The government of Kenya revealed Sunday that it had pulled out of the maritime border case with Somalia just a few hours before the scheduled virtual hearing before the International Court of Justice (ICJ) in The Hague, Netherlands.. © The case is supposed to adjudicate a maritime boundary dispute about more than 100,000sq km (nearly 40,000sq miles) of seafloor claimed by both countries. Public sitting held on Wednesday 21 September 2016, at 4.30 p.m., at the Peace Palace, President Abraham presiding, in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) - Preliminary Objections The government of Kenya revealed Sunday that it had pulled out of the maritime border case with Somalia just a few hours before the scheduled virtual hearing before the International Court of Justice (ICJ) in The Hague, Netherlands.. The Somali side on Monday criticised Kenya’s move. Kenya recalled its ambassador to Somalia in February 2019 after accusing the government in Mogadishu of selling oil and gas blocks at a London auction despite the pending delineation case before the ICJ. https://www.youtube.com/channel/UCd2NAYuP6XTy9JyLArsIiBA?view_as=subscriber “We are deeply concerned that Kenya has decided not to appear at these hearings,” said Mahdi Mohammed Gulaid, opening Somalia’s case. The ICJ on Monday, however, dismissed Kenya’s request for a “30-minute opportunity to orally address the court before the commencement of the actual hearings”. "There is something silly about the … International Court of Justice 2017-2021 – All rights reserved. Kenya dropped out of the hearings, citing bias by the court. In a statement, ICJ said that public hearings will be conducted between Monday March 15 to Wednesday, March 24. Somali lawyers said the straight line divides the sea between Somalia and Kenya fairly, VOA Somalia reported. Kenya will not take part in Monday's hearings over its maritime border dispute with Somalia at the International Court of Justice, government sources have told the BBC. Kenya withdraws from ICJ maritime border case with Somalia. “Whereas Kenya is basically saying, ‘Look, that might have been the initial position but in our case, we believe that it runs parallel to the latitude (45-degree angle) and that has been our position since 1979 and it has been respected by Somalia since 1979 until 2014,” he said, referring to the year Somalia asked the ICJ to rule on the case after out-of-court negotiations between the two countries aimed at settling the dispute broke down. Kenya has cited the court’s perceived bias and its unwillingness to delay the case – for a fourth time – due to the pandemic as […] “They said there’s no treaty, no regional agreement and that Kenya has been taking advantage of the political situation in Somalia to use that disputed territory, which Somali lawyers say Kenya is already exploring … [in violation of] international law,” Wambua-Soi said. Hearings, when both sides were due to present arguments, were scheduled for this week, but Kenya was not present in the first day on Monday in court or via video link. Kenya has refused to participate in hearings at the World Court about a maritime boundary dispute with Somalia over contested parts of the Indian Ocean, in a dispute that has strained the neighbours’ diplomatic relations. The International Court of Justice has rejected Kenya's request to have the maritime delimitation case with Somalia postponed for a 4th time. The extent of the hydrocarbon reserves in the disputed waters is unknown, but Kenya awarded the licences at a time when the East African coast was emerging as one of the world’s hottest oil exploration prospects. “To put it simply,” Tzanakopoulos said, “Kenya’s argument roughly could be, ‘If you haven’t disputed something for 35 years, then it becomes some sort of agreement between the two. Neither Somalia nor Kenya can afford the dispute that led to the severance of ties turning into a protracted crisis. Somalia sues, Kenya protests. In 2014, Somalia asked the ICJ to rule on the case after out-of-court negotiations between the two countries aimed at settling the dispute broke down. The case was filed in 2014 by Somalia at the International Court of Justice (ICJ) – the United Nation’s highest court for disputes between states – and a decision could determine rights to exploit oil and gas in the deep waters off the East African coastline. Kenyan fishermen on Lamu archipelago protested against the feared loss of their livelihoods as the ICJ pored over the sea border dispute [Tony Karumba/AFP]Relations between the two neighbours have taken a turn for the worse during the last 10 years. Somalia, which lies northeast of Kenya, wants to extend its maritime frontier with Kenya along the line of the land border, in a southeasterly direction. Kenya has notified the International Court of Justice that it will not participate in the maritime case against Somalia just a day before it is scheduled to begin. Kenya announced earlier that it would snub this week’s International Court of Justice hearings after the Hague-based court refused to allow further delays in the case. The dispute is about some 100,000sq km of seafloor, believed to be rich in oil and gas. After negotiations to resolve the issue bilaterally