Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) - Fixing of time-limit for the filing by Somalia of a written statement of its observations and submissions on the preliminary objections r

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release

Unofficial

No. 2015/27
12 October 2015

Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

Fixing of time-limit for the filing by Somalia of a written statement of its observations
and submissions on the preliminary objections raised by Kenya

THE HAGUE, 12 October 2015. By an Order of 9 October 2015, the International Court of
Justice (ICJ), the principal judicial organ of the United Nations, has fixed 5 February 2016 as the
time-limit within which the Federal Republic of Somalia may present a written statement of its
observations and submissions on the preliminary objections raised by the Republic of Kenya on
7 October 2015 in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v.

Kenya).

The subsequent procedure has been reserved for further decision.

History of the proceedings

On 28 August 2014, the Federal Republic of Somalia filed an Application instituting
proceedings against the Republic of Kenya with regard to a dispute concerning the delimitation of
maritime spaces claimed by both States in the Indian Ocean.

In its Application, Somalia contends that both States “disagree about the location of the
maritime boundary in the area where their maritime entitlements overlap”, and asserts that
“[d]iplomatic negotiations, in which their respective views have been fully exchanged, have failed

to resolve this disagreement”.

In consequence, Somalia requests the Court “to determine, on the basis of international law,
the complete course of the single maritime boundary dividing all the maritime areas appertaining to
Somalia and to Kenya in the Indian Ocean, including the continental shelf beyond
200 [nautical miles]”. The Applicant further asks the Court “to determine the precise geographical
co-ordinates of the single maritime boundary in the Indian Ocean”.

As a basis for the Court’s jurisdiction, the Applicant relies on the provisions of Article 36,
paragraph 2, of the Statute and refers to the declarations recognizing the compulsory jurisdiction of
the Court made by Somalia and Kenya on 11 April 1963 and 19 April 1965, respectively. - 2 -

Somalia further maintains that “[t]he jurisdiction of the Court under Article 36, paragraph 2,
of its Statute is underscored by Article 282 of UNCLOS [the United Nations Convention on the

Law of the Sea]”, both the Parties having ratified that Convention in 1989.

By an Order of 16 October 2014, the President of the International Court of Justice fixed
13 July 2015 and 27 May 2016 as the respective time-limits for the filing of a Memorial by
Somalia and a Counter-Memorial by Kenya.

The Memorial of Somalia was filed within the time-limit thus fixed.

On 7 October 2015, Kenya raised certain preliminary objections to the jurisdiction of the
Court and to the admissibility of the Application. In accordance with Article 79, paragraph 5, of
the Rules of Court, the proceedings on the merits have been suspended.

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The full text of the Court’s Order will be available shortly on the Court’s website

(www.icj-cij.org), in the case documents under “Cases”/“Pending Cases”.

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Note: The Court’s press releases do not constitute official documents.

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Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)