Kenya pulled out of the case on the final minute, accusing the U.N.’s highest court docket of bias.
THE HAGUE, Netherlands (CN) — Somalia requested the United Nations’ prime court docket to toss out Kenya’s request for a latitudinal maritime border stretching into the Indian Ocean in a decades-old authorized dispute between the 2 East African nations.
Kenya abruptly pulled out of the proceedings, days earlier than they had been set to begin on Monday, claiming the Worldwide Courtroom of Justice was biased for refusing to grant a fourth request to delay the hearings.
Somali, which introduced the case to The Hague-based ICJ, pushed on, arguing that Nairobi’s request for management over a 40,000-square-mile expanse of oil and gas-rich ocean was unfair and out of step with maritime norms.
“May can’t be allowed to substitute for authorized proper,” lawyer Lawrence H. Martin argued on behalf of Somalia, showing just about. His shopper is dwarfed in each inhabitants and gross home product by its southern neighbor.
Hearings opened on Monday and continued as deliberate on Tuesday. Kenya was scheduled to provide its presentation on Thursday and Friday, with each events providing closing statements subsequent week.
As an alternative, Mohamed Omar Ibrahim, senior adviser to the president of Somalia, gave his nation’s closing remarks Thursday.
“We’re in your trusted arms. We have now loads at stake in these proceedings. However we’ll await your choice with equanimity as a result of we’ve each confidence that your equity and your knowledge will lead you to a judgment that’s equitable,” Ibrahim advised the ICJ judges.
Somalia introduced the dispute to the U.N.’s prime court docket in 2014 after diplomatic discussions failed. It argues its maritime border ought to proceed in the identical path as its land border, however Kenya contends the border ought to run in a straight line latitudinally.
Nairobi requested the court docket twice in 2019 to postpone arguments within the case so it might substitute its authorized staff. Then it requested one other delay in 2020 as a result of Covid-19 disaster and requested for the present set of hearings to even be delayed due to the pandemic. When that was denied, Kenya withdrew.
Below court docket guidelines, proceedings can solely be stopped if Kenya withdraws from the court docket totally, which it has not indicated it should do. The nation did take part in 2016 hearings over jurisdiction and the court held in 2017 that it has authority to listen to the dispute.
Somalia’s authorities delegation appeared in particular person within the Nice Corridor of Justice in The Hague, although its authorized staff principally appeared just about.
Somalia argued that the court docket ought to apply the so-called three-stage technique when making its choice, the usual for maritime border disputes. The method includes first drafting a line that takes into consideration geographic options and is geometrically goal, then shifting the road to attain an “equitable consequence” earlier than verifying it.
“My job is an uncommonly, uncomplicated one,” Martin stated on the outset of his presentation. In accordance with Somalia, there aren’t any geographical markers, making a continuation of the nation’s land border the best resolution.
Somalia has been experiencing a civil conflict for the reason that Nineteen Eighties, throughout which a number of regimes have been overthrown by drive. The nation argued that it had no functioning authorities and no means to police its border throughout a lot of this time. In December, Somalia cut diplomatic ties with its southern neighbor, claiming Kenya was interfering in elections.
A closing choice within the case might take years after appeals are filed.