failed, Somalia in 2014 asked the International Court of Justice (ICJ) to adjudicate. On Sunday, Kenyan newspapers reported that the government in Nairobi had decided not to take part, citing “perceived bias and unwillingness” of the ICJ “to accommodate requests for the delaying the hearings” as a result of the pandemic. He said it was “inconsistent with the rule of law” and Kenya’s commitment to the court. The Somali government sued Kenya at the ICJ in August 2014 after no progress was made in meetings to settle the conflict. “Roughly, what Somalia is saying is that the law provides for an equidistant line from the two shores (equal distance from both shores) for the territorial sea and that should be projected further for the other zones, so it should follow the course of the land boundary,” Antonios Tzanakopoulos, associate professor of public international law at the University of Oxford, told Al Jazeera. But the court in The Hague would go ahead with hearing Somalia’s case, and would use written evidence provided by Kenya instead, Donoghue said. In its letter, Kenya also reportedly argued that holding the ICJ hearings virtually did not allow it to present its case in the most effective way. “Non-appearance before the International Court of Justice does happen, on occasion, but it does not affect the power of the court to hear the case, nor does it affect the power of the court to issue a binding judgement,” Tzanakopoulos explained. quotes Somalia is “deeply concerned that Kenya has decided not to appear at these hearings,” Somali Deputy Prime Minister Mahdi Gulaid said at the ICJ. The judge said there could be a change in the court schedule. Somali lawyers said the straight line divides the sea between Somalia and Kenya fairly, VOA Somalia reported. That does not seem to have worked - at least from the Somali perspective. “So the court will have to decide, ‘Do we delimit the boundary on the basis of the Somali claim that we should just apply the relevant provisions of the law … or do we accept the Kenyan position that some sort of tacit agreement has been [reached] between the two states because of the long non-protest over the boundary running another course?'”. The … Al Jazeera’s Catherine Wambua-Soi, reporting from Nairobi, said the lawyers representing Somalia at the ICJ argued that the country “never agreed to any boundary line, demarcation by Kenya as the country is suggesting. Kenya-Somalia maritime boundary dispute explained, Somalia cuts diplomatic ties with Kenya citing interference, Somalia and Kenya still have a road to neighbourly cooperation, South Korea begins vaccinating athletes for Tokyo Olympics, ‘Life is precious’: India’s migrant workers flee COVID-hit cities, Eight Venezuelan soldiers killed in clashes on Colombian border, Algeria detains leading opposition figure Karim Tabbou, Millions vote in local polls as India COVID cases soar: Live news, Turkey prepares for full lockdown amid rising COVID numbers, Why some people are soiling their underwear to help the earth, Rare tombs from pre-Pharaonic era discovered in Egypt, Al Jazeera Centre for Public Liberties & Human Rights. INTERNATIONAL COURT OF JUSTICE Français; Document search; Site search; Sitemap; Employment; FAQ; Contact; Home; Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) Cases Previous Next Overview of the case Institution of proceedings Preliminary objections Written proceedings Oral proceedings Other documents The dispute between the two East African nations dates back to 2014 when Somalia instituted proceedings against Kenya before the ICJ, which is … In contrast, Kenya claims the border should take a roughly 45-degree turn at the shoreline and run in a latitudinal line, giving it more territory. Kenya’s surprise move came when the International Court of Justice (ICJ) kicks off hearings from the two nations today.. The Hague-based court has already released a schedule of the hearings that runs from Monday, March 15 to Wednesday, March 24. Press release 2021/12 17 March 2021 Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) - Final submissions of Somalia to be made on Thursday 18 March 2021 at 3 p.m. Kenya case at ICJ: Somalia is 'ungrateful expansionist neighbour' Kenya accuses the court of bias in the case about a 160,000 square kilometre triangle in the Indian Ocean In Summary Kenya “has no grounds to complain about its treatment by the court” after the ICJ granted three previous requests for delays that held up the case by 18 months, he said. Rulings by the ICJ are final. Kenya will not take part in Monday’s hearings over its maritime border dispute with Somalia at the International Court of Justice, government sources have told the BBC. However, in 2014, the Horn of African country filed a case before the International Court of Justice. He, however, said the country will face Somalia in court in whatever circumstances. Notably, the boundary between Kenya and Somalia has been respected by both countries until 2014 when Somalia attempted to disown the agreement by moving to court. Kenya also contested the ICJ’s authority to rule in the case, but the court dismissed its objections in 2017. In a rather unprecedented move, Kenya withdrew from an Indian Ocean maritime border dispute case pitting her and neighbouring Somalia. 