ICJ: Non-Participation of Kenya during Somalia v. Kenya hearings

By letter dated 11 March 2021, the Agent of Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) informed the ICJ that Kenya would not be participating in the hearings, including the reasons for its non-participation. Kenya requested “the opportunity to address the ICJ orally before the commencement of the hearings” and enclosed a 175 page ‘Position Paper’ “for consideration by the Judges even as the hearing proceeds without Kenya’s participation”. Somalia opposed both requests and the ICJ “[h]aving considered the views of the Parties, the Court decided not to grant either of the two requests made by Kenya”. Despite Kenya’s non-participation, hearings proceed on 15-24 March 2021 and the ICJ “has available to it the Counter-Memorial and Rejoinder filed by Kenya, as well as multiple volumes of materials that were produced by Kenya”.

For more information see the Verbatim record 2021/2.

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Filed under Jurisprudence, State Practice

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