Laws of War and Human Rights Violations by Ethiopian Military Forces

As of early 2007, ENDF troops had a reputation among many Somalis interviewed by Human Rights Watch for being admirably disciplined in their day-to-day interactions with Somali civilians, even if most Somalis resented their presence in the country.[143] That discipline has been allowed to erode severely. Ethiopian forces have been implicated in numerous violations of the laws of war, including acts by individuals that amount to war crimes. They have indiscriminately bombarded populated areas with mortar shells, artillery, and rockets. They have increasingly responded to insurgent ambushes and other attacks by firing indiscriminately at anyone and everyone in the general vicinity. And incidents of killing, rape, and looting involving ENDF personnel have greatly increased.

Indiscriminate Attacks

Rockets, Mortars, and Artillery

ENDF forces in Mogadishu have routinely and indiscriminately bombarded populated residential areas of Mogadishu since March 2007. They have made regular use of "Katyusha" rockets in Mogadishu, often fired from BM-21 "Grad" multiple-rocket-launchers.[144] Their use in populated urban environments is inherently indiscriminate, in violation of international humanitarian law.

The crushing impact of these bombardments on Mogadishu residents has been well-documented.[145] Nonetheless, there is no evidence that Ethiopian forces have in any way curtailed them.

Ethiopian forces carried out similar indiscriminate bombardments in fighting in the strategically important town of Beletweyne. In July 2008 Al-Shabaab fighters launched mortar shells against ENDF troops stationed at a base just outside Beletweyne unlawfully using the town's civilian population as cover.[146] ENDF forces responded by indiscriminately bombarding large swathes of the western districts of the town for three days beginning on July 24.[147] Humanitarian organizations estimated that at the end of July, 74,000 people-more than 75 percent of the town's population-had been displaced as a direct result of the bombardment and related fighting.[148]

Indiscriminate Gunfire

There have been increased reports in 2008 of Ethiopian forces responding to insurgent ambushes and other attacks by firing indiscriminately into populated areas. Incidents of indiscriminate ENDF fire that claimed civilian lives appear to have occurred with increasing frequency, particularly in Mogadishu, Baidoa, and along the Mogadishu-Afgooye road.

One of the most notorious incidents of 2008 occurred on August 15 when an ENDF convoy was struck by a roadside bomb along the Mogadishu-Afgooye road, home to hundreds of thousands of displaced persons from Mogadishu and a frequent site of armed clashes. Ethiopian soldiers in the convoy responded by firing wildly in all directions, and when the shooting stopped at least 40 Somali civilians were dead, including the passengers of two public minibuses.[149] Human Rights Watch put these allegations to the Ethiopian Embassy in Washington, DC, which responded that a thorough investigation had demonstrated the civilian casualties were the result of a roadside bomb planted by insurgents. As of the time of writing, no evidence to support this version of events, which is contrary to all other credible eyewitness accounts, has been made public by the Ethiopian government.[150]

Many similar incidents have been reported, often in the immediate aftermath of insurgent attacks on ENDF personnel. In late March or early April, another incident near Afgooye saw an ENDF convoy hit by a roadside bomb. A witness to the incident told Human Rights Watch that ENDF soldiers responded by "spraying bullets" in all directions. Most people in the area escaped but several were cut down by ENDF gunfire that continued for about 10 minutes. "When we came back, we came face to face with dead and injured people," the witness recalled. "One of the bodies had one of the hands shot off."[151] On April 30 ENDF troops in Baidoa reportedly opened fire wildly after their convoy was struck by a roadside bomb, killing several civilians.[152]

The descriptions that emerge from interviews with witnesses to these incidents indicate that the indiscriminate shooting by Ethiopian soldiers in response to insurgent attacks reflects poor discipline rather than criminal intent. ENDF troops rotated into Somalia from the end of 2007 were reportedly less experienced and well-trained than the soldiers they replaced. This, combined with the escalating daily violence, may have contributed to an overall breakdown in discipline and misuses of force causing civilian casualties.[153] At the same time, there have been no reported instances where ENDF soldiers have been investigated or held accountable for possible war crimes. This absence of accountability of Ethiopian soldiers has doubtlessly contributed to violations of international humanitarian law by Ethiopian forces.

