Thursday 20 October 2011

Kenya’s military strike on Somali soil justified..?

Whilst searching the internet for various legal matters on which to comment about in this blog, I came upon the news of two foreign aid workers and tourists, who were kidnapped in northern Kenya by Somali militants. Kenya has responded in military action and the issue is currently on going, I decided to write a little about the problem to try to shed some light on the situation and the acts and interests of the individual bodies that are involved.
Somalia; is a country located in eastern Africa on the horn of Africa, previously known as the Somali Democratic Republic under the Authoritarian socialist rule of Major General Mohamed Siad Barre. Somalia has possessed no permanent national government since the end of the dictator’s rule in 1991. (https://www.cia.gov/library/publications/the-world-factbook/geos/so.html)
In retaliation to the kidnappings of the foreign nationals, Kenya has advanced its military forces into southern Somalia pursuing the pair of foreign aid workers. (http://www.bbc.co.uk/news/world-africa-15349597)
The foreign minister of Kenya has accused Al-Shabab of being responsible for the kidnapping of the pair of aid workers who were taken from Dadaab the world’s largest refugee camp reportedly housing around 450,000 people who have fled the famine and conflict in the horn of Africa. Furthermore tourists were abducted from their homes and resorts by Somali militants in the Lamu Archipelago; a holiday paradise and one of Kenya’s most popular tourist destinations. (http://www.bbc.co.uk/news/world-africa-15332410)
This is frightful news as the abduction of aid workers helping refugees cannot be justified and reasoned in any possible way; it is a deliberate act of violence and terrorism. Additionally abducting tourists; a French woman who called Kenya her second home, suffering from cancer, a heart condition and confined to a wheelchair, who sadly passed away shortly after she was abducted (http://www.bbc.co.uk/news/world-africa-15365469). A husband murdered and wife kidnapped at a resort where they were on holiday, none of these brutal acts are logically reasonable.
Al-Shabab is a terrorist organization which controls the majority of southern Somalia, the militant group pledges loyalty to Al-Qaeda and has made declarations of war against the United Nations and Western non-governmental organizations, making it almost impossible for foreign food aid to reach the people suffering from famine and conflict in southern Somalia . (http://www.bbc.co.uk/news/world-africa-15336689)
This has ultimately dealt a major blow to Kenya’s tourism industry, on which it relies, to sustain a large portion of its economy. The tourism industry is vital to Kenya as it contributes to 10% of Kenya’s foreign exchange earnings (http://www.bbc.co.uk/news/world-africa-15237346). There is no doubt that foreign nationals will think twice about going on holiday to Kenya with insurgents kidnapping and murdering them in mind.
The tourism minister of Kenya, Najib Balala said; “This is a threat to our economy, a threat to our peace and stability and a threat to our lives” (http://www.bbc.co.uk/news/world-africa-15237346) in response to Somali pirates abducting tourists .It is evident that Kenya is inferring these heinous crimes with great severity and is retaliating in fold with military action in efforts of protecting its tourism industry and national sovereignty.
 Al-Shabab has blatantly denied its involvement in the kidnappings and has made public a stern warning; stating Kenya must withdraw from Somalia or face ‘bloody battles’. Al-Shabab spokesmen Ali Mahamud Rage has said: “We will defend ourselves. Kenya doesn’t know war. We know war. The tall buildings in Nairobi will be destroyed.”, furthermore “We have fought against governments older and stronger than Kenya and we have defeated them.” (http://www.bbc.co.uk/news/world-africa-15342091) Mr Rage’s message is defensive and bleak; his message is not aimed at diffusing the situation rather to incite further violence into it.
Nevertheless the Kenyan government remains adamant on Al-Shabab’s involvement in the kidnappings and is taking drastic measures to prevent such crimes from occurring on its soil. Whether Kenya’s retaliation is proportionate or not is a matter of opinion, however in the circumstances that they are faced with it is reasonable to say that they should take all necessary measures to safeguard their citizens and foreign nationals from militant groups coming into their territory and committing atrocities.
The Transitional Federal Government (TFG), the current internationally recognized government of Somalia (although they only control a small portion of the country) is attempting to stabilize the nation with the help of foreign aid, a daunting task with famine and conflict ravaging the nation. The government’s main opposition for power being Al-Shabab, who earlier this month were driven out of the capital Mogadishu by TFG forces aided by forces of the African Union Mission in Somalia relieving them of their stronghold. (http://www.bbc.co.uk/news/world-africa-15246093)
A solution must be found to these problems, in a continent like Africa which has a long history of civil war. I can only hope that this conflict reaches a peaceful conclusion and no more innocent lives are lost. Kenya’s step in pursuing the militant groups which are responsible for these crimes is a step forward in raising awareness of the dire situation in Somalia and hopefully will lead to the eradication of militant groups who thrive on the suffering of innocent human beings. Having said this it must be noted that Kenya, in its pursuance of the captured victims, has violated Somalia’s sovereignty. Whether or not Somalia is a Sovereign nation is a topic for another discussion.
 However what results of the conflict remains to be seen.

(Disclaimer: All credit for the news and facts go to the BBC.)

About me

I am currently studying law at Northumbria University, in Newcastle and hope to complete my LLM in International Trade law during this academic year. I hope to one day become a barrister and practice law. I think completing the LLM will bring me one step closer to achieving my goal.
 I am new to blogging this being the first time I have ever blogged. I hope it proves to be an educational experience as blogging is a requirement for the legal research module in the LLM.
 Personally sharing ones thoughts on the internet is quite a daunting task, but I can understand the general concept for why it is a requirement. The legal world is one that is constantly changing much like the real world and therefore the sharing of ideas and expression is essential to forming a solid understanding of its functions and keeping up to date with its changes.
Please feel free to comment on anything I post, whether to clarify a mistake I have made or to add something I have missed.
Happy reading (if you choose to). J