By Somali American
Email: somaliamericanpatriot@gmail.com
Imagine living out the sunset of your life in a secluded suburban neighborhood surrounded by children and grandchildren. Then imagine that tranquility being jilted by allegations of war crimes and other claims of torture. Mohamed Ali Samantar has always served his people justly and honestly. Turn to any Somali who doesn’t have a vested interest in the establishment of an internationally recognized Somaliland and they will attest to Samantar’s character and reputation amongst Somalis. Former Prime Minister and current Professor Ali Khlaif Galaydh, of University of Minnesota, Humphrey Institute of Public Affairs, describes Samantar as an intellectual, professional politician and a man of integrity. Samantar gained the utmost trust and admiration from his superiors, colleagues, and ordinary fellow Somalis. Samantar he says is one of the few Somalis who was loyal to the cause of a unified Somalia and upheld the rule of law.
Yet there are those who still wish to target Samantar. As the satirical cartoon illustrates, the greatest pitfall of Somali society is the perpetuation of clan based arrogance and supremacy. The underpinnings of this case reek of those rivalries. Although, there is no real American equivalency to this cultural structure, one must understand that its implications are long reaching and its influences great. Above all we should not refuge the hostilities that still plague Somalia on American soil.
The case at hand, is not questioning the validity of the unsubstantiated allegations, but rather the letter of the law. The fact is that a majority of U.S. courts have recognized the Foreign Sovereign Immunities Act (FSIA) to include individuals in their definition of “agency or instrumentality” and the U.S. Supreme Court should uphold this opinion. During the oral arguments on Wednesday, March 3rd, Chief Justice Roberts reaffirmed this interpretation by saying, “We are talking about insulating state acts. The only way a state can act is through people…Well, the state is insulated, but the people who do the acts for the state are not. I don't see how that can work.” Additionally, to suggest an official should only be granted immunity while in office discourages individuals from pursuing political posts and renders FSIA an empty statute.
Devoid from the discussions of clan supremacy and the interpretations of FSIA lies Somalia’s real humanitarian tragedy; poverty and lawlessness. The decisions made now will forever hold precedent in U.S. law, but the issues of poverty and lawlessness have denied Somalis the inalienable rights that every American holds dear, “Life, liberty, and the pursuit of happiness.” As it stands, the case against Samantar is nothing more than a tactic and scapegoat intended to divert our eyes and shroud us in a veil of ignorance.
The opinions contained in this article are solely those of the writer, and it does not represent the editorial opinions of Banadir24 online
