ICJ coverage Day 1: ICJ has no jurisdiction over Maritime case, Kenya argues

Preliminary submissions on the determination of the International Court of Justice jurisdiction over the maritime case filed by Somalia against Kenya started off today in the Hague with Kenya standing its ground on the 2009 Memorandum of Understanding with Somalia.

At a preliminary hearing Monday, Kenya argued the ICJ did not have jurisdiction over the case since the two countries had agreed to resolve the dispute through an MOU and also engage the instruments of the UN Convention on the Laws of the Seas, UNCLOS.

Lawyer Payam Akhavan, representing Kenya, told the court that “basic principles of treaty interpretation” mean that “this dispute falls outside its jurisdiction.”

The proceedings which will run through to Friday will see Somalia take to the defence Tuesday in a case which both countries argue the 100,000 kilometre triangular section of the Indian Ocean is within their boundary.

Meanwhile Somali President Hassan Sheikh Mohamud has said his country was confident it would win the case adding Somalia would not surrender even an inch of its boundary.

“We aim not to lose even an inch of our territorial waters. You know at the beginning the two countries could not agree to settle case among themselves. Somalia then decided to take the case to the world court because we wanted the matter to be settled legally. We are confident this case will work for us. Somali government is determined to get back the right of our territorial water,” President Mohaud said Monday.