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Islamic Courts Union

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Midowga Maxkamadaha Islaamiga اتحاد المحاكم الإسلامية Islamic Courts Union
Flag of the Islamic Courts Union Flag Coat of arms of the Islamic Courts Union Coat of arms
Motto: none
Anthem: none
Location of the Islamic Courts Union
Capital and largest city	Mogadishu
Official languages	Somali and Arabic
Government	Sharia Krytocracy
• Executive Chairman	Sharif Sheikh Ahmed
• Shura Chairman	Hassan Dahir Aweys
Civil War Faction  Has not declared autonomy nor independence
• Established	June 6th 2006 in Mogadishu
• Water (%)	Negl.
Population
• n/a estimate	unknown (not ranked)
GDP (PPP)	- estimate
• Total	n/a (not ranked)
• Per capita	n/a (not ranked)
HDI (-)	n/a Error: Invalid HDI value (unranked)
Currency	Somali shilling (SOS)
Time zone	UTC+3 (MSK)
• Summer (DST)	UTC+3 (not observed)
Calling code	252 (Somalia)
Internet TLD	.so

The Islamic Courts Union (ICU, Somali: Midowga Maxkamadaha Islaamiga, Arabic: اتحاد المحاكم الإسلامية Ittihād al-mahākim al-islāmiyya) are a group of Sharia Courts who banded together to form a rival administration to the Transitional Federal GovernmentofSomalia, with Sharif Sheikh Ahmed as head of the ICU. They are also known as the Joint Islamic Courts, Union of Islamic Courts (usually UIC in the press), Somalia Islamic Courts Council (SICC) ^[1] or the Supreme Council of Islamic Courts (SCIC)^[2] and Western media often refer to the group as the Somali Islamists.

Until recently, they controlled most of Somalia and the vast majority of its population, including most major cities such as Jowhar, Kismayo, Beledweyne, and the capital Mogadishu. Only the arid Northern regions (Puntland), and the furthest interior regions of the south were outside their control. In December 2006, the ICU lost much territory after defeats at the battles of Baidoa, Bandiradley, and Beledweyne, retreating to the capital, Mogadishu. On December 28 they abandoned Mogadishu without conflict, moving south towards Kismayo and allowing TFG and Ethiopian troops to take over the city.^[3] Stripped of almost all their territory, it is speculated that they will pursue guerrilla-style warfare against the government.

History

Before the second battle of Mogadishu

After the collapse of the Somali government in 1991, a system of sharia-based Islamic courts became the main judicial system, funded by fees paid by litigants. Over time the courts began to offer other services such as education and health care. The courts also acted as local police forces, being paid by local businesses to reduce crime. The Islamic courts took on the responsibility for halting robberies and drug-dealing, as well as stopping the showing of what it claims to be pornographic films in local movie houses. Somalia is almost entirely Muslim, and these institutions had wide public support. The early years of the courts include such outfits as Sheikh Ali Dheere's, established in north Mogadishu in 1994 and the Beled Weyene court initiated in 1996. They soon saw the sense in working together through a joint committee to promote security. This move was initiated by four of the courts - Ifka Halan, Circolo, Warshadda and Hararyaale - who formed a committee to co-ordinate their affairs, to exchange criminals from different clans and to integrate security forces. In 1999 the group began to assert its authority. Supporters of the Islamic courts and other institutions united to form the ICU, an armed militia. In April of that year they took control of the main market in Mogadishu and, in July, captured the road from Mogadishu to Afgoi.^[4]

After conquering Mogadishu

In the year 2000, the courts formed a union of Islamic courts, partly to consolidate resources and power and partly to aid in handing down decisions across, rather than within, clan lines. ^[5]

