UN high court rules for Somalia in maritime border dispute with Kenya

THE HAGUE, Netherlands (CN) — Judges at the United Nations’ top court handed a stretch of the Indian Ocean over to Somalia on Tuesday. 

After about a decade of wrangling, the International Court of Justice ruled that most of a disputed 40,000-square-mile expanse of oil and gas-rich ocean belonged to Somalia rather than Kenya. However, Kenya has already said it refuses to accept the ruling after dropping out of the case earlier this year. 

Mogadishu says its maritime border continues in the same direction as its land border, but Nairobi contends the border runs in a straight line latitudinally. The Horn of Africa neighbors began bilateral negotiations in 2009 to resolve the issue, but after repeated attempts at negotiation failed, Somalia filed a complaint with The Hague-based ICJ in 2014. 

In a lengthy ruling, the court’s 15-judge panel disregarded the proposed lines of both countries and instead drew its own, slightly north of what Somalia had asked for. The decision is seen largely as a win for Somalia, as the area of the ocean given to Kenya has less oil. 

“It is a result of an overall appreciation of the relevant circumstances by the court in seeking to achieve an equitable solution,” Presiding Judge Joan Donoghue said while reading the decision in the courtroom Tuesday.

Somalia also wanted the court to grant it reparations for what it says was an illegal occupation of its territory, but the court said there was no evidence that Kenya had knowingly engaged in illegal activities.

Civil war has been ongoing in Somalia since the 1980s and several regimes have been overthrown by force. The country argued that it had no functioning government and no ability to police its border during much of this time. Kenya countered that it has maintained control of the area since 1979. 

It’s unclear whether Tuesday’s decision will settle the dispute. On Friday, Kenya’s Ministry of Foreign Affairs announced the country was leaving the jurisdiction of the ICJ, notifying the U.N. it was withdrawing from at 1965 treaty that recognized the court's compulsory jurisdiction.

“As a sovereign nation Kenya shall no longer be subjected to an international court or tribunal without its express consent,” a spokesperson said during a press conference. 

By contrast, Somalia's Deputy Prime Minister Mahdi Mohamed Guled told the BBC after the ruling was released that Somalia "believes in the rules-based system... that's why we came to the court."

Kenya refused to participate in hearings earlier this year, accusing the court of bias for refusing to reschedule hearings for the fourth time.  Kenya had been given two prior postponements in 2019 to replace its legal team and hearings scheduled in June 2020 were rescheduled to March 2021 because of the pandemic. Under court rules, proceedings continued without Kenya’s participation. 

The country did participate in 2016 hearings over jurisdiction and the court held in 2017 that it has authority to hear the dispute. 

Somalia has long bristled at the interference of its larger neighbor. Last year, it banned the import of the popular mild stimulant plant, khat, from Kenya, arguing the move was a Covid-19 precaution despite continuing to import the plant from Ethiopia.

Then, in December, Somalia cut diplomatic ties with its southern neighbor, claiming Kenya was interfering in its elections. However, the countries’ leaders met in August in an effort to warm relations. 

Follow @mollyquell

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit