Are Unauthorised US-Drone Attacks Amounts War Crimes or these are Biden’s Eid Gift for Somalian Civilians?

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By Afshain Afzal

President Biden ordered on Tuesday, 20 July, to carryout drone strike against As-Shabaab Muslim group in Somalia as Eid gift and opening of a new chapter of redeployment of US troops in Somalia. Interestingly, Pentagon has resumed airstrikes without seeking proper mandate from United Nations Security Council or legal permission from African Union Mission in Somalia (AMISOM) against the As Shabaab Muslim group. Leaving aside covert attacks, 20th July attacks are first ever since Joseph Biden took office as US President. Reports indicated that US fired dozens of missiles from high altitude Navy aircraft that were synchronised with guided drone machines at low altitude. Reports from locals said two women, a two years child and an elderly person were killed while 13 people were injured. US Defence Department claimed that Somali National Army troops were briefed about Al-Shabaab targets beforehand but Somali troops have neither acknowledged other than general briefing on Drone attacks capabilities from US Air force Station, Djibouti. Ground reports from target sites that the Eid celebrations with family and love ones turned into horrible scene of mourning. One such attack site was reportedly near Galkayo hit civilians worse.

There are reports that the Military bases that were returned to the Somali authorities, post withdrawal of US forces on the orders of President Trump have been re-acquired. US forces accompanying Somali forces were also reported at several occasions in the past but remained unconfirmed. There are reports that Somali leadership in exile have offered Washington military base in Somaliland if they are helped in getting rid of As Shabaab Muslim group. Member of US Africa Command (AFRICOM) did not confirm execution of series of joint operation by the ground forces in which US forces will remained deploy, assisted by drone strikes against As-Shabaab leaders involved in training, planning, and carrying out terrorist attacks. US military officers at the Somali capital Mogadishu also did not confirm US land deployment.

If we recall, under Chapter VII of the Charter of the United Nations Security Council announced its adoption of a resolution reauthorizing the African Union Mission in Somalia (AMISOM) until 31 December 2021and maintaining its overall 19,626 uniformed personnel level ahead of the phased handover of responsibilities to Somali security forces, planned for later in 2021. It authorizes the African Union Commission to finalize its independent assessment and urged it to mandate, in May 2021,for the implementation of the Somalia Transition Plan, implementing the necessary steps to ensure continued delivery of support to Somali security efforts in 2022. Further, the mission will conduct jointly-planned and targeted offensive operations with the SSF, to disrupt and degrade Al Shabaab and armed opposition groups, and to take actions to mitigate the threat posed by improvised explosive devices.

 

There are serious violations that US authorities have committed in ordering 20th July drone strike on civilian inside Somalia on the night immediately before Eid day. These account to deliberately attacking civilians population without authorisation or mandate by UNSC or African Union Mission in Somalia and such act according to international law make the committer liable for “State sponsored terrorism” and prosecution in International Court of Justice (ICJ) for War Crimes. There is no evidence that African Union Mission in Somalia had no knowledge who authorised the US to carryout these attacks. If permission is not the case can any country carry out the attack only other sovereign nation because United Nations Security Council announced its adoption of Resolution or in case of Somalia against As Shabaab and other Muslims groups. In addition, the African Union was suppose to keep the Security Council informed every 90 days, through the Secretary-General, on the implementation of AMISOM’s mandate but it is the missing link. United Nations Security Council must know every such attack that involve killings bombing civilian targets. You cannot kill the whole family or all those present in the house because there are technical evidence of presence of suspected target. Often such intelligence input as in case of Afghanistan, Iraq, Libya Syria, Egypt, Palestine and elsewhere proved wrong. It is high time that United Nations Organisation should stop legalising genocide of Muslims without warrant or judicial proceeding and compensate all those civilian killed in such authorization or violation of authorisation from those countries which committed war crimes.

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