Kenya says the ICJ has no jurisdiction in Somalia sea dispute case

Kenya says the ICJ has no jurisdiction in Somalia sea dispute case

Geza Ulole said:
Somalia given greenlight to respond in border case
TUESDAY FEBRUARY 13 2018

maritime+border.jpg

The area in the Kenya-Somalia maritime border dispute is about 100,000km2 forming a triangle east of the Kenya coast. FILE GRAPHIC | NATION MEDIA GROUP

In Summary
  • The court Monday announced that Somalia should respond to Kenya’s claim that the current flow of the border should remain intact.

  • Somalia sued Kenya in August 2014, saying the border between the two countries should extend diagonally into the sea.

  • The area in contest is about 100,000 square kilometres, forming a triangle east of the Kenyan coast.
nation.jpg

By DAILY NATION
More by this Author
The International Court of Justice has allowed Somalia to file a response to a case in which it has sued Kenya over a maritime border.

The move kick-starts a fresh round of arguments, which could determine the final flow of the border.

The court Monday announced that Somalia should respond to Kenya’s claim that the current flow of the border should remain intact by June 18, after which Kenya will have another six months to respond.

“The court issued this decision taking into account the views of the parties and the circumstances of the case. The subsequent procedure has been reserved for further decision,” said a statement from the court’s registry.

Kenya's plea

On February 2 this year, presiding judge Ronny Abraham accepted Kenya’s plea to file a second round of arguments, which Nairobi said would take longer to prepare. This means the two countries will have another opportunity to argue before the court.

Somalia sued Kenya in August 2014, saying the border between the two countries should extend diagonally into the sea, south of Kiunga and not eastwards as it is today. But Kenya has argued that this may also affect its sea border with Tanzania.

The current border has existed largely as a result of Presidential Proclamation of 1979.

When the case was presented to court last year in February, Kenya’s preliminary objections were dismissed.

Kenya had argued that the court lacked jurisdiction and that the two countries had signed a memorandum of understanding to have the matter resolved through the UN Commission on the Limits of the Continental Shelf, something which Nairobi had claimed was not yet exhausted.

Area in contest

The area in contest is about 100,000 square kilometres, forming a triangle east of the Kenyan coast.

In 2009, Kenya and Somalia had reached an MoU and deposited it at the UN. It proclaimed that the sea border should run eastwards. But the case is also influenced by the suspected oil deposits in the contested area.

Somalia had argued that Kenya was prospecting in the area, something that could expose Somali resources to exploitation should it win.

In December, Kenya filed an argument before the Court saying the matter can best be handled through the United Nations Convention on the Law of the Sea (UNCLOS) and insisted its continued exploration, fishing and other activity in the disputed area is based on a bilateral decree issued by the countries’ leaders in 1979.

Somalia allowed to respond in border case


MY TAKE

Nyang'aus should leave us out of their open day territorial theft! As far as i know Somalia does not want to take the whole of Kenya's maritime territory but the 38000 sq km as their point of contention is pretty open n has nothing to do with Kenya's southern border going eastwards parrarel to latitudes. The map in the East African is deliberately distorting Somalia's claim as shown in the map below n i'm pretty sure Kenya will lose this case..

kharidad3.jpg
Click to expand...

Rudi Dar Duh......... pathetic Tanzanians
 
Geza Ulole said:
keep consoling urself i am pretty sure Somalia will win the case 95% sure! I will come back here to prove that to u the day of verdict!
Click to expand...

like all your predictions.. similar to a Tanzanian Witch craft... never happen.. Rudi uganga stupid lazy fools
 
Hoshea said:
Kenya wakishinda, Tz itabidi nasi tudai wakenya kipande cha bahari kama vile wao wamechukua from Somalia. I think it'll be fair.
Click to expand...

Na ule mpaka uliotoka lake Victoria tuunyooshe mpaka mombasa
 
Geza Ulole said:
Hii maneno Kenya will lose!
Click to expand...
Dude, wacha kukurupukwa , even in the worst case scenario Kenya loses, Kenya actually has to co-sign the rulling together with Somalia for the case to be declared resolved. If the judges want the case solved they will have to make sure it's a win win for everyone... e.g, declare the territory remain under Kenya's sovereignty but any oil or gas discoveries below the sea bed be explored jointly and shared equally with Somalia. That kind of rulling will be something we can both live with.

But if the ICJ in their wisdom decide that an inch of that territory is going to be given back to Somalia, obviously Kenya will reject the rulling and if an appeal also upholds the rulling Kenya will totally reject the rulling ..
FYI, the ICJ has less powers than the ICC, they don't have the powers to arrest anyone, heck at least ICC has the power to issue arrest warrants, the ICJ can't do that, So it all falls back on the UN security council to decide in the event that Kenya regect the rulling and ignores it ..... Do you know why Kenya is aggressively seeking to fill a UN security council seat that will be vacant next year? You better pray every nation sees that move and deny us that UN seat cause if we get it we are going to make sure Somalia looses on any decision that would be left to the Security council .
 
