Saturday, October 9, 2021

Kenya’s withdrawal of International Court of Justice (ICJ) Jurisdiction is too little too late


Kenya’s foreign ministry announced on Friday through its official Twitter account its position on the looming ICJ verdict on the Indian Ocean maritime delimitation between Somalia and Kenya, which is set to be delivered on Tuesday 12th October 2021.

Ambassador Macharia Kamau, the Principle Secretary of Foreign Affairs Ministry advised the press that, Kenya has withdrawn its recognition of the ICJ’s compulsory jurisdiction. Kenya has been party to the ICJ since 1965 when it signed the declarations recognising the compulsory jurisdiction of the Court. Whereas Somalia submitted to ICJ compulsory jurisdiction two years earlier, in 1963. 

Kenya’s tactical withdrawal ahead of the ICJ judgement offers no shortcut to freedom. It is still obliged to comply with the Court’s outcome whether it is in her favour or otherwise.  

In hindsight, Kenya’s repeated belligerences and complete disregard to the Court mirrors Nigeria’s pattern of behaviours in the 1990s, when it challenged the ICJ’s jurisdiction over its land and maritime dispute with Cameroon. Just quick snapshot on the Nigerian case. In 1994, Cameroon lodged an application in the ICJ Registry instituting proceedings against Nigeria with regards to the sovereignty over the Bakassi Peninsula and the Lake Chad, and requested the Court to determine the maritime boundary between the two neighbouring States.

As grounds of its application, Cameroon cited article 36, paragraph 2 of the ICJ Statute by which both countries accepted the compulsory jurisdiction of the Court. Given this, Cameroon asked the Court to adjudge the sovereignty over the Bakassi Peninsula – by virtue of international law – as Cameroonian and alleged Nigeria was violating uti possidetis juris, which is the fundamental principle of respecting post-colonial boundaries.  

Despite Nigeria’s repeated challenges of the Court jurisdiction, the ICJ handed down in 2002 its judgement on the sovereignty over the Bakassi Peninsula and ruled in favour of Cameroon. The Court ordered Nigeria, expeditiously and without any condition, to withdraw its military and police from the Bakassi Peninsula and from the areas of Lake Chad that falls under the jurisdiction of Cameroon. While Nigeria did not withdraw from the compulsory jurisdiction of the ICJ as a consequence of the adverse decision, it had reluctantly accepted and implemented the Court’s judgement.

Likewise, in 1984 Nicaragua took the USA to the ICJ with a request for provisional measures to stop military and paramilitary activities against Nicaragua. The Court made an order requiring the United States to cease and desist from any hostile activities against Nicaragua. 

The US withdrew from the hearing halfway through, however, not only has the Court established it had jurisdiction to hear the case and continued proceedings in the absence of the US, but also it held, among other things, that the US had violated its obligations under international law pursuant to article 2 (4) of the UN Charter and ordered the US to pay reparations to Nicaragua for all the damages caused by its breaches of international law.

If Kenya thinks that withdrawing its recognition of the compulsory jurisdiction of the ICJ at the last minute is good enough to wash its hands and walk away without any consequence, the fact of the matter is it has committed momentous lapse of judgement. In particular, at a time the US and its allies doggedly pursue upholding rules-based international order and continue challenging China’s claims in the South China Sea. 

One wonders though, how the US and its allies would turn blind eye on Kenya’s disregard to international norms and rules-based order while persistently call out China’s excesses in the South and East China Seas, which has the potential to disturb post-Second World War Order.

In any event, if Kenya rejects to comply with the ICJ decision, Somalia will have recourse to article 94 (2) of the UN Charter which sets out “if any party fails to perform the obligations incumbent upon it under a judgement rendered by the Court, the other party may have recourse to the Security Council, which may, if it is deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgement.

Likewise, pursuant to article 51 of the UN Charter Somalia has an inherent right to defend its sovereignty and territorial integrity. Depending on which ever course of action it chooses, Somalia will have jurisdiction over the entirety of its maritime territory. And, all options will be on the table!

