Criminal Justice

A Somali Judge’s Assassination and the Struggles of a Tattered System

by Matt Kelley

categories: Court System, International Criminal Justice

Published November 19, 2009 @ 05:39AM PT

• 4779 Views

An excellent post yesterday from Daniel J Gerstle on the War and Peace blog offers important -- and highly personal -- background on the tragic story of a Somali judge’s recent assassination.

Judge Sheikh Mohamad Abdi Aware was shot and killed outside his mosque last week, allegedly by separatist leaders or pirates angry with him for handing down harsh sentences to pirates and criminal kingpins.

Daniel writes about the time he spent in Somalia conducting the first review of juvenile justice in the country got the UN. He writes that he struggled to come to grips with a weak, fledgling court system that was torn between traditional, Islamic and state law. His post makes clear the incredible courage of people like Judge Aware to stand up to violent factions when in an attempt to establish the rule of law in a war-torn land. Daniel writes:

Judge Aware's surviving colleagues have near their reach the reigns of law for northeastern Somalia. With success there, chances are better to bring greater rule of law to the south. But their number, those who can equally satisfy not only the state but also the Islamic and traditional leadership, which requires gravitas, are dwindling.

First-hand accounts like Daniel's are critical to understanding the challenges faced by courts in developing countries that have suffered the governmental breakdown of years of war. Even in a fully functioning democracy, the tension between Islamic Shariah law, common law and human rights can be difficult to navigate fairly and with cultural sensitivity. In a country like Somalia, where courts are fighting for legitimacy and relevance, this minefield can be nearly impossible.

Read Daniel's post here.