II. Ethiopia's military action against the Union of Islamic Courts and others in Somalia: Some legal implications

International and Comparative Law Quarterly

Volumn 56, Issue 3, 2007, Pages 666-676

  Yihdego, Zeray W ^a  

^a OXFORD BROOKES UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 34548051816     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1093/iclq/lei188     Document Type: Article

References (97)

1. 'Timeline Ethiopia-Somalia', BBC News (1 Jan 2007) at
2. UN Security-Council Resolution 1724/2006 (29 Nov 2006)
3. on the nature of the UIC see, eg, A Ryu, 'Former Members of Radical Somali Group Give Details of Their Group' VoA (6 Jan 2007). Shabbab (a radical Muslim group secretly established by UIC leaders) members disclosed that the purpose of their organization was to fight the enemies of Islam; they were given 'detailed instructions on how to make roadside bombs, car bombs, and suicide vests, using explosives material cannibalized from various weapon systems'.
4. 'Security Council Approves African Protection Force in Somalia' UN News Service (6 Dec 2006); Security Council Resolution 1725/2006.
5. PM Zenawi of Ethiopia, Press Conference (n 28).
6. NF Dahir, 'Somalia: Victory near at militants hideout' The Associated Press (8 Jan 2007);
7. 'By Dawn the Islamists were Gone' The Economist (4 Jan 2007).
8. 'Al-Qaeda call for Somalia Jihad' BBC News (5 Jan 2007).
9. 'US Strike Targets Al-Queda in Somalia' The Associated Press (8 Jan 2006);
10. see also 'Securing Somalia' The Washington Times (7 Jan 2007);
11. 'Kenya Hands Over 40 Islamists to Somali Government' WIC (21 Jan 2007).
12. 'US Strike Targets Al-Queda in Somalia' ibid.
13. See Arab League's statement (n 39).
14. 'Minister says Ethiopia Concludes Operation against Terrorists Efficiently, Effectively' Ethiopian News Agency (9 Jan 2007);
15. 'Ethiopia Pulls Troops out of Southern Somalia' Sudan Tribune (18 Jan 2006).
16. C Lynch, 'UN Report Cites Outside Military Aid to Somalia's Islamic Forces' Washington Post (15 Nov 2006) A13;
17. see also 'Who Supports Who' BBC News (28 Dec 2006) at
18. for the involvement of foreign fighters and Ethiopian rebels see (n 17);
19. see also UN Panel Report (n 50).
20. See (n 23).
21. See eg A Cassese, International Law (2nd edn, OUP, Oxford, 2005) 368-71.
22. ibid 370-1.
23. In Res 1744/2007 for instance the UN SC reiterated its support for the Federal Transitional Government of Somalia; for the AU's position see (n 32)
24. the EU also supported the Federal Government since its inception, see .
25. For the facts see D Shinn, 'Stabilizing Somalia and Ethiopia's Role: Key Points' (2 Jan 2007) at
26. see also 'SOMALIA: Ethiopian Troops Roll In' (2006) 43 Africa Research Bulletin: Political, Social and Cultural Series (ARB-PSCS) 16723B-16725A;
27. see also 'SOMALIA: Fight For The Capital' (2006) 43 ARB-PSCS 16635A-16636C.
28. See I Brownlie, Principles of International Law (6th edn, OUP, Oxford, 2006) 708;
29. see also Cassese (n 12) 368ff.
30. 'Terrorists from Canada, UK, and Pakistan Captured in Somalia: Zenawi' The Associated Press (9 Jan 2007);
31. see also J Gettleman, 'Eight Eritreans Captured Carrying Briefcases Packed with Cash' New York Times (3 Jan 2007);
32. see Ryu (n 1): 'Hassan (former Shabbab member) says about 25 Arabs fought alongside him and other Shabbab members there'.
33. See eg Y Dinstein, War, Aggression and Self-Defence (4th edn, CUP, Cambridge, 2005) 219-43, see in particular 204-5.
34. See eg Brownlie (n 16) 713-4;
35. see also ibid 236-7.
36. See also for general statements SC Res 1189/1998, SC Res 1269/1999, SC Res 1377/2003;
37. see eg the position of the GA, 'Measures to Eliminate International Terrorism', GA Res 57/27/2003, para 7
38. see also GA Res 54/109/2000, Annex. 'International Convention for the Suppression of the Financing of Terrorism', para 10
39. see eg the response of the Council to terrorist attacks in Istanbul of 15 and 20 Dec 2003, SC Res 1516/2003, para 2
40. see also C Gray, The Use of Force in International Law (2nd edn, OUP, Oxford, 2004) 164-5.
41. Dinstein (n 18) 237.
42. 'Ethiopian parliament authorizes "all necessary" steps against Somalia's UIC' People's Daily Online (30 Dec 2006) at , adopted by a 311 to 99 vote with 16 abstentions.
43. G Dawit, 'A Critical and Timely Resolution to Defend our Sovereignty' The Ethiopian Herald (3 Dec 2006).
44. 'MP's View on Somalia' The Ethiopian Reporter (3 Dec 2006).
45. Shinn (n 15).
46. S McCrummen, 'Many Ethiopians see PM's talk of war as ploy to tighten grip' Washington Post (20 Dec 2006).
47. Shinn (n 15).
48. J Gettleman, 'Ethiopia Hits Somali Targets, Declaring War' International Herald Tribune (24 Dec 2006).
49. ibid.
50. UN Doc S/PV 5579 (6 Dec 2006) 2
51. the Special representative of the Secretary-General Mr Francuis Fall had also reported to the Council that Res 1725 was welcomed by the transitional Government but rejected by the UIC (UN Doc S/PV 5614 (26 Dec 2006) 1).
