The International Court of Justice (ICJ) has ruled in favour of Somalia in a long court battle with Kenya over maritime border.
Both countries have been at loggerheads over sea boundaries in parts of the Indian Ocean and diplomatic measures to resolve disputes among themselves proved futile.
A bench of 15 judges led by Joan Donoghue, a US judge, ruled on the matter at the peace palace in The Hague in Netherland on Tuesday. According to Reuters, the international court drew a new boundary which was near a line suggested by Somalia because of its several offshore oil blocks claimed by Kenya.
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Highlights of the legal tussle
The ICJ found that Kenya failed to prove that there was an established sea boundary between the states after securing some territory beyond what Somalia had claimed. Hence, they ruled that there was no agreed maritime boundary.
Kenya had argued that the joint maritime boundary runs in a straight line east giving Kenya a big triangular part of the ocean.
Somalia disagreed with Kenya saying the boundary is meant to set out towards the southeast.
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They both contested the direction that the joint maritime boundary should take from the points where the land frontiers meet on the coast.
In his ruling, judge Joan said “The revised maritime border along the exclusive economic zones for the continental shelves of Somalia and Kenya achieves an equitable solution.”
In March 2021, Kenya withdrew from the hearing saying that the court lacked the competence to hear the matter hence, the nation does not recognize the jurisdiction of the court to hear the suit. Kenya accused the court of “obvious and inherent bias.”
However, the ICJ held that Kenya’s withdrawal does not affect the decision of the court.
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The Kenyan foreign minister last week said, “As a sovereign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent.”
In 2019, both countries had earlier accepted to settle through bilateral negotiations.
Nairobi, Kenya’s capital city had informed the UN Secretary-General officially in September of its withdrawal from its 1965 declaration accepting the ICJ’s compulsory jurisdiction.
What the judgement means
The 100,000 square kilometre area which is equivalent to 38,000 square mile, that Somalia and Kenya are in competition to acquire, which was said to have rich gas and oil deposits, now belongs to Somalia as matters ruled by the ICJ cannot be appealed.
The verdict has the potential to mar diplomatic relations between Somalia and Kenya as Kenya had accused Somalia of selling oil gas blocks in the area in dispute.
Reacting to the judgement, Somalian president Mohammed Abdullah took to his Facebook page saying “I thank Allah for … for the fruit of the long struggle made by the Somalis in preventing Kenya’s desire to claim ownership of part of Somalia’s sea.”
What you should know
The case was instituted in 2014 following the inability of both countries to resolve the dispute amongst them through negotiations.
The international court of justice is the highest United Nation’s court established after World War II which rules on matters between UN member states.
Any judgement by the ICJ is binding and cannot be appealed.
In 2019, Kenya called back its ambassador in Mogadishu, Somalia.
A larger part of the territory in dispute would have belonged to Kenya if it was able to prove that there was an established sea boundary between the countries.
Kenya had already claimed the entire area off the East African Coast.
Kenya has been one of Somalia’s contributors of troops against its fights with AL-Shabab, a terrorist jihadist group.
