On Tuesday, the International Court of Justice (ICJ) ruled in favor of Somalia over a disputed area in the Indian Ocean believed to contain gas and oil. Despite Kenya’s declaration that it had control of the region since 1979, the ICJ drew a line that was closest to the proposed line Somalia marked during the negotiation.
Since 2009, both countries have attempted to resolve the conflict internally through negotiations. Still, they disagreed over the disputed territory in the Indian Ocean, sparking Somalia to refer the matter to the U.N.’s highest court in August 2014 to resolve the case. Kenya argued for the boundary line to run east, while Somalia argued to run southeast of its land border. In 2017, The court rejected Kenya’s argument due to a lack of jurisdiction. In March 2020, Kenya withdrew from the proceedings just before the public hearing, claiming they needed more time to prepare and requesting that a Somali judge be removed from the legal team.
Last week, Kenya withdrew from the case, accusing the ICJ of being biased. Refusing to acknowledge the court’s decision, stating that “As a sovereign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent.” The ICJ granted Somalia the majority of the disputed maritime border but rejected the restitution demands that Kenya’s maritime activities violated Somalia’s sovereignty. Kenya received a smaller portion of the area because it failed to establish a sea boundary between the two countries. The decision from today’s court hearing is final and legally binding but unenforceable. Somalia’s President Mohamed Abdullahi Farmajo has urged Kenya to respect the outcome and restore their relationship.
Both countries’ tensions may exacerbate their already fragile diplomatic relations, potentially having far-reaching political, economic, and security consequences for both, especially after the drastic actions against each other in recent years. Somalia stopped issuing visas to Kenyans and prohibited the importation of goods. Kenya deported Somali officials and suspended flights between the two countries.
What remains to be seen are the government actions in response to today’s verdict. With Somalia’s insufficient forces to protect its citizens, Kenya has been the region’s primary military provider in combatting the terrorism of Al Qaeda-linked militant group Al-Shabab. It is unclear whether Kenya will continue to provide shelter to Somalia refugees and military assistance if the case is referred to the U.N. Security Council for a strict ruling.
This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Inquiry, and Government Relations.
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