clashes threaten Somali ceasefire," BBC News Online, April 11, 2007, http://news.bbc.co.uk/1/hi/world/africa/6544223.stm (accessed July 17, 2007).

[124] It is unclear who was responsible for the attack and whether the incident was connected to an earlier statement from a senior ICU leader. Two days earlier, former ICU chairman Sheikh Sharif Sheikh Ahmed, who was interviewed by Al Jazeera in Qatar, had said, "There is no Al Qaida in Somalia." Salad Dahul, "Islamic leader says Al Qaida does not exist in Somalia," Associated Press, April 16, 2007. Deputy Defense Minister Salad Ali Jelle alleged that al Qaeda was responsible for the April 18 suicide attack, but it is unclear on what evidence he based the allegation. Salad Duhul, "Al Qaida blamed for suicide car bombing at Ethiopian army base in Somalia," Associated Press, April 19, 2007.

[125] "Premier claims Somali 'victory,'" BBC News Online, April 26, 2007, http://news.bbc.co.uk/2/hi/africa/6594603.stm (accessed July 17, 2007).

[126] UN Office for the Coordination of Humanitarian Affairs, "Situation Report: Somalia, April 27, 2007," April 27, 2007, http://www.reliefweb.int/rw/rwb.nsf/db900SID/EVOD-72NHDZ?OpenDocument (accessed July 17, 2007).

[127] "Somali conference postponed again," BBC News Online, June 13, 2007, http://news.bbc.co.uk/2/hi/africa/6747999.stm (accessed July 17, 2007).

[128] See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law (Cambridge, UK: Cambridge University Press, 2005),rule 158.

[129] While insurgency is not a violation of international law, acts by armed groups are frequently in violation of domestic law. The criminal law of Somalia is applicable with respect to many insurgent activities described in this report. Somali law, like the laws of most nations, proscribes basic domestic crimes including murder, assault, arson, rebellion, and crimes relating to attacks on government forces or installations. See Book 2, Chapter I of the Somali Penal Code, 1967. On May 3, 2007, the Somali parliament approved a new Anti-Terrorism Law. Human Rights Watch is still seeking confirmation of the final text as this report goes to press but a number of provisions in the available text are of concern because they are extremely vague and open to wide interpretation. Unofficial translation of Anti-Terrorism Law on file with Human Rights Watch.

[130] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[131]Stephanie McCrummen, "Clan Says Recent Mogadishu deaths exceed 1000," Washington Post, April 11, 2007, http://www.washingtonpost.com/wp-dyn/content/article/2007/04/10/AR2007041001618.html (accessed August 1, 2007).

[132] The Hawiye elders claimed their estimate excluded combatants. "Somalia: Mogadishu fighting claims 293, says Hawiye clan committee," Shabelle Media Network (Somali) reproduced in English translation by BBC Monitoring Service, April 25, 2007.

[133] Human Rights Watch interview, Mogadishu, May 23, 2007.

[134] Human Rights Watch interview (name withheld), Mogadishu, May 23, 2007.

[135] Human Rights Watch interview (name withheld), Mogadishu, May 23, 2007.

[136] Human Rights Watch interview with Somali journalist (name withheld), Nairobi, May 29, 2007.

[137] "Mogadishu clashes 'killed 1000,'" BBC News Online, April 10, 2007, http://news.bbc.co.uk/1/hi/world/africa/6540609.stm (accessed July 11, 2007).

[138] Human Rights Watch interview with medical officer (name withheld), Mogadishu, May 23, 2007.

[139]"Somalia: Thousands of civilians trapped in deadly fighting in Mogadishu,"ICRC press release, March 30, 2007, http://www.icrc.org/Web/Eng/siteeng0.nsf/html/somalia-news-300307; Mohammed Olad Hassan, "Red Cross: fighting in Somalia's capital is the worst in more than 15 years," Associated Press, March 31, 2007, reproduced at http://news.independent.co.uk/world/africa/article2408097.ece (accessed July 12, 2007).

[140]Human Rights Watch interview with medical officer (name withheld), Nairobi, April 23, 2007.

[141] Residents of Mogadishu call mortars "hoobiye."