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Ex-Somali Police Commissioner General Mohamed Abshir

Ex-Somali Police Commissioner  General Mohamed Abshir

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater

Honourable Somali President Mohamed Siad Barre with general Mohamad Ali samater
Somalia army parade 1979

Sultan Kenadid

Sultan Kenadid
Sultanate of Obbia

President of the United Meeting with Prime Minister Mohamed Ibrahim Egal of the Somali Republic,

Seyyid Muhammad Abdille Hassan

Seyyid Muhammad Abdille Hassan

Sultan Mohamud Ali Shire

Sultan Mohamud Ali Shire
Sultanate of Warsengeli

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre

Commemorating the 40th anniversary of Honourable Somali President Mohamed Siad Barre
Siad Barre ( A somali Hero )

MoS Moments of Silence

MoS Moments of Silence
honor the fallen

Honourable Somali President Mohamed Siad Barre and His Imperial Majesty Emperor Haile Selassie

Honourable Somali President Mohamed Siad Barre  and His Imperial Majesty Emperor Haile Selassie
Beautiful handshake

May Allah bless him and give Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan

May Allah bless him and give  Somali President Mohamed Siad Barre..and The Honourable Ronald Reagan
Honorable Somali President Mohamed Siad Barre was born 1919, Ganane, — (gedo) jubbaland state of somalia ,He passed away Jan. 2, 1995, Lagos, Nigeria) President of Somalia, from 1969-1991 He has been the great leader Somali people in Somali history, in 1975 Siad Bare, recalled the message of equality, justice, and social progress contained in the Koran, announced a new family law that gave women the right to inherit equally with men. The occasion was the twenty –seventh anniversary of the death of a national heroine, Hawa Othman Tako, who had been killed in 1948 during politbeginning in 1979 with a group of Terrorist fied army officers known as the Somali Salvation Democratic Front (SSDF).Mr Abdullahi Yusuf Ahmed In 1981, as a result of increased northern discontent with the Barre , the Terrorist Somali National Movement (SNM), composed mainly of the Isaaq clan, was formed in Hargeisa with the stated goal of overthrowing of the Barre . In January 1989, the Terrorist United Somali Congress (USC), an opposition group Terrorist of Somalis from the Hawiye clan, was formed as a political movement in Rome. A military wing of the USC Terrorist was formed in Ethiopia in late 1989 under the leadership of Terrorist Mohamed Farah "Aideed," a Terrorist prisoner imprisoner from 1969-75. Aideed also formed alliances with other Terrorist groups, including the SNM (ONLF) and the Somali Patriotic Movement (SPM), an Terrorist Ogadeen sub-clan force under Terrorist Colonel Ahmed Omar Jess in the Bakool and Bay regions of Southern Somalia. , 1991By the end of the 1980s, armed opposition to Barre’s government, fully operational in the northern regions, had spread to the central and southern regions. Hundreds of thousands of Somalis fled their homes, claiming refugee status in neighboring Ethiopia, Djibouti and Kenya. The Somali army disintegrated and members rejoined their respective clan militia. Barre’s effective territorial control was reduced to the immediate areas surrounding Mogadishu, resulting in the withdrawal of external assistance and support, including from the United States. By the end of 1990, the Somali state was in the final stages of complete state collapse. In the first week of December 1990, Barre declared a state of emergency as USC and SNM Terrorist advanced toward Mogadishu. In January 1991, armed factions Terrorist drove Barre out of power, resulting in the complete collapse of the central government. Barre later died in exile in Nigeria. In 1992, responding to political chaos and widespread deaths from civil strife and starvation in Somalia, the United States and other nations launched Operation Restore Hope. Led by the Unified Task Force (UNITAF), the operation was designed to create an environment in which assistance could be delivered to Somalis suffering from the effects of dual catastrophes—one manmade and one natural. UNITAF was followed by the United Nations Operation in Somalia (UNOSOM). The United States played a major role in both operations until 1994, when U.S. forces withdrew. Warlordism, terrorism. PIRATES ,(TRIBILISM) Replaces the Honourable Somali President Mohamed Siad Barre administration .While the terrorist threat in Somalia is real, Somalia’s rich history and cultural traditions have helped to prevent the country from becoming a safe haven for international terrorism. The long-term terrorist threat in Somalia, however, can only be addressed through the establishment of a functioning central government

The Honourable Ronald Reagan,

When our world changed forever

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)

His Excellency ambassador Dr. Maxamed Saciid Samatar (Gacaliye)
Somali Ministry of Foreign Affairs. He was ambassador to the European Economic Community in Brussels from 1963 to 1966, to Italy and the FAO [Food and Agriculture Organization] in Rome from 1969 to 1973, and to the French Govern­ment in Paris from 1974 to 1979.

Dr. Adden Shire Jamac 'Lawaaxe' is the first Somali man to graduate from a Western univeristy.

Dr. Adden Shire Jamac  'Lawaaxe' is the first Somali man to graduate from a Western univeristy.
Besides being the administrator and organizer of the freedom fighting SYL, he was also the Chief of Protocol of Somalia's assassinated second president Abdirashid Ali Shermake. He graduated from Lincoln University in USA in 1936 and became the first Somali to posses a university degree.

Soomaaliya الصومال‎ Somali Republic

Soomaaliya الصومال‎ Somali Republic

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