Monday September 26, 2016 - 10:36:31 in Articles by Super Admin
  • Visits: 8911
  • (Rating 0.0/5 Stars) Total Votes: 0
  • 0 0
  • Share via Social Media


    ICJ Decision: The ICJ will begin its deliberations concerning the delimitation of the maritime boundary between Somalia and Kenya

    Share on Twitter Share on facebook Share on Digg Share on Stumbleupon Share on Delicious Share on Google Plus

ICJ Decision: The ICJ will begin its deliberations concerning the delimitation of the maritime boundary between Somalia and Kenya -vf- 23. 09. 2016 - Though Kenya had hoped that the International Court of Justice (ICJ) would throw out Somalia's application in it's first hearing, the court concluded to hold deliberations.

That is the first step in a hopefully speedy process to settle this long pending international dispute.

Though Kenya itself is a signatory to UNCLOS, the United Nations Common Law of the Sea, and thereby bound by the rules and regulations set by this international legislation, Kenya had for many years ignored that part of the law, which clearly determines the delineation of an international boundary between two coastal states on the sea. UNCLOS unmistakably determines it as running 90 degrees to the coastal tangent at the border and not - as Kenya tries to insist - along a latitude. 

While ignoring the international law, Kenya had for many years tried not only to change the boundary with Memoranda of Understanding (MOUs), drawn up in back-rooms - in part with international help (i.a. Norway) - and signed by unauthorized officials from both sides, but already had cashed in on the maritime resources of that vast triangle of the Indian Ocean by selling concessions for oil-explorations to the known set of "explorers", who run their businesses like Ponzi-schemes, juggling and earning from risk-investment capital (RIC). Thereby RIC is usually nothing else than what the West only calls money laundering when it comes to investments by investors, who are not in line with the western governmental-economic establishments.   

Somalia, one of the few true nation-states in Africa is persistently held down by the international players, who since colonial times pitch the Somali clans against each other, and is still considered as one of the poorest economies worldwide. This despite the fact that Somalia has the longest coastline of any African state (3,300km) and thereby is potentially very rich, since it has 200nm Territorial Waters (TW), an overlapping 200nm Exclusive Economic Zone (EEZ) and a 350nm continental shelf zone (CSZ), which - in theory - protect its natural resources, shipping lanes and other rights of the Somalis on the Indian Ocean and the Gulf of Aden for the benefit of the Somali people.

But decades of illegal fishing by foreign interests, oil-, nuclear- and other hazardous-waste dumping, years of masterminded "piracy"-events and persistent illegal shipping transgressions only saw the global players - including neighbouring Kenya - getting richer from the exploitations and their loot - but not the Somali people. 

In addition USAmerican military interests persistently want to curb the territorial waters of Somalia to only 12nm, like they try with all other coastal states, in order to be able to continue their "cannon-boat"-policy worldwide - as last seen in Libya, Venezuela and the China seas - without that other nations could accuse them of wrongdoing. It was therefore suggested since long that Somalia enshrines its 200nm territorial waters - like Peru did it - in its constitution, in order to stop once and for all the persistent attempts by foreign "diplomats" to convince the Somali office bearers at a time and up to each newly incoming president to drop the Somali Law of the Seas, which determined the territorial waters since 1973 and was respected by the international community until the masterminded fall of Siad Barre in 1991.

In addition the maritime space of Somalia is every day violated with impunity under the eyes of US and EU naval forces, like the air-space was "controlled" by the UN out of Nairobi for decades with hundreds of millions of dollars for overflight fees withheld from the Somalis.

Still another Mafia-game persists: While healthy tuna fish is illegally caught in the Indian Ocean including the Somali waters by mega tuna-seiners (many from Spain but not running under a Spanish flag) and transshipped via the Seychelles to the auctions of Japan with multi-million-dollar proceeds, contaminated tuna from the East Asian seas and elsewhere is canned in Thailand, then shipped to East Africa and sold by the supermarkets in countries, which do not have such stringent controls for food-safety like Japan has. Tuna contaminated with mercury and other heavy metals as well as fish from offshore Japan, which makes every Geiger-counter buzzing, is consumed then by innocent Africans including the Somalis themselves. A report by the National Academy of Sciences which states unequivocally that Pacific Bluefin tuna have "transported Fukushima-derived radionuclides across the entire North Pacific Ocean, speaks for itself. IUU fishing, which stands for illegal, unreported, and unregulated fishing - in short pirate fishing - ensnares seafood companies, supermarkets, and consumers alike in a highly criminal trade that is arguably as problematic as trafficking in elephant tusks, rhino horns, and tiger bones, which will be tackled in the coming two weeks by the delegates at the CITES conference in Johannesburg. There ECOTERRA spokesman Hans-Juergen Duwe stated: "Enjoy your radiating Caesar's tuna-salad America and Europe, but leave the Somali waters and the Somali fishermen in peace!"