[142] There is video and photographic evidence of the weaponry used by the insurgency. See "Violent Fighting between Ethiopian and Somali Forces" (Violents combats entre les forces thiopiennes et somaliennes), Reuters video report, reproduced in Le Monde vido, April 26, 2007, http://www.lemonde.fr/web/video/0,47-0@2-3212,54-902107@51-754471,0.html. See also Reuters photos on file with Human Rights Watch.

[143] Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (2006), United Nations Security Council (S/2006/913), pp. 11- 17.

[144] Ibid., p. 9.

[145] Human Rights Watch interviews, Nairobi, April and May, 2007.

[146] Arms sales in Mogadishu's Bakara market declined considerably after the ICU took control and imposed regulations on the weapons market in late 2006. However, sales swiftly resumed after the ICU was ousted. United Nations Security Council, Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (S/2006/913), November 22, 2006, pp. 29-30; and Report of the Monitoring Group on Somalia pursuant to Security Council resolution 1676 (S/2007/436), July 18, 2007, p. 18.

[147] Residents of Mogadishu called the latter M-30 and D-30, and referred to BM-21 multiple-rocket-launchers as "BM."

[148] Media reports on the type of weapon used to shoot down the helicopter varied from rocket-propelled grenades to anti-aircraft missiles. See Alisha Ryu, "Helicopter Shot Down in Somalia," VOA News, March 30, 2007, http://www.voanews.com/english/archive/2007-03/2007-03-30-voa7.cfm?CFID=174401568&CFTOKEN=69449398 (accessed July 12, 2007).

[149] Human Rights Watch interviews in Nairobi, Galkayo, Bosaso, and Mogadishu, April-May 2007.

[150] Human Rights Watch interview (name withheld), Mogadishu, May 21, 2007.

[151] Human Rights Watch interviews with eyewitnesses in Galkayo and Mogadishu, May 2007.

[152] Human Rights Watch interview with displaced person from Mogadishu (name withheld), Galkayo, May 2, 2007.

[153] Human Rights Watch interview with displaced person from Mogadishu, (name withheld), Galkayo, May 1, 2007.

[154] Mohamed Olad Hassan, "4 Civilians Killed by Mortars in Somalia," Associated Press, February 15, 2007.

[155] Mohamed Olad Hassan, "At least 10 civilians killed in ambush on peacekeepers in Somalia," Associated Press, March 8, 2007.

[156] Mohamed Olad Hassan, "2 killed in Mortar Attack in Somalia," Associated Press, March 18, 2007.

[157] Human Rights Watch interview (name withheld), Hargeysa, May 10, 2007.

[158] Human Rights Watch interview with a 67-year-old resident of Waberi district, Bosaso, May 7, 2007.

[159] Human Rights Watch interview (name withheld), Nairobi, April, 27, 2007.

[160] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[161] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[162] Human Rights Watch interview with displaced woman (name withheld), Galkayo, May 1, 2007.

[163] "Somalia: Mogadishu residents set up vigilante groups to counter insurgents," Radio HornAfrik (Somali) reproduced in English translation by BBC Monitoring Service, February 21, 2007.

[164] Photograph on file with Human Rights Watch.

[165] Abdirahman Mohamed Hassan, "District Commissioner for Yaqshid and Deputy District Commissioner for Wadajir killed in Mogadishu tonight in separate circumstances" (Gudoomiyihii Degmada Yaaqshiid iyo Kuxigeenkii Degmada Wadajir oo caawa Siyaabo kala duwan Magaalada Muqdisho loogu dilay), Somaliweyn Media Center, February 21, 2007, http://www.somaliweyn.com/pages/news/Feb_07/21Feb23.html (accessed July 20, 2007).

[166] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[167] Human Rights Watch interview (name withheld), Nairobi, April 27, 2007.

[168]Protocol II, art. 11.

[169] Although this report focuses on the events in Mogadishu between January and June 2007, these accounts of attacks on medical facilities are not the only indications that Ethiopian forces have deliberately interfered with the functioning of hospitals. During the December 2006 offensive against the ICU, Ethiopian forces entered a hospital in Dinsor, southern Somalia, confiscated confidential medical files and threatened staff. See "After a week of intense fighting in Somalia, MSF is extremely concerned about the security of medical staff and safety of patients," MSF news release, December 28, 2006, http://www.msf.org/msfinternational/invoke.cfm?objectid=CE048BD6-5056-AA77-6CCE27E54B230182&component=toolkit.pressrelease&method=full_html (accessed August 2, 2007).

