Month: October 2021

Somalia v. Kenya – ICJ Judgment

This week, the ICJ reached a judgment in the maritime boundary dispute between Somalia and Kenya. The case had some interesting aspects, such as potential agreements made when the countries were colonized.

The Judgment can be found here.

In paragraph 214, the Court found that:

  • There was no past agreement between the two countries regarding the boundary;
  • By a vote of 10 to 4 determined the boundary up until 200 nautical miles. See Judgment for exact boundry points;
  • By a vote of 9 to 5, decided that the boundary would continue to the outer limits of the continental shelf. Both countries have submitted claims to have their continental shield extended past 200 nautical miles, as per the rules set out in UNCLOS;
  • And rejected Somalia’s claim that Kenya violated its international obligations by its conduct in the disputed area.

Once again, the ICJ used their 3-stage method to determine the maritime boundary. It is important to note that this method is not in UNCLOS. The description of the method can be found on page 3 of the Judgment.

My interest in this case began with the question of jurisdiction. That Judgment can be found here, and I will break it down in my next post.