Somalia's written comments on the new documents submitted by Kenya

Jamhuuriyadda Federaalka Soomaaliya
Xafiiska Ra'iisul Wasaaraha
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The Federal Republic of Somalia
Office of the Prime Minister
Ref: OPM/ O, /-ÔO /03/2021
To: Mr. Philippe Gautier
Registrar
International Court of Justice
Peace Palace
2517 KJ The Hague
Netherlands
Dear Sir:
Date: 22/03/2021
I have the honour of responding to your letter dated 11 March 2021 (No.
154751), in the case concerning Maritime De/imitation in the Indian Ocean (Somalia v.
Kenya), informing the Federal Republic of Somalia that the Court has decided to
authorize the production of documents by the Republic of Kenya submitted to the
Registrar on 5 March 2021 and inviting Somalia to comment in writing on the same.
Somalia is grateful for the invitation to provide these written comments on the
new documents submitted by Kenya on 5 March 2021.
As will be recalled, on 5 March 2021, the Agent of Kenya transmitted to the
Registrar an "Application requesting the Court to authorize Kenya to file new
documentation and evidence" dated 22 February 2021. Through its Application, Kenya
sought the Court's permission to submit more than 4,000 pages of materials, including
197 separate documents, a map, andtwo witness statements prepared for this litigation.
Kenya also submitted, as Appendix 2 to its Application, a 315-page document
purporting to "explain[] the nature and relevance of the new and additional evidence".1
This document amounts to a legal memorandum rearguing and attempting to enhance
all of the arguments presented in Kenya's Rejoinder of 18 December 2018 (Kenya's
"legal memorandum'').
On 8 March 2021, Somalia informed the Registrar that it did not abject to the
production of these materials, provided it would be given an opportunity to respond to
them. On 11 March 2021, the Court authorised their production and invited Somalia to
provide written comments.
1 Kenya's Application of 22 February 2021, para. 36(i).
Villa Somalia, E-mail: [email protected] or [email protected] Mogadishu, Somalia
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Somalia considers that not all of the materials Kenya submitted require a
response. As to those that do, it addressed many of them in its oral pleadings on 15
and 16 March 2021. Due to time constraints, it was not able to address all the points
raised. It submits
these written comments, in the form of an Appendix to this letter, to address the
remainder. Section I of the Appendix addresses Kenya's new documents and
arguments pertaining to its argument that Somalia purportedly "acquiesced" in a
maritime boundary following a parallel of latitude. Section II addresses Kenya's new
arguments and graphie displays pertaining to its proposed delimitation of the maritime
boundary. Section III responds to Kenya's new arguments regarding its responsibility
for internationally wrongful acts.
Please accept, Sir, the assurances of my highest consideration.
Sincen 1:~
H.E. Mahdi Moham
Deputy Prime Minist
Agent
Federal Republic of
Villa Somalia, E-mail: [email protected] or [email protected] Mogadishu, Somalia