However, as the courts began to assert themselves as the dispensers of justice they came into conflict with the secular warlords who controlled most of the city. In reaction to the growing power of the ICU, a group of Mogadishu warlords formed the Alliance for the Restoration of Peace and Counter-Terrorism (ARPCT). This was a major change, as these warlords had been fighting each other for many years. By the beginning of 2006, these two groups had repeatedly clashed, and in May 2006 it escalated into street fighting in the capital, claiming the lives of more than 300 people. On 5 June 2006, the ICU claimed that they were in control of Mogadishu.^[6]

Meanwhile, in the United States the Bush administration neither confirmed nor denied support for either side. However, American officials have anonymously confirmed that the U.S. government was funding the ARPCT, due to concerns that the ICU is linked to al-Qaeda and is sheltering three al-Qaeda leaders involved in past terror attacks, including the 1998 U.S. Embassy bombings in Kenya and Tanzania. ^[7]

On6 June 2006 the ICU further claimed it was in control of all the lands up to 100 kilometers (62 miles) inland from Mogadishu. The warlords were reported to have either been captured or to have fled the city, abandoning most of their weapons, with the majority fleeing to Jowhar, which was taken by the ICU militia on 14 June.^[8] The ICU now has control of much of the weaponry in the country which makes a resurgence by the warlords difficult without outside support. The ICU also controls significant territory outside the capital, which includes the important town of Balad. In mid-August, ICU militiamen swept into the port town of Hobyo 500 kilometers north of Mogadishu, meeting no opposition.^[9] The ICU organized a clean-up campaign for the streets of Mogadishu on 20 July. This was the first time litter and rubbish had been collected in the entire city since it collapsed into chaos over a decade previously.^[10]

OnJuly 15 2006, the Islamic Courts opened Mogadishu international airport, which had been closed since the withdrawal of the international forces in 1995. The first airplane chartered by the Arab League flew from the airport for the first time in 11 years picking up Islamic Courts delegates to Sudanese capital Khartoum. ^[11]

OnAugust 15 2006, the UIC captured Haradhere, some 500km northeast of Mogadishu, which had become a safe haven for pirates, who had forced shipping firms and international organisations to pay large ransoms for the release of vessels and crews. ^[12]

OnAugust 25, 2006 the Islamic Courts reopened historical Mogadishu seaport, which was formerly one of the busiest in East Africa but had been shut down for 10 years.^[13]

OnOctober 5, 2006 the Islamic Courts declared the formation of the supreme Islamic Sharia court of Banadir province, ending all tribal Islamic Courts in the capital. ^[14]

Relationship to Other Somalian Powers

The only other major power in central Somalia was the Transitional Federal Government. As a result of the collapse of the warlords' power, the four warlord representatives in the transitional government were stripped of their cabinet posts. The transitional government is based in Baidoa, 250 kilometers from Mogadishu. After the ICU victory in Mogadishu, the transitional government voted to request foreign peacekeepers from the African Union in a mission known as IGASOM. The African Union supports the transitional government, though it did not provide forces to defend it against the advances of the ICU. The ICU rejected the need for peacekeepers, arguing Somalia needs aid, not more external troops. The Interim Prime Minister Ali Mohammed Ghedi stated he wished to meet with the ICU leaders. ^[15] This resulted in the Treaty of Khartoumof5 September 2006, in which it was agreed the ICU and the Transitional Government would be merged; however, the ICU insisted on the precondition Ethiopian troops would leave the country beforehand. Ethiopian forces did not withdraw, and the treaty agreement fell apart.

The two other major power centres in the country are the governments of Puntland and Somaliland, both of which assert their autonomy or, in the case of Somaliland, independence. In November 2006 the Islamic Courts said Puntland's forces had carried out a pre-emptive strike against their fighters who were gathering on the edge of Puntland near Galinsoor (see Battle of Bandiradley). ^[16] The government of Puntland has vowed to resist any attack by the Islamic Courts. ^[17]

War with Ethiopia

OnDecember 8, the Islamic Courts Union claimed to have been involved in heavy fighting with Somali transitional government forces, backed by Ethiopian troops. On December 21, heavy fighting erupted between ICU forces and Ethiopian-backed forces. The battles happened initially in two areas - the military base of Daynuunay and the military base of Iidale.

