The International Court of Justice is scheduled to begin hearing the oral arguments in the maritime dispute between Somalia and Kenya, despite the latter pulling out of the proceedings in protest after being denied a fourth extension to postpone the case.
In a rare move, Kenya informed the court earlier this week that it would not be participating in the oral arguments, citing its unpreparedness brought on by the global pandemic and the presence of Abdulqawi Ahmed Yusuf, a Somali national, on the international court’s bench.
Somalia’s legal team will present its oral arguments first, between 3 PM and 6 PM on Monday and will continue its presentation on Tuesday between 3 PM and 4:30 PM.
The ICJ will hold the hearings in a hybrid format – another feature Kenya objected to – in light of the COVID pandemic. The hearings will be aired on a Livestream on the court’s website and UN Web TV.
Somalia launched legal proceedings against Kenya at the international court based in The Hague in August 2014 after failing to settle the issue through diplomatic channels. Kenya questioned whether the court had jurisdiction to hear the case, pointing to the 2009 MOU signed with Somalia’s then Minister for National Planning and International Cooperation, Abdirahman Abdishakur. The court rejected that claim and ruled in June 2019 that the court was within its legal rights to adjudicate the case. Since then, the issue has been delayed and postponed several times at Kenya’s request.
At stake is a potentially lucrative, triangular stretch of 100,000 square kilometres of offshore territory believed rich in hydrocarbons and fish.
Despite Kenya’s withdrawal, the ICJ can still proceed with the case and render a verdict since Kenya has already submitted its written arguments to the court. The ruling cannot be appealed, but its enforcement relies on the UN Security Council, of which Kenya is a non-permanent member.