The Islamic Courts Union (1) is a union of Sharia Courts which formed out of the Somali chaos of the 1990s to administer justice in the districts in which they were established. In 2000 they formed a union of Islamic Courts to consolidate resources and power, and to take decisions across clan lines. In February 2006, eleven Courts chose to pool their military resources in order to take over Mogadishu, and forming a rival administration both to the Transitional Federal Government (TFG) of Somalia and to warlordism.
1991 to 2006
After Siyad Barre’s exile in 1991, Somalia found itself without a political guide. Indeed, Somali government has met in exile for several years. And, with the passing of time, local management has been ruled by ill-famed warlords, who have done as they pleased. It followed many years of tragic chaos in which failed every state organization: Economic structure was completely vanished, due also to a strong famine which hit the country for several times, and basic commodities ran short.
In 2004, the IGAD (a political-commercial organization established by Africa’s Horn countries) nominated a Federal Parliament with a President (Abdullahi Yusuf Ahmed – Mr. Yusuf, the most powerful warlord) (2) and a Government (the Transitional Federal Government) of Somalia. Despite the attempt, this weak Institution was never able to rule the country, also because of Mogadishu warlords resistance – members of the government – who benefited by domestic situation to enhance their power.
So, to fill the gap at least in legal system, a form of Islamic Courts, funded through fees paid by litigants, was introduced in civil society. In the course of time courts have begun to offer other services, such as education and health care. To reduce crime, they also acted as local police forces, paid by local businessmen. So, each Court maintained a large militia to act as both police and military force.
As soon as the Courts began to assert themselves as the dispensers of justice, they came into conflict with the secular warlords. So, in reaction to the growing power of ICU, a group of Mogadishu warlords formed the Alliance for the Restoration of Peace and Counter-Terrorism (ARPCT). Then, since early days of 2006, in the name of an alleged engagement against al-Qaida, Warlords have begun to kill civilians in Mogadishu, without distinguishing between the crowd of harmless believers and the few really addicted to al-Qaida. Faced to Warlords’ brutality, Somali population took the side with the Islamic Courts.
Southern regions’ residents side with the Courts, Ethiopia opposes them
Thanks to both local population and foreign countries support, ICU was quickly getting control all over the southernmost part of the country (conquering Mogadishu on June, 5th, 2006). The weak TFG – which had made its way back to Somalia but had settled in Baidoa – was not able to manage the situation. So, the Ethiopian army ran to government aid, which had obtained International Community endorsement.
In December 2006 UN Security Council agreed on the Resolution no.1725, opening up the way to an International Regional force which would have “to control and keep security in Baidoa”. As soon as the clash between ICU militia and the TFG troops grew acute, Ethiopian army took action entering Mogadishu after few days of violent shooting.
In January 2007, supported by Somali government, even United States joined indirectly the conflict, at the Ethiopian side. Their engagement in fighting terrorism caused thousands of casualties. Later, African Union sent its troops in Somalia (under the AMISOM flag: African Mission to Somalia) to watch over Mogadishu preventing Islamic Courts militia would come back.
Since Autumn 2007 – as every try attempt at negotiation between FG and opposition has failed – the situation has remained unchanged, and the Somali capital city is a prey of chaos, violence and epidemics. Besides military defeat, ICU is still an existing organization with several bonds inside and outside the country.
Granting to Somali population the stability they needed, ICU obtained people approval. And, taking advantage of the lack of a strong central government, they created a network: local business was restored, and foodstuffs price cut down. Also, after more than 10 years airports were opened again, and a kind of order was established.
Although ICU original mission had been to bring social justice and combat iniquity, after capturing Mogadishu its mission has transformed into imposing Sharia law all over Somalia and changing the constitution. But, among the eleven courts composing the Union, two have reputations as radical. However, Somalia has little history of radical Islam and ICU has not embraced the most extreme forms of Islamic law (3).
ICU Youth Wing, al-Shabaab, is a radical and somewhat independent organization which is integrated quite tightly with ICU armed forces, acting as a sort of “special forces”. Al-Shabaab has caused difficulties for ICU in maintaining a good international image on a number of occasions (4), but ICU formally apologized for each of the incidents, and attempted to make it clear that these actions did not reflect ICU policy.
The Islamic Courts supported the idea of annexing territories controlled by Kenya and Ethiopia, in accordance with the old ideology of “Greater Somalia”. This ideology caused Ethiopia reluctance, and its consequent military engagement at the side of TFG forces.
During the war ICU leaders call for Jihad against Ethiopia, so many international mujahedin volunteers arrived in Somalia. Indeed, a Kenyan Provincial Commissioner revealed the circulation of an intelligence report with the names of up to 4,000 Kenyan Muslim youths who were induced to join ICU ranks by offers of $400.
According to UN and various sources, for many years the Eritrean government has started to arm and finance ICU, and has sheltered Islamic fighters. Many of ICU leaders are believed to have found refuge in Eritrea.
At last, in accordance with UN sources, it seems as ICU drove Warlords out of many towns supported by local population, but also backed by some foreign countries – like Libya, Saudi Arabia and Iran – indeed a support not openly proven and mostly indirect.
In conclusion: a hard solution
It is very hard – although not impossible – to find a solution, which would put an end to Somali case. First, we need to understand Ethiopia role in the whole conflict. As this nation asserted to run to TFG aid, after the Islamic Courts had moved against Somali lawful government.
But, according to what can this Transitional Government be considered as lawful, and legitimated by International Community? As had neither its members ever been elected, but nominated, nor would Somali population vote for them (we do not forget that most of TFG members belonged to warlords’ ranks). Also, since Somali population supports ICU activities, in case of democratic election, majority of people would vote for them. For this reason, peace process must be trusted to the local population, and International Community should involve moderated exponents of ICU in political negotiations. Otherwise no agreement may represent the opinion of all the Somalis.
Indeed, it could be a clever move to let a radical, political-religious movement gravitate towards an institutional circuit. In fact, it would lead to a moderation process, in which the most extremist components would be isolated.
NOTES:
(1) ICU (Arabic: Ittihād al-mahākim al-islāmiyya, Somali: Midowga Maxkamadaha Islaamiga) is also known as the Joint Islamic Courts, Union of Islamic Courts (UIC), Supreme Islamic Courts Council (SICC) or the Supreme Council of Islamic Courts (SCIC). Western media often refer to the group as the “Somali Islamists”.
(2) Few days ago, on December, 29th, Somali President, Abdullahi Yusuf Ahmed, announced his resignation, saying he has been unable to bring security to the war-ravaged country.
(3) Some courts do not enforce beyond what the Quran requires, others have beaten people for watching Bollywood films and Western movies or playing “licentious” music. On the other hand, public stoning practice is quite used.
(4) Such as abducting critical journalists, harassing overly-hip youngsters, and most infamously, murdering wounded soldiers in a hospital.
