Kenya on Friday raised a pre-verdict storm against the International Court of Justice due on Tuesday, saying the judges’ decision will be a product of a “flawed” process. As such, Nairobi announced it had withdrawn the compulsory jurisdiction of the Court, a principle in international law that means that each state that has granted the Court this type of acceptance has the right to sue other states and that it has agreed to appear before the Court if sued.
Kenya said it advised the court on this withdrawal on September 24 but this decision will not affect the judgment of the court, technically, as rules or reservations don’t apply backwards
The move was announced in Nairobi by Foreign Affairs Principal Secretary Macharia Kamau as the ICJ prepares to announce the verdict of a maritime boundary case filed by Somalia next week on Tuesday.
Somalia had demanded a review of the maritime boundary in what could alter the ocean territory for both countries should the ICJ rule in favour of Somalia.
“The delivery of the Judgment will be the culmination of a flawed judicial process that Kenya has had reservations with, and withdrawn from, on account not just of its obvious and inherent bias but also of its unsuitability to resolve the dispute at hand,” Mr Kamau said, suggesting the suit was seen from the outset as a threat to Kenya’s territorial integrity.
Read: Why Kenya will be lucky to win Somalia maritime case
“For these reasons, and in addition to withdrawing its participation from the current case, Kenya, on the 24th September, 2021, also joined many other members of the United Nations in withdrawing its recognition of the Court’s compulsory jurisdiction. As a sovereign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent.” The Court of 13 judges, including a Somali, and presided over by American Joan Donoghue will make its final verdict on Tuesday and is expected to issue instructions on what the two countries must do. Judgements by ICJ are usually binding between states and have no option for appeal.
Article 59 of the statute of the Court says that the decision of the court has no binding force except between the parties and in respect of the particular case.
