A Public-Safety and Legal Awareness Message During Counter-Terrorism Operations
Mohamed Abdullahi Khalif | Prosecutor
27 September 2022 | Somalia
Overview
On 27 September 2022, I delivered a strong public warning concerning civilians travelling to, remaining in, or seeking services from areas controlled by Al-Shabaab at a time when active hostilities were taking place between the group and the Federal Government of Somalia.
The warning was issued in the context of ongoing counter-terrorism operations and was intended primarily to protect civilians from placing themselves in areas of extreme danger.
At the time, Somali security forces had intercepted approximately ten individuals who were travelling towards areas where Al-Shabaab was present. According to the circumstances available to us, the individuals were travelling there because they intended to take disputes or complaints to institutions operated by the group.
The authorities intervened before they reached those areas. An important concern was their safety: by deliberately travelling into an active conflict environment, they risked being caught in hostilities while in locations associated with an armed group that was itself the subject of ongoing military operations.
The incident highlighted a broader problem. Some members of the public were continuing to travel to Al-Shabaab-controlled areas to seek decisions or dispute resolution from structures operated by the group, despite the existence of courts and lawful institutions established within Somalia.
My warning therefore addressed both public safety and respect for lawful judicial institutions.
I urged civilians not to travel to areas where Al-Shabaab was operating and not to place themselves among members of the group during an active conflict. Such locations could become extremely dangerous without warning, and civilians who voluntarily entered them risked being caught in hostilities and suffering serious consequences.
The message was also intended to challenge the perception that Al-Shabaab's parallel structures should be treated as legitimate alternatives to Somalia's lawful courts. Members of the public with disputes or grievances should seek remedies through the country's recognised legal and judicial institutions rather than travelling into dangerous areas controlled by an armed group.
I further warned that travelling into such areas could also expose individuals to legal scrutiny. Where security forces encountered people in areas associated with Al-Shabaab, the circumstances of their presence could require investigation, and where evidence established criminal conduct, the matter could be referred to the competent judicial authorities in accordance with the law.
The central message was therefore straightforward:
Civilians should not put their lives at risk by travelling into active conflict areas or seeking services from institutions operated by Al-Shabaab. They should instead use Somalia's lawful courts and government institutions for their disputes and legal claims.
The warning also emphasised the practical consequences of entering an active conflict environment. Areas in which armed actors are operating can become scenes of hostilities, and civilians who enter or remain in such locations may expose themselves to grave danger.
The purpose of the message was not to diminish the protection owed to civilians. Rather, it was to prevent civilians from knowingly placing themselves in environments where active hostilities could endanger their lives, while also making clear that suspected unlawful involvement with an armed group may be investigated through the legal process.
For me as a prosecutor, the incident demonstrated that counter-terrorism work is not limited to prosecution after an offence has occurred. Public legal awareness and prevention are also important. Where foreseeable risks can be communicated in advance, a clear public warning may help protect lives, discourage engagement with unlawful structures, and direct citizens towards legitimate judicial institutions.
Courtroom & Public Warning Video
Original Language: Somali
Date: 27 September 2022
Speaker: Mohamed Abdullahi Khalif
Role: Prosecutor
Subject: Public Safety, Conflict Areas and Legal Awareness
The video below contains the warning delivered concerning civilians travelling to areas where Al-Shabaab was operating during ongoing hostilities.
The original presentation was delivered in Somali. An English transcript and translation can be provided below for international viewers.