The UN’s high courtroom has dominated largely in favour of Somalia in its long-running dispute with Kenya over their maritime border.
Kenya rejected the ruling “in totality” earlier than accusing the Worldwide Courtroom of Justice of bias.
The case involved a 38,000 sq mile (100,000 sq km) triangle within the Indian Ocean that’s regarded as wealthy in oil and fuel.
The dispute has been on the coronary heart of a diplomatic row between the neighbours.
In a tweet, Somalia’s Information Minister Osman Dubbe welcomed the ruling and congratulated Somalis on regaining their territory.
For the previous 4 a long time, Kenya has stated its maritime border runs in a straight line east from the place the 2 nations meet on the coast.
Somalia, nonetheless, argued in courtroom that the ocean frontier within the Indian Ocean ought to comply with on in the identical course as their land border.
Somalia had additionally argued that Kenya had violated its sovereignty by working in its territorial waters and demanded reparations.
The judges, nonetheless, rejected this argument.
The panel of 14 judges sitting in The Hague stated that Kenya had not proved that Somalia had beforehand agreed to its claimed border.
As a substitute, they drew a brand new line which has cut up the disputed space in two.
Kenya has refused to recognise the ICJ’s jurisdiction. And because the courtroom has no means to implement its rulings, it’s unclear what is going to occur subsequent.
In a press release, President Uhuru Kenyatta stated the ruling would “pressure the relations between the 2 nations”.
In 2009, each nations agreed in a memorandum of understanding, backed by the UN, to settle the boundary dispute by negotiation.
However 5 years later, Somalia stated the talks had failed and it went to the ICJ as a substitute.
Earlier than the judgment was delivered, Somalia’s Deputy Prime Minister Mahdi Mohamed Guled informed the BBC that his nation “believes within the rules-based system… that is why we got here to the courtroom”.
The courtroom is meant to be the ultimate arbiter in disputes between nations.
Now that Kenya has rejected the ruling, the problem may very well be escalated to the UN Safety Council, experiences the BBC Anna Holligan from The Hague.
The stalemate continues
Evaluation, by Ferdinand Omondi, BBC Information, Nairobi
Neither nation wished this judgement, however Somalia is happier.
In spite of everything, it bought lots of what it claimed and Kenya didn’t need to hand over something in any respect.
Somalia’s info minister captured the temper along with his congratulatory tweet.
In the meantime, Kenya’s international ministry has informed me it stands by final week’s assertion that it doesn’t recognise the courtroom’s judgement.
Questions now centre on what subsequent – and who can implement the judgement?
Kenya has indicated that it is able to go to struggle to defend its territory – a naval base close to the disputed space was just lately upgraded to a full navy base.
Somalia has no navy. However it has pals.
Battle nonetheless isn’t the primary choice.
Cue one other spherical of talks, or a diplomatic showdown. Or each.
Kenya argued unsuccessfully that the ICJ shouldn’t be concerned because the 2009 memorandum of understanding was binding.
Then in March it refused to participate in hearings after having requested for a delay to temporary a brand new authorized workforce.
It additionally objected to the presence on the ICJ panel of a Somali decide, saying he ought to recuse himself.
Final week, Kenya’s authorities described the case as a “flawed judicial course of”. It added that there was “inherent bias” and that the courtroom was an unsuitable option to resolve the dispute.