Oct 23, 2021

Mawazo Writing Africa

Writing about the main

Uhuru Kenyatta says ICJ border ruling zero-sum, wants diplomatic solution

Kenya’s President Uhuru Kenyatta on Tuesday rejected the International Court of Justice’s decision to redraw the maritime border with Somalia, setting the stage for further diplomatic tensions Based on an equidistant line rather than the parallel line of latitude, President Kenyatta said the verdict was “zero sum” and Kenya would neither accept nor acknowledge it.

The Kenyan leader said he would not. following the decision of the court, “intend to revoke my solemn oath; and I will do everything in my power as President and Commander-in-Chief to preserve the territory of this great republic and leave it intact and unencumbered. “

The decision, he argued, embodies” an upholding of the Jurisdiction of the ICJ and raises a fundamental issue of respect for the sovereignty and consent of states ”in international judicial proceedings. “In fact, Kenya doubts that a state would even have appeared in a case like this.”

International courts

“International courts are only allowed to the extent that a state has consent,” he said from New York, where he chaired a meeting of the UN Security Council on Tuesday.

“Kenya therefore calls on the international community to create an enabling environment for the pursuit of a negotiated solution. Under the circumstances, this decision is a zero-sum game that will strain relations between the two countries. ”

The ICJ ruled on Tuesday that Kenya and Somalia had not agreed on a maritime border, but decided on a part to agree to Somalia’s demands, including the halving of its territorial claims in the disputed waters of the Indian Ocean. eats a significant portion of the waters claimed by Kenya in the previous border, which flowed east on a parallel line of latitude.

The court halved the territorial claims for both, despite dismissing most of Kenya’s arguments, including the fact that there was an agreement on a border.

Shortly after the decision, Somalis in general celebrated, with President Mohamed Farmaajo saying the decision was “an example of the ICJ’s integrity and transparency”.

Printing tactics

“Just three months after I took office, the Kenyan leadership began to intervene directly in our country’s political process by mobilizing political groups in Kenya to create an atmosphere of chaos in Somalia and to create the political instability that would ultimately lead to the withdrawal of the case in court, “claimed Farmaajo in a televised speech.

” After the failure After these printing tactics, the Kenyan government resorted to direct violations of our sovereignty. The Kenyan government has invested tremendous time and resources in a campaign to isolate us politically and to give our neighboring countries, the continent as a whole, and the international community a distorted picture of our nation. ”

Farmaajo did not extensively, but Kenya had tried in the past to have both sides settle the maritime dispute out of court, which Somalia refused.

Oral hearings

President Kenyatta said the verdict came after Kenya refused has to attend the final oral hearings and the compulsory ICJ jurisdiction is withdrawn, the social, political and economic benefits will be reversed; “And possibly worsen the peace and security situation in the fragile region of the Horn of Africa.” Court enforce its will where it has not been approved.

“Kenya, like other independent countries, has a specific geographic area. As a loyal member of the United Nations, the United Nations Security Council, and the African Union Peace and Security Council, we ask the rest of the family of nations to appreciate and respect our innate right to protect our innate right by all means available to our territory.

Kenya had spoken out against the case when Somalia first filed it in 2014, arguing that there were alternative means of resolving the dispute. The court rejected the Nairobi argument, saying the alternative means (a MoU) were neither exclusive nor prevent the parties from bringing lawsuits.

After joining in 1965, Kenya only had one compulsory jurisdiction granted unless the parties have alternative options, are members of the Commonwealth or their disputes could be settled through other courts.

However, on September 24, Kenya completely lifted compulsory jurisdiction, which means that the parties could only sue the ICJ with consent. However, the maritime case was close to ruling and the judges continued to rule.

However, President Kenyatta said he wanted a diplomatic solution.