It is high time that the international community wakes up and the states implicated get their own house in order, which in turn would allow the Somalis to finally prosper from their seas.

The Court to begin its deliberation
Conclusion of public hearings on the preliminary objections raised by the Republic of Kenya 

23 September 2016 - ICJ - No. 2016/26 - Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) 

The public hearings on the preliminary objections raised by Kenya in the case of Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 19 September 2016 at the Peace Palace, seat of the Court, the delegation of Kenya was led by Professor Githu Muigai, Attorney-General of the Republic of Kenya, as Agent. The delegation of Somalia was led by H.E. Mr. Ali Said Faqi, Ambassador of the Federal Republic of Somalia to the Kingdom of Belgium, as Co-Agent.

The Court’s Judgement on the preliminary objections will be delivered at a public sitting, the date of which will be announced in due course.

Submissions of the Parties

At the end of the hearings, the Agents of the Parties presented the following submissions to the Court:

For Kenya:
"The Republic of Kenya respectfully requests the Court to adjudge and declare that:
The case brought by Somalia against Kenya is not within the jurisdiction of the Court and is inadmissible, and is accordingly dismissed.”

For Somalia:
"On the basis of its Written Statement of 5 February 2016, and its oral pleadings, Somalia respectfully requests the Court:
1. To reject the Preliminary Objections raised by the Republic of Kenya; and
2. To find that it has jurisdiction to entertain the Application filed by the Federal Republic of Somalia.”

Internal judicial practice of the Court with respect to deliberations

Deliberations take place in private in accordance with the following procedure. The Court first holds a preliminary deliberation, during which the President outlines the issues which, in his opinion, require discussion and decision by the Court. A full deliberation is subsequently held, at the end of which a drafting committee is chosen by secret ballot, taking account of the views expressed. That committee consists in principle of two judges holding the majority view of the Court, together with the President, unless it appears that his views are in the minority. The committee prepares a preliminary draft text, which is the subject of written amendments. Two further drafts are then produced in turn, each of which is subject to a detailed reading. In the meantime, judges who wish to do so may prepare a declaration, a separate opinion or a dissenting opinion, which are communicated to the other judges. The final vote is taken after adoption of the final text of the judgement at the second reading.


The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York. The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgements have binding force and are without appeal for the parties concerned); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. Independent of the United Nations Secretariat, it is assisted by a Registry, its own international secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official languages of the Court are French and English. Also known as the "World Court”, it is the only court of a universal character with general jurisdiction.

The ICJ, a court open only to States for contentious proceedings, and to certain organs and institutions of the United Nations system for advisory proceedings, should not be confused with the other - mostly criminal - judicial institutions based in The Hague and adjacent areas, such as the International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the Security Council), the International Criminal Court (ICC, the first permanent international criminal court, established by treaty, which does not belong to the United Nations system), the Special Tribunal for Lebanon (STL, an international judicial body with an independent legal personality, established by the United Nations Security Council upon the request of the Lebanese Government and composed of Lebanese and international judges), or the Permanent Court of Arbitration (PCA, an independent institution which assists in the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague Convention of 1899).

History of the proceedings
The history of the proceedings can be found in Press Release No. 2016/15 of 26 May 2016, available on the Court’s website 

The complete verbatim records of the hearings held from 19 to 21 and on 23 September 2016 are published on the website of the Court (www.icj-cij.org).
Share on Social Media

A Former State Minister Of Finance Warns Government Against Printing New Currency

A Former State Minister Of Finance Warns Government Against Printing New Currency Full Article


UN Warns That Somalia's Political Unity at Risk

UN Warns That Somalia's Political Unity at Risk Full Article


Ten people killed as domestic flight crashes in Kenya

Ten people killed as domestic flight crashes in Kenya Full Article


Burundi: Pierre Nkurunziza says he will not run for president in 2020

Burundi: Pierre Nkurunziza says he will not run for president in 2020 Full Article


Ugandan President warns against oral sex because 'the mouth is for eating'

Waagacusub.net - Strangely, there are few topics more controversial than sex. Full Article


Somalia: Journalists cannot report rape cases

Independent media raise concerns that because of fear, they cannot interview women who have been regularly raped soldiers and government officials, and Al-Shabab as well, after a number of journalists were punished badly and some of them killed while their work stations have been looted. Full Article


MPs sign impeachment motion against Somalia president because of treason

Waagacusub.net - 110 MPs and senators have signed motion that asks removal of Somali president Mohamed Abdullahi Farmajo, whom they accuse of treason after he violated article 36 & 37 of the Somali constitution. Full Article


Somalia's army chief: Raid killed civilians, not extremists

Waagacusub.net — Somalia's army chief says civilians, not extremists, were killed in a military operation Friday that both the United States and Somalia say they will investigate. Full Article


Kenya to Reopen Border With Somalia

NAIROBI — The Kenyan government says it will open the border with Somalia to boost trade and allow the flow of people between the two countries. Kenyan President Uhuru Kenyatta also pledged to help Somalia in the fight against al-Shabab militants and support and train government workers. His remarks followed a meeting he had in Nairobi with his Somali counterpart, Mohamed Abdullahi Mohamed. Full Article


Kenya: Why daily nation Newspaper is becoming "car for hire"?