The ICU made calls for jihad against Ethiopia, which were met by international mujahideen volunteers arriving in Somalia.

The ICU lost a considerable amount of territory after defeats at the December 20 - 26 battles of Baidoa, Bay region, Bandiradley, in Mudug, and Beledweyne, Hiran region, retreating to the capital, Mogadishu.

Resignation of Leadership

OnDecember 27, the leaders of the ICU, including Sheiks Hassan Dahir Aweys, Sharif Sheikh Ahmed and Abdirahman Janaqow resigned in a capitulation recognizing the new state of affairs in Somalia. They issued the following decisions:

1. It is national duty to protect the sovereignty and the integrity of Somalia and its people.

2. The ICU allows that Somalis should have the option to determine their future and would be ready for taking over the responsibility.
3. The Islamic Courts Union agreed not to allow anyone to create violence in Mogadishu and anybody that is found guilty would be brought before the law and would be taken for the suitable punishment according to the Islamic Sharia.
4. The ICU fighters are responsible for establishing the security and stability in the Somalian capital Mogadishu.

5. Lastly, the ICU is calling on all the Islamic fighters in Somalia, where ever they may be, to maintain security and stability in their localities and get ready in the police stations and other security installations.^[18]

Structure and composition

Background

As the name implies, the ICU is a union of Sharia law courts. These courts formed out of the chaos of the 1990s to administer justice in the districts in which they were established. Due to the chaos in Somalia, each court maintained a large militia to act as both police force and military. In February of 2006, 11 of these courts chose to pool their military resources in order to take over Mogadishu. (See Second Battle of Mogadishu)

Each member of the ICU is a Sharia judge in charge of a specified court in a particular district of Somalia, and it is up to him to determine how Sharia law is enforced. These interpretations can either be very literal or very broad, with various Hadiths being either regarded or disregarded, and correspondingly has led to varying levels of liberty and repression. Some courts are very liberal and do not enforce beyond what the Quran requires, others are very conservative and have beaten people for watching Football matches or playing "licentious" music.

In order to organize the courts into a more coherent organization, rather than a like-minded collection of independent judges, a "Supreme Islamic Court of Banadir" was created, with the most senior judges forming this high court. This court deals with wide issues, as well as foreign relations, and commands the ICU military forces as a whole. The chairman of the Supreme Islamic Court is Sharif Sheikh Ahmed. A consultative Shura council chaired by Sheikh Hassan Aweys approves the decisions made by the Supreme Islamic Court, and has therefore been called the "real power" in the ICU. The Shura cannot act unilaterally either, so this is not entirely true. In simplistic terms, this makes Ahmed the "President" of the ICU and Aweys the "Prime Minister". When Ahmed is otherwise indisposed (visiting a foreign country, ill, etc) Sheikh Abdirahman Jinakow is the Acting Chairman.

Below the Supreme Council and Shura Council are the regional courts spread throughout the country, which govern over the day to day issues of justice and law. These courts have enormous independence, and so the laws and regulations in ICU territory can vary wildly from town to town based on the particular moderation or radicalism of the local court.

The Shabab, or Youth Wing of the ICU, is a radical and somewhat independent organization under the ICU umbrella which is integrated quite tightly with the ICU armed forces, acting as a sort of "special forces" for the ICU. The leader of the Shabab is Shaykh Hasan Hersi, who goes by the name of "Al-Turki" or "The Turk". The Shabab has caused difficulties for the ICU in maintaining a good international image on a number of occasions due to their hot-headedness and zealousness, such as abducting critical journalists, shooting at football fans, and most infamously, murdering wounded JVA soldiers in a Bu'alle hospital.