52. 'UN Envoy Seeks Security Council Action for Somalia' CNN News (27 Dec 2006) at .
53. UN Doc S/PV 5633 (20 Feb 2007) 1 and 3. Resolution 1744 (2007) was adopte unanimously.
54. 'Ethiopia Urged to Leave Somalia' BBC News (27 Dec 2006) at .
55. 'Press Statement on the Situation in Somalia African Union Peace and Security Council' (8 Jan 2007, Addis Ababa, Ethiopia) at .
56. 'Humiliated Eritrea Blames U.S. for Somali War' Afrol News (3 Jan 2007).
57. A Talbot, 'US Backs Ethiopia's Invasion of Somalia' (28 Dec 2006) at
58. see also B Slavin, 'U.S. Support Key to Ethiopia's Invasion' USA Today (8 Jan 2007).
59. 'U.S. strike targets at Qaeda in Somalia' The Associated Press (8 Jan 2007).
60. A England, 'Ethiopia 'holding suspects' after US Air Strike' Financial Times (10 Jan 2007).
61. eg the Arab League criticized the US 'claiming it had killed "many innocent victims" and demanding that Washington refrain from further attacks', ibid;
62. see also 'Somali Elders Say about 100 Killed in US, Ethiopian Air Strikes' ABC News Online (12 Jan 2007) at
63. see also 'EU criticizes alleged US airstrike in southern Somalia' (9 Jan 2007) at , 'the European Commission on Tuesday criticized the reported United States airstrike against a suspected al-Qaeda cell in southern Somalia, calling it counterproductive to peace efforts for the war-torn African country'. While there was a risk of foreign extremists operating from Somalia, 'any incident of that kind is not helpful in the long-term'.
64. Lord Triesman, 'Int'l community needs to understand why Ethiopia launches counterattacks on fundamentalists' (8 Jan 2007) .
65. GAK Alaghbari, 'Threat not Ambition that Drives Ethiopia into War' Ethiopian News Agency (17 Jan 2007).
66. AO Yusuf, 'Djibouti Urges Ethiopia to Pull Its Troops Out' Shabelle Media Network (Mogadishu) NEWS (8 Jan 2007).
67. See, eg, SC Res 1725/2006.
68. See for the facts Shinn (n 15).
69. Dinstein (n 18) 205-6.
70. It is noted that terrorist attacks 'may amount to an armed attack within the meaning of Art. 51 of the UN Charter', and the exercise of self-defence against such attacks 'have to take place in the territory of a state where the attackers are headquartered or have taken refuge'; for detailed discussion on the terrorism versus the use of force see Cassese (n 12) 463-81.
71. See, eg, for general consideration of the requirements Dinstein, ibid 237.
72. See, eg, Shinn (n 15).
73. See, eg, Cassese (n 12) 374.
74. 'UN Report Says 10 Nations Violating Arms Embargo in Somalia, Potential High for War' Associated Press (15 Nov 2006);
75. see also notes 10 & 17;
76. see in particular Ryu (n 1), Abdi (Shabbab member) says 'he and several hundred other standout students were flown to Eritrea and given an additional two-month advance training in explosives and guerrilla war fighting tactics'; he added that his instructors for making roadside bombs, car bombs, and suicide vests, etc 'were a mix of Somali and Eritreans'.
77. UN Doc S/2006/913 (22 Nov 2006) para 32.
78. ibid para 39, clarification added.
79. ibid para 37.
80. ibid para 42.
81. Case Concerning Military and Paramilitary Activities in and against Nicaragua (Merits) [1986] ICJ Rep 103.
82. ibid 65;
83. yet the ICTY adopted a lower threshold for the element of 'control' in Prosecutor v Tadić Judgment, ICTY Case No IT-94-1-A, Appeals Chamber, 1999, 38, 1545.
84. Now see Application of the Convention for the Prevention and Punishment of Genocide [2006] ICJ Rep, paras 396-401, reaffirming the Nicaragua judgment (n 54).
85. (n 50) para 25;
86. see also paras 43, 32 and 28 of the same Report; Sheikh Aweys was both the spiritual and operational leader of the UIC.
87. Ago, as quoted by Dinstein (n 18) 240, rightly underlined that: 'it would be mistaken ... to think that there must be proportionality between the conduct constituting the armed attack and the opposing conduct ... What matters ... is the result to be achieved by the "defensive" action, and not the forms, substance and strength of the action itself'.
88. See preambular paragraphs of the Resolution.
89. ibid opera paras 4 (a), (b), (c), (d), and (e).
90. ibid opera paras 6 (a) and (b).
91. ibid opera paras 6 and 7.
92. ibid opera para 8.
93. See (n 34);
94. see also 'AU Calls for Urgent Funding for Peace Mission' The Ethiopian Herald (1 Mar 2007).
95. 'First AU peacekeepers arrive in Mogadishu' Reuters (6 Mar 2007).
96. 'SOMALIA: A tortuous road ahead in search of peace' IRIN (12 Mar 2007), a government official confirmed that the remaining troops 'will be out in a very short time'; 'Somalia AU plane "catches fire'" BBC News (9 Mar 2007), eg 'reports from Kismayo say some 2,000 Ethiopian soldiers withdrew from the port city on Thursday and were seen heading to Baidoa'
97. see also 'Ethiopia Starts Somalia Pull-out, BBC News (23 Jan 2007).