Kafrican said:
Dude, wacha kukurupukwa , even in the worst case scenario Kenya loses, Kenya actually has to co-sign the rulling together with Somalia for the case to be declared resolved. If the judges want the case solved they will have to make sure it's a win win for everyone... e.g, declare the territory remain under Kenya's sovereignty but any oil or gas discoveries below the sea bed be explored jointly and shared equally with Somalia. That kind of rulling will be something we can both live with.

But if the ICJ in their wisdom decide that an inch of that territory is going to be given back to Somalia, obviously Kenya will reject the rulling and if an appeal also upholds the rulling Kenya will totally reject the rulling ..
FYI, the ICJ has less powers than the ICC, they don't have the powers to arrest anyone, heck at least ICC has the power to issue arrest warrants, the ICJ can't do that, So it all falls back on the UN security council to decide in the event that Kenya regect the rulling and ignores it ..... Do you know why Kenya is aggressively seeking to fill a UN security council seat that will be vacant next year? You better pray every nation sees that move and deny us that UN seat cause if we get it we are going to make sure Somalia looses on any decision that would be left to the Security council .
Click to expand...
Washenzi nyie mmekwapua territory ya Somalia! No wonder insecurity haiishi Kenya! And who will grant u a seat in the ICC with ur evil intentions?
 
Hoshea said:
Kenya wakishinda, Tz itabidi nasi tudai wakenya kipande cha bahari kama vile wao wamechukua from Somalia. I think it'll be fair.
Click to expand...
Kaka, the border between KE and TZ is horizontal just like the way we claim with our Somali Neighbors,
If KE loses then TZ will loose Pemba Island to KE
 
Geza Ulole said:
It doesn't but since the waters will be Somalian every ship calling at Lamu will have to pay a fee to Somalian govt since will have to cross Somalian economic zone making it expensive! And there are possibilities Somalia will also file the case for the Northern Frontier Provinces too!


maritime+border.jpg
Click to expand...
What do you use your brain for if not for logical reasoning??
Northern Frontier Districts are Kenyan territory, Somali cannot lay claim to them, only the occupants of that region can secede to join any neighbor ...
And tried that in the 60s.. through warfare, ask how it went..
 
mwaswast said:
Geza Ulole you are always praying for our downfall unfortunately it never materializes. Shughulika na LDC yako na mkicheza tunanyakua Pemba.
Click to expand...
The guy is plain stupid, he can hate Ke all he wants but let him do so in a smart way.
Not parading his empty brain
 
Kama Kenya ilishindwa kudai mount Kilimanjaro ndio waje wadai kisiwa cha pemba kweli

Mpaka dunia inaisha Tz na Kenya hazitowai
Kuingia kwenye mgogoro mkubwa
vulcan said:
Kaka, the border between KE and TZ is horizontal just like the way we claim with our Somali Neighbors,
If KE loses then TZ will loose Pemba Island to KE
Click to expand...
 
Geza Ulole said:
Washenzi nyie mmekwapua territory ya Somalia! No wonder insecurity haiishi Kenya! And who will grant u a seat in the ICC with ur evil intentions?
Click to expand...
Not ICC, Kenya is looking to fill a seat at the UNSC, United Nation Security Council in New York, and why should we not be given? The current president of the ICJ is a Somali citizen, you want to tell me that his judgemtns against the case won't be biased towards favouring his country and influencing the other judges? Why shouldn't Kenya also get it's foot in the UNSC....



Here is an excerpt explaining the relationship between the ICJ and UNSC .
_________
"Compulsory" jurisdiction is limited to cases where both parties have agreed to submit to its decision, and so instances of aggression tend to be automatically escalated to and adjudicated by the Security Council. According to the sovereignty principle of international law, no nation is superior or inferior against another. Therefore, there is no entity that could force the states into practice of the law or punish the states in case any violation of international law occurs. Therefore, the absence of binding force means that the 193 member states of the ICJ do not necessarily have to accept the jurisdiction. Moreover, membership in the UN and ICJ does not give the court automatic jurisdiction over the member states, but it is the consent of each state to follow the jurisdiction that matters.

___________


So like I said earlier, wacha kutapatapa, both Kenya and Somalia will have to co-sign on the ICJ rulling document for the case to be declared solved. If the ICJ rule in Somali's favour, Kenya can refuse the ICJ's judgement and ingnore it.. and Since no one can enforce it's judgement on us, it will fall upon member countries of the UN security council to vote on the matter, on wether to officially adopt the ICJ rulling or reject it, if one of the permernent members of the UN Veto's the document, then the ICJ rulling will not be adopted even without a vote. China, with VETO powers is helping in building the lapsset project including Lamu port, China is also illegally building its own islands in the South China Sea, so I foresee them being sympathetic to VETO in favour of Kenya. But if that doesn't happen, plan B is to have Kenya at the security council Wich is composed of 15 non pamernet members and 5 parmenent members at any given time ... B4 any voting happens their is usually back channel deals and lobbying that goes on, and as you know when it comes to lobbying, we pull all the stops to make sure something goes our way, and we know how to navigate the UN circles.
 
You must log in or register to reply here.

Our Community

Regional Communities

Back
Top Bottom
Menu
Forums
New posts
Log in
Register