ICU Chairman Sharif Sheikh Ahmed is seen as a moderate and he has repeatedly declared that the objective of the ICU is the restoration of order after 15 years of violence. However, of the eleven courts composing the Union, two have reputations as radical. One is led by Sheikh Hassan Dahir Aweys, who is on the U.S. list of terrorism suspects as the former head of the al-Itihaad al-Islamiya group, which has been linked to al-Qaeda. Western diplomats are also concerned by a second leader, Adan Hashi Ayro, who was trained in Afghanistan and whose militia has been implicated in the deaths of five foreign aid workers and a BBC producer. Suspects from the 1998 U.S. embassy bombings are believed to be hiding in Somalia, and to be aided by the ICU [1][2]. There have also been reports of foreign mujahideen fighting alongside the ICU. It is widely believed that the U.S. has provided funding for the secular warlord alliance due to these fears. However, Somalia has little history of radical Islam and the ICU has not embraced the most extreme forms of Islamic law, such as amputation of thieves' hands.^[4]

Individual Islamic Courts

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Noted ICU Leaders

• Shaykh Sharif Sheikh Ahmed is the leader of the ICU. Ahmed was born in Chabila, Somalia and studied at Libyan and Sudanese universities. He is from the Abgaal branch of the Hawiye clan. He has also worked as a secondary school teacher of geography, Arabic, and religious studies. He speaks Arabic, Somali, and English.

• Shaykh Hasan Hersi "Al-Turki" is leader of the Shabab group (a youth Islamic organisation). He has admitted at rallies in Kismayo on September 27, 2006 that "brothers in Islam" helped the Islamic Courts drive the former Jubba Valley Alliance (JVA) out of Kismayu. These traveling foreign Islamists were featured in a fundraising video that has circulated at least since April 2006, as the ICU moved to control Mogadishu.

• Shaykh Yusuf Siad "Inda-Addeh" served as deputy and financier for Hasan Dahir Aweys. He had been the chief security of Islamic Courts. He is controversial for the fact that he was a former warlord who occupied Lower Shabeele in 2003. He later allied himself with the Islamic Courts. Cynics wondered why the Islamic Courts advanced to central and south Somalia regions, including the Kismayo area, before disarming warlord Inda-Addeh and taking control of Lower Shabelle region. ^[19] In December 2006, during the intense fighting with Ethiopia, he was not present and was in pilgrimage in Mecca.
• Shaykh Mukhtar Robow who goes by the name of "Abu Mansur", was the deputy chief of security for the Islamic Courts. He had been credited with being instrumental in the victory of the Second Battle of Mogadishu against the ARPCT (CIA-backed warlords). In December 2006, during the intense fighting with Ethiopia, he was not present and was in pilgrimage in Mecca.
• Professor Ibrahim Hassan Addow (M.Ed, PHD) was the head of foreign affairs department for the ICU. He lived in the United States and worked as an administrator at American University in Washington, D.C., before returning to Somalia in 1999. He is the dean of Benadir University in Mogadishu and had respresented the Islamic courts in its negotiations with the Somali transitional government. ^[20]

Social policies

The Islamic Courts' original mission was to combat iniquity, rape and theft. However, after capturing Mogadishu, its mission transformed to establishing Sharia law all over Somalia and changing the constitution.

In the year 2000, the courts formed a union of Islamic courts, partly to consolidate resources and power and partly to aid in handing down decisions across, rather than within, clan lines. ^[5]

In an interview featured in the BBC Online Somali section in June 2006, Sheik Sharif Shaykh Ahmed said "the union of Islamic courts was established to ensure that Somali people suffering for 15 years would gain peace and full justice and freedom from the anarchic rule of warlords who refuted their people to no direction." After capturing Mogadishu, the Islamic Courts had enacted a series of decrees and laws that had temporarily brought hope for Somali expatriates, local minorities and women.