[170] Yaasiin Maxamed Ali, "Ethiopian and Somali troops undertake disarmament operations in Mogadishu as they confiscate weapons from Al-ArafatHospital" (Hawlo hub ururin ah oo ay ciidamada dawladda iyo kuwa Itoobiya ka wadaan caasimadda iyadoo saaka hubkii cisbitaal Carafaat ay la wareegeen), Somalitalk.com, January 14, 2007,http://www.somalitalk.com/2007/jan/14jan027.html (accessed July 16, 2007).

[171] See ICRC, Customary International Humanitarian Law, pp. 85-86.

[172] Human Rights Watch interview (name and location withheld), May 22, 2007.

[173] Human Rights Watch interview (name and location withheld), May 22, 2007.

[174] Human Rights Watch interviews (names and locations withheld), May 22, 2007.

[175] Human Rights Watch interviews (names and locations withheld), May 22, 2007. See also Abdifitahaam Ahmed, "Clashes overnight in Mogadishu caused heavy losses" (Dagaalkii xalay Muqdishu ka dhacay oo khasaare xooggan gaystay), Simba Radio, April 18, 2007, http://www.simbanews.com/news/News%2018%20Apr%204.htm (accessed July 17).

[176] Ibid.

[177] Ibid.

[178] Human Rights Watch interview (name withheld), Mogadishu, May 22, 2007.

[179] Human Rights Watch interview (name withheld), Mogadishu, May 22, 2007.

[180] See, for example, Rome Statute of the International Criminal Court (Rome Statute), U.N. Doc. A/CONF.183/9, July 17, 1998, entered into force July 1, 2002, art. 8(2)(e)(ii).

[181] Human Rights Watch interview (name withheld), Mogadishu, May 22, 2007.

[182] Human Rights Watch interview with Al-Hayat staff, Nairobi and Mogadishu, May 4 and 22, 2007.

[183] Human Rights Watch interview with Al-Hayat staff, Nairobi and Mogadishu, May 4 and 22, 2007.

[184] Human Rights Watch interview with Al-Hayat staff member, Mogadishu, May 22, 2007.

[185] Human Rights Watch interview with Al-Hayat staff member, Mogadishu, May 22, 2007.

[186] Document on file with Human Rights Watch.

[187] See ICRC, Customary International Humanitarian Law, rule 28 ("Medical units exclusively assigned to medical purposes must be respected and protected in all circumstances"); ibid., p. 96.

[188] "Missile hits pediatric hospital in Mogadishu," International Herald Tribune, April 24, 2007, http://www.iht.com/articles/ap/2007/04/25/africa/AF-GEN-Somalia.php (accessed July 12, 2007).

[189] Human Rights Watch interview (name withheld), Nairobi, May 3, 2007, and telephone interview with SOS staff member (name withheld), Nairobi, July 18, 2007.

[190] Human Rights Watch interview with journalist (name withheld), Nairobi, May 3, 2007.

[191] Human Rights Watch telephone interview with SOS staff member (name withheld), Nairobi, July 18, 2007.

[192] Human Rights Watch telephone interview with SOS staff member (name withheld), Nairobi, July 18, 2007.

[193] Human Rights Watch telephone interview with SOS staff member (name withheld), Nairobi, July 18, 2007.

[194] Human Rights Watch interview with 45-year-old charcoal porter with gunshot wound, Mogadishu, May 22, 2007.

[195] Human Rights Watch interview with wounded businessman (name withheld), Mogadishu, May 21, 2007.

[196] Human Rights Watch telephone interview (name and other details withheld), Mogadishu, June 20, 2007.

[197] Human Rights Watch telephone interview (name and other details withheld), Mogadishu, June 20, 2007.

[198] Human Rights Watch telephone interview (name and other details withheld), Mogadishu, June 20, 2007.

[199] Human Rights Watch telephone interviews (names and other details withheld), July 2007.

