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Legal experts warn Ethiopia’s continued presence in Somalia violates international law

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Legal experts warn Ethiopia’s continued presence in Somalia violates international law

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Thursday, August 22, 2024


Ethiopian troops of the African Union Transition Mission in Somalia (ATMIS) are honored during a ceremony in Beledweyne on August 23, 2003. Photo credit: ATMIS

MOGADISHU (HOL) — Ethiopia’s continued military presence in Somalia could soon violate international law if Somalia sticks to its decision to exclude Ethiopian troops from future peacekeeping missions, legal experts say.

Abdullahi Mohamed Abdullahi, an expert in international and maritime law, told the BBC that there is “no legal basis for Ethiopian troops to continue to remain on Somali territory” after the end of the African Union Transitional Mission in Somalia (ATMIS), adding that such actions would violate Somalia’s sovereignty and territorial integrity under international law.

In June, Somalia’s National Security Advisor Hussein Moalem announced that all Ethiopian troops Must leave By the end of 2024, when the ATMIS mandate expires, the military deployment to Somalia will be complete. However, some Somali regional states, including Southwest and Jubaland, have already be opposed to This decision. Jubaland Vice President Mohamed Said Adan, debate The withdrawal of Ethiopian troops could create a security vacuum that Al-Shabaab could exploit and increase instability.

Somalia and Egypt recently solidification Prior to the ATMIS agreement, Egypt and Djibouti signed a defense and security agreement to strengthen their alliance. According to recent reports, Egypt and Djibouti have also pledged to provide substantial support for ATMIS. coming soon The African Union Support Mission in Somalia (AUSSOM) has also expressed concern about Ethiopia’s actions in Somalia. The defense agreement marks a deepening of military cooperation and indicates a shift in regional power dynamics.

Ahmed Ali Saki, a researcher and lecturer at the University of Hargeisa, believes Ethiopia’s stance may also be influenced by concerns about Egypt’s growing involvement in Somalia. Ethiopia and Egypt have long been at odds, particularly over the Nile River, and Ethiopia may see Egypt’s support for Somalia as a strategic threat.

In response to these developments, Ethiopia has asserted its right to conduct military operations inside Somalia without seeking permission from the Somali authorities. Last week, Ethiopian Foreign Ministry spokesman Nebiyu Tedela stressed this position at a press conference, saying Ethiopia would continue to take “necessary actions” to protect its interests from what he called “the strengthening of al-Shabaab” and other threats.

“Ethiopia will continue to intensify its diplomatic efforts to ensure reliable and Secure Access “Nothing can stop Ethiopia from taking necessary actions independently. Ethiopia and its regional governments will insist on coordinating with all neighboring countries. Ethiopia will not allow any opposition forces that threaten its interests to emerge in Somalia. It will continue to take planned actions to protect its national interests,” Tedra said.

Ethiopia’s Foreign Ministry has called for “careful selection” of countries contributing troops to the new African Union Support Mission in Somalia (AUSSOM) to avoid heightened tensions in the Horn of Africa.

Abdullahi Mohamed Abdullahi believes that such actions could further strain relations between the two countries and trigger international legal challenges. He pointed out: “Ethiopia’s continued presence in Somalia without the consent of the Somali government may be regarded as a violation of international law, especially the sovereignty and territorial integrity of Somalia.”

The potential legal implications of Ethiopia’s military action stem from a controversial Memorandum of Understanding (MoU) signed between Ethiopia and Somaliland in January 2024. The agreement allowed Ethiopia to use 20 kilometers of Somaliland’s Red Sea coastline in exchange for possible recognition of Somaliland’s independence – a deal that the Somali government denounced as an illegal infringement of its sovereignty.

Somalia responded swiftly and harshly, expelling Ethiopian Ambassador Muktar Mohammed and ordering the closure of Ethiopian consulates in Somaliland and Puntland. The Somali government made it clear that as long as Ethiopia continued to violate its sovereignty, it could not be regarded as ally Improve security.

In addition, Somalia defendant Ethiopia smuggles illegal weapons into its territory, fueling tribal conflicts and strengthening al-Shabaab. In July 2024, Somali security forces intercepted two trucks loaded with illegal weapons near the Ethiopian border, leading to violent clashes with local militias. Somali officials insist the weapons were smuggled from Ethiopia, although Ethiopian authorities Denied Any involvement.

Nevertheless, Hussein Muallem insisted that Somalia Will not accept Ethiopia’s participation in any Future Mission This could replace ATMIS amid tensions between the two countries.

In recent months, Ethiopia has carried out several unauthorized Military invasion In June 2024, Ethiopian troops entered the Hiran region of Somalia. Without official permissionalerting local residents and Somali officials. Second time Ethiopian troops entered the region a month ago, raising concerns about Ethiopia’s intentions and its disregard for Somalia’s sovereignty.

These Invasion The situation has heightened tensions. Somalia believes that the Ethiopian military’s actions are part of a broader strategy to maintain its presence in Somalia despite the upcoming expiration of the ATMIS mandate. Residents of the affected areas have expressed great anxiety about the presence of large numbers of Ethiopian soldiers, especially without official notification from the Somali government or regional administrations.

Efforts to resolve the growing tensions between Somalia and Ethiopia through diplomatic channels have so far been unsuccessful. Turkey, as a mediator, facilitated two rounds of talks this summer, but neither resulted in an agreement. The main sticking point was Ethiopia’s refusal to scrap its memorandum of understanding with Somaliland. A third round of talks is scheduled for September 17 in the hope of preventing further escalation.

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