Somalia Rejects Diplomatic Resolution of Maritime Dispute with Kenya

Published: August 11, 2021

The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings (by video link) in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) at the Peace Palace in The Hague, the seat of the Court, as from 15 March 2021. Sessions held under the presidency of Judge Joan E. Donoghue, President of the Court. The CourtÕs role is to settle, in accordance with international law, legal disputes submitted to it by States (its Judgments are final and binding) and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies.

Somalia has rejected pressure for a diplomatic resolution to a longstanding maritime dispute with Kenya, maintaining the matter will be decided by the International Court of Justice (ICJ). Despite a charm offensive by Kenya, Somalia reckons the ICJ must provide the final verdict on the dispute that has been running for close to a decade in which the neighbouring countries both claim ownership of large territories of the Indian Ocean with prospects of vast oil and gas deposits.

Kenya’s Foreign Affairs Minister Raychelle Omamo made a maiden visit to Somalia’s capital, Mogadishu, where she held talks with Somali Prime Minister Mohamed Hussein Roble and sought to push the agenda of an out-of-court settlement with a deal brokered by the African Union. However, Somalia stuck to its guns saying that the maritime dispute between both nations will be decided by The Hague-based court whose ruling is eagerly awaited after formal hearings in March this year. Kenya boycotted the hearings after accusing the ICJ of unfairness and unwillingness to delay the proceedings as a result of the COVID-19 pandemic.

“Somalia has underscored that an existing maritime dispute between both nations will be decided by The Hague-based International Court of Justice, or ICJ, despite several requests by Kenya to reach a settlement out of court,” said a statement from the prime minister’s office.

The two east African neighbors dispute over 38,000 square miles of territory in the Indian Ocean with prospects of vast oil and gas deposits, a matter Somalia wants the ICJ to arbitrate. The dispute has also led to frosty diplomatic relations over accusations and counter-accusations about interference with domestic affairs, territorial integrity, trade and security.

The statement noted that the two ministers “emphasized the importance of taking concrete measures to show respect for sovereignty, territorial integrity and political independence, which are the cornerstone of the relationship between the two countries.”

Somalia filed the case at the ICJ in 2014 on the basis that Kenya was encroaching on its marine territory and has repeatedly rejected calls to withdraw it and allow for a diplomatic resolution to the dispute.

Both countries are claiming ownership to the territory and have gone ahead to invite international companies to explore for gas and oil.