[200] "Colonel Mohamed Ali Khalaf is killed in Mogadishu" (Col. Maxamed Cali Khalaf oo lagu dilay Muqdisho), Somali Radio, February 3, 2007, http://www.somaliradio.dk/qubanaha.php (accessed July 20, 2007).

[201] Abdirahman Mohamed Hassan, "District Commissioner for Yaqshid and Deputy District Commissioner for Wadajir killed in Mogadishu tonight in separate circumstances" (Gudoomiyihii Degmada Yaaqshiid iyo Kuxigeenkii Degmada Wadajir oo caawa Siyaabo kala duwan Magaalada Muqdisho loogu dilay), Somaliweyn Media Center, February 21, 2007, http://www.somaliweyn.com/pages/news/Feb_07/21Feb23.html (accessed July 20, 2007).

[202] Ibid.

[203] Mohamed Ibrahim Moallimu and Yusuf Hassan Mursal, "Fighting Flares in Mogadishu" (Dagaal ka dhacay Muqdishu), BBC Somali Service, March 13, 2007, http://www.bbc.co.uk/somali/news/story/2007/03/070313_fightmog.shtml (accessed July 20, 2007).

[204]"District Commissioner for Huriwa shot dead" (Gudoomiyihii degmada Huriwaa oo toogasho lagu diley), Marka Cadeey, May 14, 2007, http://www.markacadeey.com/may/20070514_4.htm (accessed July 20, 2007).

[205] "Funeral for slain District Commissioner for Hawlwadag as Banadir administration speaks out" (Gudoomiyihii degmada Hawladaag oo la aasey iyo maamulka gobolka Banaadir oo ka Hadley dilkaasi), Marka Cadeey, June 2, 2007, http://www.markacadeey.com/june/20070602_3.htm (accessed July 20, 2007).

[206]"District Commissioner for Shibis is shot this morning" (Gudoomiyihii degmada Shibis oo saakay la toogtey), Marka Cadeey, June 14, 2007, http://www.markacadeey.com/june/20070614_1.htm (accessed July 20, 2007).

[207] Mohamed Abdi Farah, "Somalia: DeputyDC slain in Mogadishu," SomaliNet, July 2, 2007, http://www.somalinet.com/news/world/Somalia/11568 (accessed July 20, 2007).

[208] Human Rights Watch telephone interview (name withheld), Afgoi, July 30, 2007.

[209] A curfew was imposed following the attack. "Curfew took effect in Afgoi district overnight" (Bandoow xalay ka dhaqan galay degmada Afgooye), Shabelle Media Network, July 16, 2007, http://www.shabelle.net/2007/july/n12336.htm (accessed July 30, 2007).

[210] Human Rights Watch telephone interview (name withheld), Mogadishu, July 31, 2007.

[211] Article 3 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention), 75 U.N.T.S. 31, entered into force October 21, 1950; Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), 75 U.N.T.S. 85, entered into force October 21, 1950; Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention), 75 U.N.T.S. 135, entered into force October 21, 1950; Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 75 U.N.T.S. 287, entered into force October 21, 1950; see also Protocol II, art. 4(2)(a), and the Rome Statute, art. 8(2)(c).

[212] Common Article 3 and Protocol II, art. 4(2)(a); see also the Rome Statute, art. 8(2)(c)(ii) on "committing outrages upon personal dignity." According to the Elements of Crimes for the ICC, this provision applies to dead persons. See commentary to Rule 90 of the Elements of Crimes.

[213] "Interview with President Abdullahi Yusuf," VOA Somali service, March 21, 2007. Audio recording on file with Human Rights Watch.

[214] Press accounts of the total number of casualties differed. Most stated that a total of 13 or 14 people were killed, including either six or seven combatants, and that several of the dead fighters were alleged to be Ethiopian soldiers, but this remains unclear. See Mustafa Haji Abdinur, "Angry residents burn bodies in Mogadishu mayhem," Agence France-Presse, March 21, 2007, reproduced at http://www.reliefweb.int/rw/RWB.NSF/db900SID/LSGZ-6ZHE8N?OpenDocument (accessed July 9, 2007).

[215] Human Rights Watch interviews with journalist and woman observer, Nairobi, April 27 and May 29, 2007.

