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Kesi uamuzi umetoka upi mkuu
Kenya says the ICJ has no jurisdiction in Somalia sea dispute case
- Thread starter Geza Ulole
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Prem 96
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Ila kesi si haijahairishwa kisa wakenya kukimbia ?
Geza Ulole
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ICJ judge James Richard Crawford dies aged 72
TUESDAY JUNE 01 2021
Judge James Richard Crawford of the International Court of Justice, who died on May 31, 2021. PHOTO | INTERNATIONAL COURT OF JUSTICE
Summary
- Crawford had been a judge at ICJ since February 2015 and was due to sit on the bench until February 2024.
By AGGREY MUTAMBO
More by this Author
James Richard Crawford, one of the judges who heard the case between Somalia and Kenya at the International Court of Justice (ICJ) has died.
Crawford, born on November 14, 1948, had been a judge at the ICJ since February 2015 and was due to sit on the bench until February 2024.
A statement from the ICJ said the Australian jurist died on May 31.
Born in 1948 in Adelaide, Australia, Crawford earned his law degree from the University of Adelaide and a postgraduate degree from Oxford University before serving as a Barrister.
He later served as commissioner of the Australian Law Reform Commission and various other legal committees.
He also served as a member of the UN International Law Commission as well as a Special Rapporteur on State Responsibility.
Before his election as a judge, he was also a counsel before the ICJ.
The ICJ, UN's permanent court, decides on cases between States and gives advisory opinions on matters involving States and non-State actors.
Crawford was among the 15 members of the bench who heard the Somalia suit against Kenya, in which Mogadishu is demanding a redraw of the sea border in an area of about 100,000 square kilometres of sea.
His death is not expected to hurt the process as the judges had already retreated yo write their judgements. A verdict is usually reached based on the majority decision.
Kenya refused to take part in the final oral hearings in March, accusing the court of bias.
A decision is expected anytime between now and next year.
amutambo@ke.nationmedia.com
ICJ judge James Richard Crawford dies aged 72
He was one of the judges who heard the case between Somalia and Kenya at the International Court of Justice.
www.theeastafrican.co.ke
Geza Ulole
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Kenya faults ICJ process on Somalia maritime border row ahead of verdict
- The ICJ is preparing to announced the verdict of a maritime boundary case filed by Somalia.
- Mogadishu had demanded a review of the maritime boundary with Kenya in what could alter the of ocean territory for both countries should the ICJ rule in favour of Somalia.
By MERCY CHELANGAT
More by this Author
Kenya on Friday raised a pre-verdict storm against the International Court of Justice verdict due on Tuesday, saying the judges’ decision will be a product of a “flawed” process.
Nairobi announced it had withdrawn the compulsory Court's jurisdiction, a principal 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. However, this decision will not affect the judgment of the court, technically, as rules or reservations don’t apply to already ongoing cases.
The move was announced in Nairobi by Foreign Affairs Principal Secretary Macharia Kamau as the ICJ prepares to announced the verdict of a maritime boundary case filed by Somalia.
Mogadishu had demanded a review of the maritime boundary in what could alter the of 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,” PS Kamau said, suggesting the suit was seen from the outset as a threat to Kenya’s territorial integrity.
“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. Judgments by ICJ are usually binding between states and there is no option for appeal.
Kenya faults ICJ process on Somalia maritime border row ahead of verdict
Nairobi announces it has withdrawn the compulsory jurisdiction of the Court.
www.theeastafrican.co.ke
08 October 2021
Kenya faults ICJ process on Somalia maritime border row ahead of Tuesday October 12 verdict
Kenya has dismissed an impending judgment by the International Court of Justice (ICJ) on the maritime dispute that was filed at the court by Somalia. Foreign Affairs Principal Secretary Amb Macharia Kamau on Friday said Kenya will not hesitate to defend its territorial integrity as it did during the Shifta War indicating that the judgement expected on October 12 could have serious ramifications on the region’s stability
Source : Dickens Luvanda
See how the World is taking on board the threat issued by Kenya, infact no nation around the world is seeing the potential of Kenya geopolitically drawing in other nations into this dispute.
