December 6, 2021

Judge Abdiqawi opposes some of ICJ rulings

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Somali Judge at the International Court of Justice Abdulqawi Ahmed Yusuf has opposed the court’s decision to exclude part of Somalia’s territorial waters for Kenya.

The court ruled in favor of Somalia’s decision that the border be a straight line, but made a slight curve that excluded Somalia from 12 miles of territorial waters.

Judge Abdulqawi rejected the court’s interpretation of the new line and the “simplification” as well as the line drawn between both the EEZ and the continental shelf, thus giving Kenya an illegal maritime boundary.

Judge Abdulqawi described the move as a departure from the rule of law and a reorganization of the geopolitical judiciary.

Abdulqawi Ahmed Yusuf’s statement showed his strong opposition to the rulings, which were voted on by a majority of the court’s judges.

He said the court’s ruling was different from previous rulings such as Qatar vs Bahrain and Eritrea vs Yemen, and that the ruling deviated from the court’s tradition, without giving a convincing reason based on the selection of a new line.

Abdulqawi said the ICJ ruled in favor of Kenya’s maritime border with Tanzania, which has lost much of its territorial waters in an agreement with Tanzania.

He said the decision was made because Kenya “has a large maritime territory between Somalia and Tanzania”, so the Court reorganized its line.

Lawyer Abdi Qawi has made it clear that it is unfair and illegal for Kenya to give the Court a maritime boundary based on a maritime dispute over a voluntary agreement with Tanzania, to lose a maritime boundary of 25,000 miles, and that would have no effect or litigation in Somalia.

“Tanzania’s maritime line has nothing to do with demarcating the maritime border between Somalia and Kenya,” he argued.

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