[216] Jeffrey Gettleman, "Again, bodies are mutilated in Mogadishu's streets," International Herald Tribune, March 21, 2007, http://www.iht.com/articles/2007/03/21/news/somalia.php (accessed July 9, 2007).

[217] Aweys Osman Yusuf, "More than 10 die as heavy fighting continues in Mogadishu," Shabelle Media Network, March 21, 2007, http://www.shabelle.net/news/ne2599.htm (accessed July 9, 2007); Mohammed Olad Hassan, "Bodies of Somali soldiers burned in streets by Islamists."

[218] Human Rights Watch interview (name withheld), Nairobi, May 29, 2007.

[219] Human Rights Watch interview (name withheld), Nairobi, May 29, 2007. The witness could not remember the exact date, but other accounts indicated that it was March 21.

[220] Human Rights Watch interview (name withheld), Nairobi, April 27, 2007.

[221] Ali Musa Abdi, "Somali Clan Releases Prisoners in Peace Gesture," Agence France-Presse, March 26, 2007, reproduced at http://www.somalilandtimes.net/sl/2006/271/091.shtml (accessed August 1, 2007).

[222] Human Rights Watch interviews (names and other details withheld), Nairobi and Mogadishu, AprilMay 2007.

[223] See ICRC, Customary International Humanitarian Law, rule 20.

[224] "Gedi orders vacating neighborhoods" (Geedi oo amray in laga guuro xaafado), Somalicongress.org, March 21, 2007, http://www.somalicongress.org/article276.html?debut_articles_rubrique=105&archives=2007-06 (accessed April 19, 2007).A copy of the statement is on file with Human Rights Watch.

[225] "Press conference by Interior Minister," Simba Radio, March 21, 2007. Audio recording on file with Human Rights Watch.

[226] Ibid.

[227] "Interview with President Abdullahi Yusuf," VOA Somali Service, March 21, 2007. Audio recording on file with Human Rights Watch.

[228] Ibid.

[229] Human Rights Watch interview with a local health worker, Mogadishu, May 23, 2007.

[230] Human Rights Watch interview (name withheld), Mogadishu, May 24, 2007.

[231] Human Rights Watch interviews (names withheld), Mogadishu, June 22, 2007.

[232] Human Rights Watch interview with Huriwa resident (name withheld), May 24, 2007.

[233] Human Rights Watch interview with Huriwa resident, (name withheld), Mogadishu, May 24, 2007.

[234] Human Rights Watch interview (name withheld), Nairobi, April 23, 2007.

[235] Human Rights Watch interview (name withheld), Nairobi, April 23, 2007.

[236] Human Rights Watch interview (name withheld), Mogadishu, May 21, 2007.

[237] "Somalia: Government soldiers take extortion money from bus drivers," Shabelle Media Network, July 10, 2007, http://www.shabelle.net/news/ne3262.htm (accessed July 10, 2007).

[238] Human Rights Watch telephone interview with 40-year-old Bakara market businessman (name withheld), Mogadishu, July 20, 2007.

[239] Ibid.

[240] "Mohamed Dheere apologizes over traders' complaints about robbery by government forces" (Maxamed Dheere oo raali gelin ka bixiyay ganacsato ka cabaneysay in ciidamada dowlada dhac u geysteen), Marka Cadeey, July 8, 2007, http://www.markacadeey.com/july/20070708_6.htm (accessed July 20, 2007).

[241] "UN and NGO partners need better access to displaced Somalis," OCHA press release, April 20, 2007, http://www.reliefweb.int/rw/rwb.nsf/db900SID/SHES-72FMY5?OpenDocument (accessed July 11, 2007).

[242] Reference letter WAG/150/07 by Minister for Interior, Mohamed Mohamoud Guled, April 9, 2007.

[243] Letter from Graham Farmer, Acting UN Resident and Humanitarian Coordinator for Somalia, to Prime Minister Ali Mohammed Gedi, April 12, 2007. A copy of the letter is on file with Human Rights Watch.

[244] Ibid.

[245] Letter from Louis Michel to President Abdullahi Yusuf, April 23, 2007. A copy of the letter is on file with Human Rights Watch.

[246] See ICRC, Customary International Humanitarian Law, rule 55, citing Protocol II, art. 18(2).