Posted at 11:44 8 Oct11:44 8 Oct 2021
Source : BBC NEWS AFRICA
In a hard-hitting statement, Kenya’s foreign affairs ministry said the judgement "will be the culmination of a flawed judicial process" that was bias.
Kenya withdrew from the hearing earlier this year, questioning the fairness of the process, which concerns a 62,000 sq miles (160,000 sq km) triangle in the Indian Ocean.
The area is thought to be rich in oil and gas.
The dispute is at the heart of a diplomatic row between the neighbours.
"The filing of a case against Kenya at the court, and the court’s assumption of jurisdiction where it had none, are demonstrative of new tactics of using pseudo-judicial processes to undermine territorial integrity," Kenya's foreign ministry said.
Somalia brought the case in 2014, saying the maritime frontier should follow on in the same direction as the land border, while Kenya argues that it has always been taken in a horizontal line from the point where the two countries meet at the coast.
The ICJ will deliver its judgement on 12 October
Posted at 11:44 8 Oct11:44 8 Oct 2021
Source : BBC NEWS AFRICA
Kenya will refuse to accept court ruling in Somalia dispute
Kenya has said it will not recognise next week’s expected ruling by the International Court of Justice on the maritime border dispute with Somalia.In a hard-hitting statement, Kenya’s foreign affairs ministry said the judgement "will be the culmination of a flawed judicial process" that was bias.
Kenya withdrew from the hearing earlier this year, questioning the fairness of the process, which concerns a 62,000 sq miles (160,000 sq km) triangle in the Indian Ocean.
The area is thought to be rich in oil and gas.
The dispute is at the heart of a diplomatic row between the neighbours.
"The filing of a case against Kenya at the court, and the court’s assumption of jurisdiction where it had none, are demonstrative of new tactics of using pseudo-judicial processes to undermine territorial integrity," Kenya's foreign ministry said.
Somalia brought the case in 2014, saying the maritime frontier should follow on in the same direction as the land border, while Kenya argues that it has always been taken in a horizontal line from the point where the two countries meet at the coast.
The ICJ will deliver its judgement on 12 October
joto la jiwe
JF-Expert Member
- Sep 4, 2017
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Kama kawaida Yao, kulialia kuona dunia nzima haiwapendi. Enzi za kesi ya UHURUTO ICC pia walisema wanaonewa, Hawa ni watu wapuuzi sanaKenya faults ICJ process on Somalia maritime border row ahead of verdict
- The ICJ is preparing to announced the verdict of a maritime boundary case filed by Somalia.
- Mogadishu had demanded a review of the maritime boundary with Kenya in what could alter the of ocean territory for both countries should the ICJ rule in favour of Somalia.
By MERCY CHELANGAT
More by this Author
Kenya on Friday raised a pre-verdict storm against the International Court of Justice verdict due on Tuesday, saying the judges’ decision will be a product of a “flawed” process.
Nairobi announced it had withdrawn the compulsory Court's jurisdiction, a principal 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. However, this decision will not affect the judgment of the court, technically, as rules or reservations don’t apply to already ongoing cases.
The move was announced in Nairobi by Foreign Affairs Principal Secretary Macharia Kamau as the ICJ prepares to announced the verdict of a maritime boundary case filed by Somalia.
Mogadishu had demanded a review of the maritime boundary in what could alter the of 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,” PS Kamau said, suggesting the suit was seen from the outset as a threat to Kenya’s territorial integrity.
“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. Judgments by ICJ are usually binding between states and there is no option for appeal.
Kenya faults ICJ process on Somalia maritime border row ahead of verdict
Nairobi announces it has withdrawn the compulsory jurisdiction of the Court.