• OnJuly 15 2006, the Islamic Courts opened the historical Mogadishu airport which had been shut down by warlords for 11 years. Mogadishu international airport had been closed since the withdrawal of the international forces in 1995 when rival faction leaders disagreed to offer the public service. The first airplane chartered by the Arab League flew from the airport for the first time in 11 years picking up Islamic Courts delegates to Sudanese capital Khartoum. ^[11]

• OnAugust 15 2006, the UIC had captured Haradhere, some 500km northeast of Mogadishu, which had become a safe haven for pirates. Sheikh Ahmed said UIC forces went to Haradhere to deal with pirates who had made the Somali coast a no-go area. "The activities of these people [pirates] had made life very difficult for ordinary Somalis," he said. "Ships were refusing to deliver food to Somalia for fear of being hijacked. We were asked to do something about it and we did." The liberation of Haradhere has dealt a blow to pirates and given a boost to business and security in Somalia. This ended a long period of fear for International maritime communications as shipping firms and international organisations had been forced to pay large ransoms for the release of vessels and crews. ^[12]

• OnAugust 25, 2006 the Islamic Courts had opened historical Mogadishu seaport. Shut down by warlords for the past 10 years, Mogadishu's port used to be one of the busiest in East Africa, before the conflict led to its closure. The port opened in circa 900 AD and described in Ibn Batuta's fourth trip (in1328) that it was the busiest and richest port of the east African coast at that time.

• OnOctober 5, 2006 the Islamic Courts had declared the formation of the supreme Islamic Sharia court of Banadir province. The announcement ceremony was attended by all Islamic officials; both consultative and executive councils, intellectuals and civil society members and took place in the former Somalian presidential palace in central Mogadishu. That announcement from the central Islamic Court was destined to end all tribal Islamic Courts in the capital. ^[14]

• OnNovember 17 2006, the ICU had banned the use, sale and transportation of Khat altogether and the Islamic Court of Kismayo banned the sale of cigarettes. This was a controversial move as it was the main source of income for many war widows and orphans and a huge import-export business.

Alleged military support to the ICU

In November 2006, a UN arms monitoring group released information that all groups in Somalia were given logistical support by a dozen countries. Those countries rejected those allegations. These are the allegations documented by the UN monitoring group:

•  Djibouti: According to that report, the government of Djibouti has provided military uniforms and medicines in support of the Islamic Courts Union (ICU). On July 30, 2006, a Djibouti Airlines aircraft landed at an airport in Mogadishu with medicines and military uniforms intended for ICU. The true nature of the cargo was disguised, and it was presented as being from the Red Crescent Society of Djibouti to conceal its origins. After the cargo was unloaded, the aircraft proceeded to Mogadishu's main airport.

•  Egypt: The government has allegedly provided training in support of ICU. On July 26, 2006, a meeting took place in Mogadishu between officials from ICU and visiting Libyan, Egyptian and Eritrean senior military officers at the residence of ICU finance chief Abdulkadir Abukar Omar Adani. According to the report, the meeting resolved that military training be provided to about 3,800 fighters at the Hilweyne military barracks, near Bal'ad town, north of Mogadishu.

•  Iran: The UN monitoring group stated that Iran has provided at least three consignments of arms and ammunition and medical supplies and the services of three medical doctors to ICU. On July 25, 2006, an aircraft containing a shipment of arms arrived at the Baledogle airport and was met by ICU head of the security affairs, Sheikh Yusuf Mohamed Siyaad "Indohaadde," and the chairman of the Dayniile Islamic Court, Sheikh Hussein Janaqow. The UN monitoring team says that the arms shipment consisted of machine guns and M79 grenade launchers. On August 17, 2006, a large dhow containing foods and arms destined for ICU arrived in El-Adde seaport, Mogadishu. The arms consisted of 80 man-portable, shoulder-fired, surface-to-air missiles and rocket launchers.