[247] "Somali aid 'not reaching needy,'" BBC News Online, May 14, 2007, http://news.bbc.co.uk/1/hi/world/africa/6656283.stm (accessed July 10, 2007).

[248] Human Rights Watch telephone interview, Mogadishu, July 19, 2007.

[249] Human Rights Watch telephone interviews, Mogadishu, July 9, 2007.

[250] Human Rights Watch telephone interviews (names withheld), Mogadishu, June 1522, 2007.

[251] Human Rights Watch telephone interviews (names withheld), Mogadishu, June 1522, 2007.

[252]Baarista Hisbiga is a three-story building originally built for the former Somali Revolutionary and Socialism Party (SRSP) of Siad Barre. It contains an underground detention bunker which the Barre government used to detain political dissidents. It reportedly has seven to ten large rooms which can accommodate up to 200 people. The center is currently believed to be controlled by the National Security Agency.

[253] The detention center in Villa Somalia is apparently a single large underground hall. It is believed that the most valuable detainees are detained here. Human Rights Watch telephone interviews, Mogadishu, June and July 2007.

[254] Human Rights Watch telephone interviews with released detainees, Mogadishu, June 15-22, 2007.

[255] Human Rights Watch interview with former detainee, Mogadishu, May 24, 2007.

[256]"Parliament Speaker: Martial Law Over," Banadir.com.

[257] Human Rights Watch telephone interview with released detainee (name withheld), Mogadishu, June 20, 2007.

[258] The single bunker had four small air holes in the roof but no windows or lights. According to the witness, Ethiopian soldiers sometimes talked to the prisoners through these holes, saying "Hey al Qaeda" or "Hey Al-Shaabab." Human Rights Watch telephone interview (name and location withheld), June 20, 2007.

[259] Human Rights Watch telephone interview (name and location withheld), June 20, 2007.

[260] Human Rights Watch telephone interview (name and location withheld), June 20, 2007.

[261] According to eyewitness accounts, each room in Baarista Hisbiga is about 6x6 meters and can take up to 30 detainees. It has no running water, no fresh air, no windows, and is hot, humid and overcrowded. Human Rights Watch telephone interviews (names withheld), Mogadishu, June 15, 2007.

[262] Human Rights Watch telephone interview (name withheld), Mogadishu, June 15, 2007.

[263] Human Rights Watch telephone interview (name withheld), Mogadishu, June 15, 2007.

[264] Human Rights Watch telephone interview with a released detainee (name withheld), Mogadishu, June 15, 2007.

[265] Human Rights Watch telephone interview (name and location withheld), June 25, 2007.

[266] Human Rights Watch telephone interview with a relative (name withheld), Mogadishu, June 23, 2007.

[267] Human Rights Watch telephone interview (name withheld), Mogadishu, July 30, 2007.

[268] Human Rights Watch telephone interview (name withheld), Mogadishu, July 30, 2007.

[269] Human Rights Watch interviews with dozens of eyewitnesses, Nairobi, Galkayo, Bosaso, Hargeysa, and Mogadishu, AprilMay 2007.

[270] Human Rights Watch interviews, Galkayo, May 2, and Nairobi, May 29, 2007.

[271] Human Rights Watch interviews, Galkayo, May 12, 2007.

[272] For a media description of the fighting see Jonathan Clayton, "War-scarred Mogadishu plunges back into the abyss,"Times, April 2, 2007, http://www.timesonline.co.uk/tol/news/world/africa/article1599965.ece (accessed July 11, 2007).

[273] Human Rights Watch interview with 37-year-old displaced man (name withheld), Galkayo, May 1, 2007.

[274] The original French description was "Du quartier Tawfiq jusqu' l'usine de spaghettis, dans un large primtre autour du stade, le pilonnage thiopien l'artillerie lourde et aux roquettes Katioucha ne s'est pratiquement pas interrompu, plusieurs jours durant. Dans ces quartiers, tous les btiments ont t touchs, y compris l'hpital Arafat, dont la faade et les communs portent d'immenses trous bants, et o des patients et des mdecins ont t blesss par des clats. A prsent, dans cette partie de Mogadisciu, des dizaines de milliers de personnes fuient en longues colonnes humaines." Rmy, "Entre deux bombardements," Le Monde.

