What makes a State valid in its existence? Legally speaking, there are a few elements laid out in international law that define what makes a territory a state. These are a permanent population, a defined territory that is being claimed, and a functioning government that has the capacity to enter into relations with other states. Additionally, international law recognises the right of all peoples to self-determination, meaning that a people must be allowed to decide for themselves whether to be a part of an existing nation or form a new one.
Politically speaking, however, a state does not exist in a vacuum, but in a community of other states. This phenomenon makes recognition of a new territory by existing states important if a territory is to legitimise its position as a state. Whether a territory’s statehood is recognised or not is often an extremely political affair. There are ongoing debates on whether or not Somaliland should be recognised. The people of Somaliland voted overwhelmingly in 2001 for liberation from Somalia. Since 1991, Somaliland has had its own functioning government, and over three decades has been the most stable region in the recognised country (Somalia). But not a single country recognised Somaliland as an independent state.
Israel became the first country to recognise Somaliland’s statehood last week. In a powerful congratulatory message, Prime Minister Benjamin Nyetanyahu affirmed his commitment to build diplomatic relations with Somaliland, and expressed general solidarity with the nation. This recognition was met by overwhelming disapproval by other nations, many that have been for the unification of Somalia. This turn of events is undoubtedly confusing, as for once, Israel seems to be coming out as the good guy, with the rest of the world denying Somaliland its freedom and statehood.
Indeed, Somaliland meets the criteria and should be allowed its independence, but that’s matter for another day. At present, however, the actions of Israel must be given a political reading rather than an altruistic or legally-sound one. Somalia’s history of instability must be the first place we look in order to understand the dynamics at play. For several years now, Somalia has fought to gain some semblance of safety and its government has asked for external assistance to bring terrorism to heel.
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Amongst these collaborators have been the United States and Kenya, who have conducted both air strikes and land operations in a bid to eliminate Al Shabaab. Research conducted across the American presidencies show that Donald Trump has launched more airstrikes on Somalia than his last two predecessors combined, with the most recent taking place this past Christmas Day. Whilst these actions are ostensibly conducted to bring peace, they do not provide the conditions that would give the greater Somalia a chance to explore peace.
Somaliland is situated close to Yemen, which Israel has been targeting, as its Houthi rebels pose a threat to Israeli violence. The US itself has also expressed a desire to recognise Somaliland as a state because it feels it is losing its grip on Djibouti, and having a hand in Somaliland would help it regain a foothold on power in the region. If it is to be recognised by states due to militaristic intentions, is this genuine, or is it imperialism?
Eastern Africa needs to be wary of these new diplomatic developments, but already many of the countries in the region are allied to the US, making imperial demilitarisation in the region feel mostly impossible. This does not mean, however, that the people must take this news lying down.
Already, the people of Somaliland have expressed that, inasmuch as they would appreciate recognition from the rest of the world, they stand with Palestine and recognise this move by Israel as the nefarious action that it is.
Many critics have also pointed out the irony of Israel being so quick to recognise a nation that nobody else has, whilst it continues to ignore Palestine in its own backyard. For American neocolonialism to perish, we must examine everything with a keen eye so as not be blindsided and have the entire region go up in smoke.
Ms Njahira is an international lawyer
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By Njahira Gitahi