• File:Flag of Hezbollah.svg Hezbollah: Supposedly, the Hezbollah movement has provided military training to ICU and has made arrangements with other states on behalf of ICU for the latter to receive arms. In mid-July 2006, ICU apparently sent about 720 men to Lebanon to fight alongside Hezbollah against the Israeli military. The Somali force was personally selected by ICU's Hizbul Shabaab (youth movement) leader Aden Hashi Farah "Eyrow." One of the selection criteria was an individual's combat experience, which might include experience in Afghanistan. In exchange for the contribution of the Somali military force, Hezbollah arranged for additional support to be given to ICU by the governments of Iran and Syria.

•  Libya: Furthermore, the UN monitoring report states that the Libyan government has sent military aircraft to Somalia and has provided training, funds and at least a consignment of arms in support of ICU. On July 24, 2006, a delegation of military officers arrived at the Baledogle airport and on July 26, 2006, participated in a meeting in Mogadishu with ICU officials and visiting Egyptian and Eritrean senior military officers at the house of ICU finance chief Abdulkadir Abukar Omar Adani. On July 31, 2006, a vessel with arms and foods for ICU docked early in the morning at the seaport of El-Ma'an.

•  Eritrea: The Eritrean government allegedly provided at least 28 separate consignments of arms, ammunition and military equipment. It also gave troops and training to the Islamic Courts Union. On April 26, 2006, a shipment of arms destined for ICU consisting of AK-47 assault rifles, PKM machine-guns, RPG-7s and ammunition arrived on a dhow at the seaport of El Ma'an. On May 6, 2006, an Eritrean Antonov military aircraft landed at Dhusamareeb in the Galgaduud region of Somalia. Awaiting the landing were about 75 people, five lorries and two Land Cruisers. The aircraft carried anti-aircraft guns which were loaded onto the lorries. On May 9, 2006, a dhow arrived at the El Ahmed seaport, and on board were fighters from Pakistan and the Oromo Liberation Front of Ethiopia. The fighters remained on the dhow. Five of the 75 people associated with the receipt of the anti-aircraft guns on May 6, 2006, boarded the dhow, along with some of anti-aircraft guns. ICU member Aden Hashi Farah "Eyrow," one of the leaders of the Hizbul Shabaab (youth movement), took possession of the arms and military uniforms.

•  Saudi Arabia: Furthermore, the document states that Saudi Arabia has given logistical support in the form of foodstuff and medicines intended for use by the ICU. On June 11, 2006, a C-130 aircraft left Jazan for the Baledogle airport. But the government said the flight had taken place for "medical" reasons. On August 14, 2006 , seven trucks containing logistical supplies, including foods and ammunition, left Mogadishu for an ICU location in the central regions of Somalia. Accompanying the convoy were 320 ICU fighters sent to reinforce fighters in the central regions.

•  Syria: On July 27, 2006, 200 ICU fighters were transported by aircraft to Syria for training in guerrilla warfare.^[21]

Notes and references

See also

• Peace Mission to Somalia

External links

• Islamic Courts Union website (in Somalian)
• Conoco-Somalia Declassification Project, Conoco-Somalia Declassification Project, 2006
• Somali deaths in fierce clashes, BBC News, 24 March 2006
• Despite ceasefire call, fighting continues in Mogadishu, Christian Science Monitor, 10 May 2006
• Warring Somali ministers warned, BBC News, 13 May 2006
• U.S. Secretly Backing Warlords in Somalia, Washington Post, 17 May 2006
• Islamic Force, Warlords Clash in Somalia, Associated Press, 27 May 2006
• Violence Flares in Somalia (VIDEO), ogrish.com, updated 28 May 2006
• New power emerges from the south, Somalinet.com, 4 June 2006
• Islamists seize key Somali town, BBC News, 4 June 2006
• Islamists claim control of Mogadishu, Al Jazeera News, 5 June 2006
• Somalia: a State of Need, IRIN Film (18 min streaming video), December 2006
• Somalia’s Islamists, International Crisis Group Report, 12 December 2005