[275] Human Rights Watch interview (name withheld), Galkayo, May 2, 2007.

[276] Human Rights Watch interview with 35-year-old displaced man (name withheld), Galkayo, May 1, 2007.

[277] "Somalia: End Indiscriminate Attacks in Mogadishu," Human Rights Watch news release, April 7, 2007, http://hrw.org/english/docs/2007/04/05/somali15666.htm.

[278]Sahal Abdulle, "Sporadic clashes in Mogadishu amid truce talks," Reuters, April 13, 2007.

[279] Human Rights Watch interviews with various eyewitnesses, Mogadishu and Nairobi, AprilMay 2007. Photographs on file with Human Rights Watch.

[280] "Suicide bomb and market attack in Mogadishu," Reuters, April 19, 2007, reproduced at http://www.newssafety.com/hotspots/countries/somalia/alertnet/somalia190407.htm (accessed July 9, 2007).

[281] Human Rights Watch interview (name withheld), Mogadishu, May 24, 2007.

[282] Human Rights Watch interview (name withheld), Galkayo, May 2, 2007.

[283] Human Rights Watch interviews with various witnesses (names withheld), Galkayo, Nairobi, and Mogadishu, AprilMay 2007.

[284] "Suicide car bomb targets an Ethiopian military base in southern Somalia," Shabelle Media Network, April 24, 2007,http://www.shabelle.net/2007/April/n11385.htm (accessed July 9, 2007).

[285] Human Rights Watch interviews (names and details withheld), May 24, 2007.

[286] Ramadan Hotel is owned by Somali businessman Abubakr Omar Aden, who is alleged to be one of the principal financiers of the Islamic Courts. "Prominent Somali Businessman Denies Ties to Terrorism, Calls for New Government," Associated Press, February 18, 2007, reproduced in Somaliland Times, http://www.somalilandtimes.net/sl/2006/266/21.shtml (accessed August 2, 2007). For details on the April fighting around the Ramadan Hotel, see "Somalia: Heavy fighting rages in capital," BBC Monitoring Newsfile, April 21, 2007, from HornAfrik online.

[287] "Premier claims Somali 'victory,'" BBC News Online.

[288] For a description of the second round of fighting from April 18 to 26 see Martin Fletcher, "The warlords of death return to steal city's brief taste of peace," Times, April 26, 2007, http://www.timesonline.co.uk/tol/news/world/africa/article1706367.ece (accessed July 11, 2007).

[289] Human Rights Watch interview (name withheld), Nairobi, April 27, 2007.

[290] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[291] Human Rights Watch interview with 50-year-old displaced man, Galkayo, May 2, 2007.

[292] The victims were Hawa Mahamed Osman, mother, age around 40; Zakaria Abdi Mohamood, 9; Fatuma Abdi Mohamood, 7; Yunus Abdi Mohamood, 5; and Abdirisaq Abdi Mohamood, 3. Human Rights Watch interview with 24-year-old displaced woman (name withheld), Galkayo, May 1, 2007.

[293] Human Rights Watch interview with 24-year-old displaced woman (name withheld), Galkayo, May 1, 2007.

[294] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007.

[295] Human Rights Watch interview with 75-year-old displaced man, Galkayo, May 1, 2007.

[296] Human Rights Watch interview with medical staff (name withheld), Mogadishu, May 21, 2007.

[297] Human Rights Watch interview with medical staff (name withheld), Mogadishu, May 22, 2007.

[298] Human Rights Watch interview (name withheld), Galkayo, May 1, 2007. She was living with her two children in one of the heavily affected areas of the fighting, Hamar Bile.

[299] Human Rights Watch interview with 19-year-old displaced woman (name withheld), Galkayo, May 1, 2007.

[300] Human Rights Watch interviews, Nairobi and Mogadishu, AprilMay, 2007.

[301] Human Rights Watch interview with 42-year-old mother of seven from Towfiq neighborhood, Galkayo, May 1, 2007.

[302] Human Rights Watch interview with a Livestock Market resident (name withheld), Mogadishu, May 24, 2007.

[303] Human Rights Watch interview with displaced man (name withheld), Galkayo, May 1, 2007.

[304] Human Rights Watch interview with displaced man (name withheld), Galkayo, May 1, 2007.

