Somalia wins ICJ maritime lawsuit against Kenya
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Somalia has won most of the maritime dispute with Kenya, according to a ruling by the International Court of Justice (ICJ).
The court initially rejected Kenya’s argument that there was an agreement between the two countries that there was a border between Somalia and Kenya along the long line, and supported Somalia’s argument that there was no such agreement.
The court then accepted Somalia’s request to decide the maritime border between the two countries, and the ICJ upheld Somalia’s argument that the demarcation should be based on a straight line along the maritime boundary.
As can be seen in the picture below, most of Kenya’s claimed territories have been rejected, but a few have also been excluded from Somalia’s claimed territories, starting after the 12-mile direct line to the land border, and 12 a mile later the line is slightly curved towards Somalia.
In the two pictures below, one is as ruled, and the other shows the small maritime territory excluded from Somalia.
Kenya wanted the border to be based on the slope of the line to be diverted to Somalia, which would have lost a large area of 100,000 square kilometers.
The Kenyan government has previously said it will not recognize the court’s decision, saying it has rejected the International Court of Justice’s (ICJ) jurisdiction to hear the case, and has said it has withdrawn from the court.
“In addition to withdrawing from the case, Kenya will also join other UN member states in revoking the court’s mandatory recognition,” the Kenyan foreign ministry said in a statement on Saturday.
Kenya has complained that the tribunal is biased and inappropriate in resolving the case.
Kenya in March this year boycotted the final hearing of the case after the ICJ refused to adjourn the case again, at the request of Nairobi.
The Court’s decision is final and cannot be reversed. Also, there is no Supreme Court for which countries can appeal.
The court does not have the power to enforce its decision.
However, Somalia has never been worried about the use of force with Kenya threatening time and time again, rather the main concern of the Somali people has been the loss of international law in our territorial waters, which would have been a blow to peace loving Somalia who views Kenya as a brother, nighbour and friend.
The Somali government filed the lawsuit in 2014, during the presidency of President Hassan Sheikh Mohamud, after Kenya attempted to negotiate part of our territorial waters.
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