3.5.4: The War-Crimes Tribunal
3.5.4.1
The War-Crimes Tribunal will collect evidence and testimony concerning war crimes committed by the former socialist dictatorship in their programs of genocide and oppression of the Somali People that led to the War-of-Liberation between 1981 and 1991 as well as war crimes committed both during the War-of-Liberation and causing unnecessary starvation and deaths in the former Italian Somalia after January 1991. As sufficient evidence is available to open cases, the War-Crimes Tribunal may issue warrants for the arrest of suspected perpetrators of war crimes and initiate legal proceedings against them.
3.5.4.2
No Citizens or Residents of the Republic of Somalia may be arrested or punished due only to membership in clans or sub-clans that supported the atrocities committed by the former socialist dictatorship. Only the individual persons directly responsible for committing or ordering such war crimes may be arrested, convicted, or punished. It is the responsibility of the Government to protect members of clans and subclans who supported the oppressive socialist dictatorship from revenge by the Citizens who lost lives of relatives and property due to this oppression.
3.5.4.3
Both Citizens and Non-Citizens who are indicted by the War-Crimes Tribunal and can not be arrested, because they are not in the territory of the Republic of Somaliland, may be tried in absentia for any violations of international law, such as the UN Charter. Such cases for Non-Citizens may be appealed to the International Court of Justice in The Hague, Netherlands at the discretion and request of the sovereign nations to which these individuals are citizens.
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