Assault, Rape, Killings, and Looting

ENDF soldiers have been implicated in serious violations of human rights and humanitarian law against Somali civilians with increasing frequency since the end of 2007.[154] In Mogadishu, many of these abuses are not committed by Ethiopian soldiers acting alone but during joint operations with TFG security forces. Somalis interviewed by Human Rights Watch recounted horrifying accounts of ENDF abuses in 2008, including assaults, rape, killings, and looting.

Following a clash between EDNF troops and insurgent fighters in northern Mogadishu in April 2008, TFG and ENDF forces cordoned off an area around the site and began conducting house-to-house searches. A 22-year-old man from Mogadishu told Human Rights Watch:

Some Ethiopian and government soldiers came to our house and said, "Where are you hiding them [the insurgents]?" We said we were not hiding anyone, and that's when they shot my father. He was just explaining to them that we did not see the people they are looking for and that we had been in the house all day, and they shot him, telling him he was lying. They shot him in the chest. My sister and mother were screaming at me to leave the place. But I wanted to resist, and I said, "Why are you doing this?" but they started beating me with the back of their guns.

The young man and his family were members of a minority clan that traces its ancestry partly back to immigrants from Portugal and so were unusually light skinned. The Ethiopian soldiers began joking that the young man's two sisters and mother looked more like Eritreans than Somalis. With the family's father lying dead on the floor in front of them, several Ethiopian soldiers took turns raping the three women. "And I was sitting there helpless," the young man said. "They started raping my sisters and they were screaming. They were there for almost three hours. I saw them raping my mother in front of me…I could not help my mother or help my sisters." At his mother's insistence, he left Mogadishu the next day.[155]

Human Rights Watch interviewed a farmer who had fled his home in the outskirts of Beletweyne when fighting between Al-Shabaab and ENDF forces erupted there in July. He boarded a truck with others heading towards Somaliland along a back road[156] but they were soon stopped by a group of ENDF soldiers:

They stopped our car and said we are hiding some of the people they are looking for. We came out of the truck and they started searching. When they saw that there were two pretty girls with us they just took them. There was nothing we could do to resist. They did not even ask anything, they just grabbed them and started going with them. The girls were crying but the soldiers were slapping them and dragging them across the ground.

We waited for them. I was hearing their screams and cries, they were just near to us. They shot one girl because she was screaming a lot. We took the dead body and buried her. They shot her in the chest…The other girl did not want to talk about it but she said three of them were raping her at the same time.[157]

The truck and its passengers were then allowed to continue on their way.

In April 2008 one of the year's most widely publicized atrocities occurred during an ENDF raid on a mosque in northern Mogadishu. ENDF soldiers, operating jointly with TFG forces, reportedly killed 21 people during that raid, seven of whom were found with their throats cut. Amnesty International reported that the dead included Islamic scholars who were inside the mosque at the time of the raid. The soldiers also detained several dozen children who were present at the mosque at the time of the raid.[158] The Ethiopian government denied that these or any other serious abuses involving ENDF soldiers took place.[159] Following the April 2008 mosque killings the only Ethiopian government response was to issue a statement denying the allegations and declaring that their operation in the area had been "successful beyond expectation."[160] 

ENDF forces have also been implicated in acts of looting in Mogadishu, though these incidents do not appear to be nearly as common as those involving TFG forces. One former shopkeeper from Hodan in Mogadishu said that his shop was looted twice by joint ENDF and TFG patrols in late 2007.[161] A former merchant whose shop was in the Bakara market area said that another joint patrol looted his store in April 2008. And a prominent Hawiye political figure from Mogadishu told Human Rights Watch that some groups of ENDF soldiers went on looting sprees during search and seizure operations in 2008 prior to being rotated out of the country.[162]