Kenya major newspaper the Daily Nation was faulted for violating media ethics and biased reporting on an issue concerning a court case between famous investigative Somali journalist and money remittance company known as hawala, the Dahabshiil company. Full Article


Leave a comment






Somalia:Terrorists receive 52 million dollars in Mogadishu annually.

Waagacusub.net - It has been known that Al-Shabab receives 52 Million dollars annually from Mogadishu. It gets from commercial companies, and public as taxes (zakawat)

Chinese oil companies behind unlawful "extradition" of a Somali to Ethiopia

Waagacusub.net - A Chinese oil company was involved in the smuggling of a former Somali rebel officer, Colonel Abdikariim Sheikh Muse, to Ethiopia because his organization of the Ogaden National Liberation Front (ONLF) was against oil and mineral exploration in Ogaden of the southeastern Ethiopia by China.

Journalist Alasow "Somalische Minister houdt Amsterdamse rechter vals bewijs Voor"

Volgens de rechter zou de minister hebben aangetoond dat afpersingspraktijken van Somalische journalisten een bekend probleem zijn en stelde de bewindsman daarmee een ernstige misstand aan de kaak. Dat is een kwestie van algemeen belang en de minister moet daarover in de openbaarheid kunnen treden, overwoog de rechter.

Somalia:List Document retrieved from house of AlShabaab leader

Waagacusub.net– An American unmanned drone launched a missile attack on one of Alshabab's most cold-blooded leaders on Sunday, 30 July 2017 in southern Somalia. The drove attack killed a man, who is dubbed the cruelest terror mastermind in the Mogadishu's history.

Somali President true scandal "violation of law"

Waagacusub.net - The presidency of Somalia's Mohamed Abdullahi Farmaajo is only eight months old but already his administration faces its first crisis - and it is one of their own making.

Somalia: President expected to travel to Burundi while half a million suffer from flooding

Waagacusub.net- President Farmajo is expected to travel to Burundi on Saturday ahead of the CECAFA U-17 finals on Sunday while close to half a million people in the country are affected by severe flooding. Full Article


Press Release by Ministries of Information of Regional States of Federal Republic of Somalia

Today, 21/04/2018, Ministers of Information of five (5) Regional States of Federal Republic of Somalia, namely Puntland, Jubbaland, SouthWest, Galmudug and Hirshabelle were invited to Multi-Stakeholders Safety of Journalists Forum in Mogadishu whereas Regional States of Somalia and Independent Journalist Organisations were given no meaningful task or function. Full Article


Ugandan President warns against oral sex because 'the mouth is for eating'

Waagacusub.net - Strangely, there are few topics more controversial than sex. Full Article


Yemen: Detained African Migrants Tortured, Raped

Waagacusub.net - Human Rights Watch interviewed eight migrants, including seven ethnic Oromo from Ethiopia who had recently been held at the center, as well as Yemeni government officials and members of migrant communities. Full Article


Massive rise in Islamist militant attacks in Africa

Massive rise in Islamist militant attacks in Africa Full Article


Argentina Cancels Israel Match After Messi Protests Over Palestinian Killings

Argentina Cancels Israel Match After Messi Protests Over Palestinian Killings Full Article


Xildhibaan Cabdiweli Qanyare oo ka digay Fadwooyinka Beenta ee wadaadada Qaar?

Xildhibaan Cabdi weli Maxamed Qanyare ayaa wax laga xumaado ku tilmaamay Wadaadada ku fadwoonaya Xildhibaanada iyo Siyaasinta mucaaradka, isagoo oo tilmaamay in hadaan Siyaasada laga heshiin oo madaxda aqligooda soo noqon aay imaan karto Hurumar la,aan Amni xumo,laalush iyo is qabqabsi joogta taaso lagu maareyn karin siduu hadalka u dhigay wadaadada la soo kireestay ee beenta fadwooda. Full Article


Ethiopian professor writes about Ethiopia's policy of destabilizing Somalia

Ethiopian foreign policy and the Ogaden War: the shift from "containment" to "destabilization," 1977–1991 Full Article


Ethiopian military and political backing for sale by a corrupt officer called Gabre Part 1

The most Ethiopian corrupt military officer who is called Haile Gabre known by Somalis as General Gabre becoming extremely wealthy from the huge sums of money that he is getting from opportunistic Somali politicians who want to buy the sympathy of Addis Ababa, one of his juniors told Waagacusub anonymously. Full Article