HOMESTRETCH: Somalia to make final case as maritime duel wraps up

GOOBJOOG NEWS|THE HAGUE: Proceedings on the five years long maritime case between Somalia and Kenya today enter the final stretch today as Somalia makes its last appearance at the International Court of Justice before the 15 judges bench retires to deliberate on its verdict.

The Court said in a statement today Somalia will be making its final oral submission this afternoon since Kenya opted out of the exercise.

“In light of the fact that, by a letter dated 17 March 2021, the Republic of Kenya confirmed its decision not to participate in the oral proceedings, Somalia will present its final submissions on Thursday 18 March 2021 at 3 p.m,” statement read in part.

Somalia has been making its oral presentations at the Court for the last three days and concludes today. Kenya told the Court it would waive its right to appear over what it termed as ‘bias’ by the UN Court.

KENYA-TANZANIA AGREEMENT

In its submissions, Somalia told the Court Kenya had ‘invented’ new ways of delimiting the sea boundary departing from international practice. The international practice, Somalia said relies on the ‘equidistant rule’ rather than the parallel of latitude which Kenya has chosen.

The Court also heard that Kenya cut it off by agreeing to a parallel of latitude instead of the equidistant rule in its agreement with Tanzania in 2009.

“In 2009, if Kenya had pressed for an equidistance boundary with Tanzania, instead of a parallel of latitude, it would have secured for itself an extended continental shelf all the way to the outer limit of 350 nautical miles, comprising more than 25,000 sq km, even if the boundary with Somalia were also an equidistance line,” Professors Paul Reichler told the Court.

It thus appears that Kenya deliberately chose to surrender more than 25,000 sq km of maritime space beyond 200 nautical miles for a gain of just 10,725 sq km within 200 nautical miles, the lawyer added.

Professor Reichler however noted it was not upon Somalia ‘to pay for the consequences of that choice.’

It might take a minimum of six months for the Court to issue its verdict which is not appealable. The UN court is however dependent on the UN Security Council to enforce its rulings.