[305]Human Rights Watch interview with 65-year-old "Abdullahi," Galkayo, May 2, 2007.

[306] Human Rights Watch interview (name withheld), Mogadishu, May 24, 2007.

[307] Human Rights Watch interview (name withheld), Nairobi, April 25, 2007.

[308] "Somalia: Displaced trickle back to war-ravaged Mogadishu," IRINnews, May 2, 2007, http://www.irinnews.org/Report.aspx?ReportId=71902 (accessed August 4, 2007).

[309] "UN receives Somalia aid promise," Al Jazeera.net, April 25, 2007, http://english.aljazeera.net/NR/exeres/0DE11281-890F-40A8-B340-5F363C16BD9B.htm (accessed July 10, 2007).

[310] Human Rights Watch interviews, Nairobi, Galkayo, Hargeysa, and Bosaso, April-May 2007.

[311] Human Rights Watch interview (name withheld), Nairobi, April 28, 2007.

[312] Human Rights Watch interview (name withheld), Nairobi, April 28, 2007.

[313] Human Rights Watch interview (name withheld), Nairobi, April 25, 2007.

[314] Human Rights Watch interview with 35-year-old displaced man, Galkayo, May 1, 2007.

[315] Human Rights Watch interview (name withheld), Hargeysa, May 10, 2007.

[316] TFG officials have repeatedly called for the deployment of regional and international forces in Somalia to support the weak transitional government. On June 14, 2006, after long disagreement, the Somali parliament voted for the deployment of African Union troops "no matter what country they are from." "Somalia: Parliament votes in favor of foreign peacekeepers," IRINnews, June 15, 2007, http://www.reliefweb.int/rw/RWB.NSF/db900SID/LSGZ-6QSE39?OpenDocument (accessed July 18, 2007).

[317]See generally the discussion of the applicability of international humanitarian law to non-state armed groups in ICRC, Customary International Humanitarian Law, pp. 497-98.

[318] Article 3 of the First, Second, Third, and Fourth Geneva Conventions. Somalia became a party to the Geneva Conventions in 1962. Ethiopia became a party to the Geneva Conventions in 1969.

[319] Convention (IV) Respecting the Laws and Customs of War on Land and the Annexed Regulations Concerning the Laws and Customs of War on Land of 18 October 1907 (Hague Regulations), 3 Martens Nouveau Recueil (ser. 3) 461, 187 Consol. T.S. 227, entered into force January 26, 1910.

[320] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, 1125 U.N.T.S. 3, entered into force December 7, 1978. Somalia is not party to Protocol I. Under article 96 of Protocol I, non-state actors may commit, under certain specific circumstances, to apply the Geneva Conventions and the protocols if they declare their willingness to do so to the Swiss government.

[321] See Yorem Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge: Cambridge University Press, 2004), pp. 10-11 (the "Hague Convention (IV) of 1907 has acquired over the years the lineaments of customary international law" and "[m]uch of the Protocol may be regarded as declaratory of customary international law, or at least as non-controversial"). See generally ICRC, Customary International Humanitarian Law.

[322] One important difference relates to reprisals, which are permitted in very limited circumstances during international armed conflicts but not in non-international armed conflicts.

[323]See Protocol I, arts. 48, 51(2), 52(2).

[324] Ibid.I, art. 48.

[325] Ibid., art. 52(1).

[326] Ibid., art. 52.2.

[327] ICRC, Customary International Humanitarian Law, rule 8, citing military manuals and official statements.

[328] See Protocol I, art. 51(4).

[329] Ibid., art. 51(5)(a).

[330] Ibid., art. 51(5)(b).

[331] ICRC, Commentary on the Additional Protocols, p. 684.

[332] Protocol I, art. 57.

[333] Ibid., art. 52(3).

[334] Ibid., art. 57(2).

[335] Ibid., art. 57(2).

[336] Ibid., art. 57(2).

[337] Ibid., art.57(3).

[338] Ibid., art. 58(b).

[339] Ibid., art.58(a).

[340] Ibid., art. 57(7).

[341] Ibid., arts. 57, 58.

[342] See ICRC, Customary International Humanitarian Law, p. 554.

[343] Ibid., rule 153.

[344] Ibid., rule 158.