19 Sep 2016 - The International Court of Justice (ICJ), principal judicial organ of the UN, holds hearings in the case of Somalia v. Kenya, from 19 to 23 September 2016 (preliminary objections raised by Kenya). “Kenya informed the court by letter, dated March 11 received March 12, that they would not participate,” presiding Judge Joan Donoghue said. Kenya boycotts ICJ hearing on Somalia sea boundary row. Kenya will not attend International Court of Justice hearings that begin this week over a long-running border dispute with Somalia, according to a letter seen Sunday by AFP. International Court of Justice in The Hague is scheduled to start hearing the case between the neighbours on Monday. Al Jazeera’s Catherine Wambua-Soi, reporting from Nairobi, said the lawyers representing Somalia at the ICJ argued that the country “never agreed to any boundary line, demarcation by Kenya as the country is suggesting. The International Court of Justice (ICJ) will commence hearing of the Kenya-Somalia maritime border case on Monday, March 15. In 2014, Somalia sued Kenya at the International Court of Justice (ICJ) in The Hague. Press release 2015/27 12 October 2015 Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) - Fixing of time-limit for the filing by Somalia of a written statement of its observations and submissions on the preliminary objections raised by Kenya The dispute is about some 100,000sq km of seafloor, believed to be rich in oil and gas. The spat began after Somalia accused Kenya of illegally awarding exploration rights in the waters to multinationals Total and Eni. Kenya resisted, arguing that the world court did not have jurisdiction to … Kenya, he added, was moved by the fact that the Covid-19 pandemic is still ravaging across the world, faulting the decision by ICJ to postpone the case. “The Government and People of Kenya feel betrayed that Somalia had brought the case before the ICJ after disowning a maritime boundary that it had consented to for over 35 years. Before closing the hearing, the judge said Kenya had written a letter to the ICJ, which is being debated. Kenya has pulled out of the maritime border case with Somalia just a few hours to the scheduled hearing at the International Court of Justice in The Hague, Netherlands. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Somalia’s written comments on the new documents submitted by Kenya, Somalia’s observations on Kenya’s second request to submit new documents, Somalia’s written reply to the question asked by Judge Bennouna at the end of the hearing held on 16 March 2021, Kenya’s second request to submit new documents, Annex 1: Law No. Kenya also contested the ICJ’s authority to rule in the case, but the court dismissed its objections in 2017. Basically they are saying Somalia is being hard headed and unbecoming of an African brother that they took another African to Western Court, they say that Somalia shouldn't forget the favors kenya shown them during the Civil-war like hosting Somali refugees, and another point they made was Somalia already has a huge Ocean Space that they should just handover that small Kismaayo Ocean to Kenya … Public sitting held on Wednesday 21 September 2016, at 4.30 p.m., at the Peace Palace, President Abraham presiding, in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) - Preliminary Objections Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). Somalia accused Kenya of trying to ‘infringe upon the sovereignty, territorial integrity, political independence’. However, the court has no direct means of enforcement and some states have ignored its decisions in the past. Somalia recognised Kenya’s claim to the EEZ for 35 years. In 2012, Somalia accused Kenya of awarding exploration rights to two European multinational oil and gas companies, Total and Eni. 7 of 9 January 1984 Approving and Containing the Mineral Code of the Somali Democratic Republic, Annex 2: Map depicting Somali concessions and key 1988 wells, Annex 4: Maps depicting Somali Concession Blocks 1978, 1986, 1988, 1991 and the Jorre Block, 2009, Application requesting the Court to authorize Kenya to file new documentation and evidence, Appendix 1 to Application requesting the Court to authorize Kenya to file new documentation and evidence, Appendix 2 to Application requesting the Court to authorize Kenya to file new documentation and evidence - Volume I, Joint declaration of Judges Gaja and Crawford, Dissenting Opinion of Judge ad hoc Guillaume, Comments in writing of Kenya on the written reply of the Somali Government to the questions put by Judge Crawford at the public sitting held on the morning of 23 September 2016, Comments in writing of Somalia on the written reply of the Kenyan Government to the questions put by Judge Crawford at the public sitting held on the morning of 23 September 2016, Written reply of Kenya to the questions put by Judge Crawford at the public sitting held on the morning of 23 September 2016, Written reply of Somalia to the questions put by Judge Crawford at the public sitting held on the morning of 23 September 2016, Written statement of Somalia concerning the preliminary objections of Kenya. 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