Supreme Justice Abdulqawi challenged ICJ ruling on Kenya maritime dispute
THE HAGUE – Contrary to the expectations of many, a senior choose sitting on the International Court of Justice [ICJ] dissent from Tuesday’s ruling, which has seen his personal homeland win a case that has dragged on within the courts for the previous seven years.
In his prolonged judgment, Judge Abdulqawi Ahmed Yusuf, a Somali nationwide, challenged a lot of the court docket’s rulings on the delimitation of the maritime boundary between Kenya and Somalia, with nearly all of judges agreeing to alter the road. equidistance in favor of Somalia.
But Judge Abdulqawi Ahmed Yusuf rejected the building of the center line, the delimitation of the financial zone and the continental shelf. He described his distancing from the constant jurisprudence of the Court and the “judicial overhaul of geography”.
The choose stated he disagreed with the way in which the delimitation was applied by the ICJ, which has seen Kenya lose a lot of the sea to Somalia. He has served in The Hague for a number of years in line with his profile.
“I agree that the tribunal should proceed with the delimitation of the continental shelf beyond the 200 nautical miles requested by both parties. I however disagree with the way in which the delimitation has been implemented,” reads -on partially of his judgment.
The choose stated the ICJ had not raised the undeniable fact that the delimitation, as defended by Kenya, was based mostly on an preliminary settlement between Nairobi and Dar es Salaam, which most popular a parallel delimitation straight from land to sea. , and was not cited anyplace within the judgment.
“The court should simply say that the delimitation of a certain similar one should take a certain course without justifying it or giving a convincing reason,” he argued. “The narrowing of Kenya’s coastal projections is pronounced after 200 nautical miles on account of the maritime delimitation settlement between Kenya and Tanzania in 2009. This is just not particularly talked about within the judgment.
While patriotism is probably not a consider the courts, the choose’s place will be criticized by his compatriots and will be celebrated by Kenya, which has since disowned the maritime judgment which has despatched blended alerts from the share of residents of each nations.
President Uhuru Kenyatta of Kenya has stated he won’t enable Nairobi to lose “even an inch” and pledged to shield “the territorial integrity of my country”. Uhuru, who’s in America for an official perform, has not anticipated how Kenya will cope with the matter.
For his half, outgoing Somali President Mohamed Abdullahi Farmaajo welcomed the determination and urged Kenya to “accept the decision” and “use it to develop a mutual relationship with us”. He accused the Kenyan authorities of “destabilizing Somalia since I took power”.