Judiciary of Somaliland

Before colonization the territory that is now Somaliland relied on xeer, or traditional tribal law. This law was applied by clan elders in addition to Shariah law applied by Islamic scholars.^[4][5]

After formally receiving control of Somaliland from Egypt in 1884, British colonizers introduced a British common law based on the legal system they had implemented in colonial India.^[4][6][7]

After being joined with the former Italian Somaliland in 1960 to create the new state of Somalia, Somaliland did not have its own independent legal system until its independence.^[4][7] Despite this, the lower courts of the Somaliland region still used British colonial law until 1977.^[4]

After Somaliland declared its independence from Somalia in 1991, the courts were governed for a short time using Italian practices until fighting in Borama halted all progress. From 1993 to 1997, the Borama Charter mandated the formation of a newly independent judiciary that used pre-1969 laws.^[8][9] Since the ratification of the Somaliland Constitution in 1997 the legal system has consisted of a mix of three legal frameworks, with judges alternatively applying Sharia law, British colonial law, and xeer.^[3][10][11]

The five levels of courts in Somaliland are: the Supreme Court, the Appeal Courts of the Regions, the Regional Courts, the District Courts, and the Courts of the National Armed Forces.

The Supreme Court of Somaliland is the highest court of the judiciary and consists of a chief judge and at least four other associate judges. The supreme court acts in three different capacities. First it is the final appellate court and as such it can hear cases remanded to it by lower courts concerning all issues of criminal or civil law. In this capacity it also addresses concerns over the validity of national elections. Second, it acts as the constitutional court, addressing issues of constitutional interpretation and application.^[12] Finally, in impeachment cases brought against ministers of the government it functions as the High Court of Justice, overseeing the trial and calling for the removal of ministers if found guilty.^[1] The High Court of Justice consists of five members of the Supreme Court and four additional members selected two each from the two houses of Parliament.The impeachment process for the President or Vice-President, while overseen by the Chief Justice, is administered by parliament rather than the Supreme Court itself.^[1]

List of chief justices

Name	In office	Appointed by	Notes
Mohamed Hirsi Ismael	August 2006 – June 2011	President Kahin	Removed by President Ahmed Mohamed Mohamoud Silanyo
Yusuf Ismail Ali	2011 – April 2015	President Mohamoud	Removed by President Mohamoud after Ali allegedly ordered the arrest of Gulled Ahmed Jama, the head of the Somaliland Human Rights Commission
Adan Haji Ali Ahmed	June 2015 – Incumbent	President Mohamoud
Sources:[13][14]

The Regional, Regional Appeals, and District Courts are all administered by the Judicial Commission and deal with all manners of civil and criminal law.^[1][15]

The Courts of the National Armed Forces hear criminal cases brought against armed forces members during peace or war.^[1]

The constitution also mandated the formation of a judicial commission (sometimes called the High Judicial Council), an organization tasked with overseeing the lower civilian courts of Somaliland.^[16] This body is in charge of promoting or dismissing judges of the lower courts as well as deputy attorneys general.^[1][16]

Somaliland Judicial Commission

Title	Rank	Notes
Chief Judge of the Supreme Court	Chairman
Two Most Senior Judges of the Supreme Court	Members
Attorney General	Member
Director of the Ministry of Justice	Member
Chairman of the Civil Services Commission	Member
Intellectual	Member	Nominated by the House of Representatives
Businessperson	Member	Nominated by the House of Representatives
Person knowledgeable of tradition	Member	Nominated by the House of Elders
Religious Scholar	Member	Nominated by the House of Elders
Source:[1]