Mwendo Safi
Member
- Oct 27, 2017
- 56
- 84
Most powers of the world and now Kenya have withdrawn from ICJ assumption of jurisdiction. This include US, China, Russia, Israel, etc. This means Kenya despite the outcome wont implement any decision and secondly there is no army or world police that will implement such decisions. The world powers have set the pace and Somalia has absolutely nothing to benefit if ruling went their way.
Geza Ulole
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- Oct 31, 2009
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Kamau kashikwa pabaya kwenye wizi wake inabidi ajifanye kutoitambua ICJ!
Tony254
JF-Expert Member
- May 11, 2017
- 16,017
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F them. Hatutambui hawa wajinga.Kenya faults ICJ process on Somalia maritime border row ahead of verdict
- The ICJ is preparing to announced the verdict of a maritime boundary case filed by Somalia.
- Mogadishu had demanded a review of the maritime boundary with Kenya in what could alter the of ocean territory for both countries should the ICJ rule in favour of Somalia.
By MERCY CHELANGAT
More by this Author
Kenya on Friday raised a pre-verdict storm against the International Court of Justice verdict due on Tuesday, saying the judges’ decision will be a product of a “flawed” process.
Nairobi announced it had withdrawn the compulsory Court's jurisdiction, a principal 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. However, this decision will not affect the judgment of the court, technically, as rules or reservations don’t apply to already ongoing cases.
The move was announced in Nairobi by Foreign Affairs Principal Secretary Macharia Kamau as the ICJ prepares to announced the verdict of a maritime boundary case filed by Somalia.
Mogadishu had demanded a review of the maritime boundary in what could alter the of 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,” PS Kamau said, suggesting the suit was seen from the outset as a threat to Kenya’s territorial integrity.
“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. Judgments by ICJ are usually binding between states and there is no option for appeal.
Kenya faults ICJ process on Somalia maritime border row ahead of verdict
Nairobi announces it has withdrawn the compulsory jurisdiction of the Court.
Geza Ulole
JF-Expert Member
- Oct 31, 2009
- 59,181
- 79,364
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- #95
Zaire ya Mobutu ilikuwa hivihivi kuingilia mambo ya Rwanda mpaka Kagame alipopindua meza ya dynamics saahii DRC ndo inalialia! Naamini Somalia itakuja kuwalipizia, Wasomali hawanaga hiyana!
Tony254
JF-Expert Member
- May 11, 2017
- 16,017
- 16,427
Hahaha. Hakuna siku Somalia itakuja kuwa na nguvu kushinda Kenya. Tutakuwa juu yao milele.
joto la jiwe
JF-Expert Member
- Sep 4, 2017
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Hiyo ni Ethiopia inataka kutumia bandari za Somalia, I am sure Kenya itakubaliana na maamuzi ya ICJ, otherwise jiandaeni kupata kichapo toka Ethiopia
Geza Ulole
JF-Expert Member
- Oct 31, 2009
- 59,181
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Jua historia ya Somalia kwanza ni sehemu ngumu sana kutaliwa!
www.usip.org
Red Sea Rising: Peace and Security in the Horn of Africa and the ...
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Red Sea Rising: Peace and Security in the Horn of Africa and the ...
The study group determined that, in recent years, the geopolitical and geo-economic dynamics of the Horn of Africa have become tied to the Middle East and ...
19 Apr 2019
Red Sea rivalries: The Gulf, the Horn, and the new geopolitics of the Red Sea
On April 18, the Brookings Institution hosted an event on unpacking the changing geopolitics of the Red Sea and consider the role of the United States and other foreign actors in this emerging theater.
Source : Brookings Institution
Red Sea rivalries: The Gulf, the Horn, and the new geopolitics of the Red Sea
On April 18, the Brookings Institution hosted an event on unpacking the changing geopolitics of the Red Sea and consider the role of the United States and other foreign actors in this emerging theater.
Source : Brookings Institution
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