International Law And The Western Sahara Conflict

Spain joined the UN in 1955, and the UN's main bodies pressured Spain to proceed with the decolonization of "Spanish Sahara," which shortly after, and under the name of Western Sahara, was included in the list of non-self-governing territories. When Spain was preparing the referendum of self-determination in 1975, the UN General Assembly asked for it to be suspended until the International Court of Justice issued an advisory opinion. This opinion established that, in 1884, there were no ties of sovereignty between Morocco and Mauritania and the people of the territory, and that the conflict should be resolved through the exercise of the right of self-determination. Nevertheless, following the signing of the Madrid Agreements and the withdrawal of Spain from the territory, Morocco and Mauritania occupied it, forcing the Saharawi people to start a war of national liberation that would last until 1991. That year launched a peace plan negotiated by Morocco and the POLISARIO Front, which provided for the holding of the referendum on self-determination. When the UN's Mission for the Referendum in Western Sahara issued the composition of the census in 2000, Morocco decided to abandon the peace plan, accusing the UN of bias, thus leaving the conflict in an apparent impasse. Since 1975, the result of this conflict has seen the Saharawi people split between those who survive through international humanitarian aid in refugee camps in Tinduf, Algeria, and those who live in their own country under Moroccan occupation. This book explains the key issues of the conflict, from the perspective of international law, with particular emphasis on the development of the peace plan, as well as the causes and consequences of its paralysis.

This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco’s sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco’s encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.

As the Spanish were preparing to leave colonized Western Sahara in 1975, Morocco invaded, sparking a war with the Western Saharan Polisario Front. About 70% of Western Sahara was occupied by Morocco, which stations up to 140,000 soldiers in the territory, primarily along a 1700 kilometre long sand berm that is protected by one of the world’s largest fields of landmines. In 1991, Morocco and the Polisario Front agreed to a truce ahead of a referendum on Western Sahara’s future. However, Morocco has since refused to allow the referendum to take place, and has begun the extensive exploitation of Western Sahara’s non-renewable natural resources. This has both highlighted the plight of the Saharawi people who live in refugee camps in Algeria and in occupied Western Sahara, and pushed the Polisario Front back to a position where it is openly canvassing for a return to war. This book was originally published as a special issue of Global Change, Peace and Security.

The war in the Western Sahara recently entered its sixteenth year. Although progress toward peace has been made, concrete steps to a final resolution have not yet occurred. This has had serious political, social, economic, and military consequences for the countries in the region. Despite the significance of the issue, until now very few scholarly works have dealt with the regional and international dimensions of the conflict. In particular, little attention has been paid to the role of the superpowers and of the United Nations in the region and to the other related issues which are the focus of this book. The Western Sahara conflict raises serious questions about the role of international law and of the United Nations in achieving the decolonization of former colonial territories and resolving regional conflicts. Taken together, the work of the scholars, diplomats, and experts in international law who have contributed to this volume constitutes a significant contribution to our understanding of the role of outside powers in the origins and evolution of the war in the Western Sahara. Their work also casts new light on the efforts of the Maghrebi states to overcome regional divisions by themselves and on the continuing attempts by the United Nations to resolve the conflict in the Western Sahara and restore respect for international law. This work will interest specialists West African affairs and in international law and organizations.

Seminar paper from the year 2016 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1,3, Otto-von-Guericke-University Magdeburg (Politikwisschenschaften), course: Introduction to Conflict Management, language: English, abstract: This paper deals with the question why the international community turns a blind eye to the Western Sahara conflict. Moreover, why do the United Nations fail to implement measures to resolve the conflict between Morocco and the people of the Western Sahara? The Western Sahara conflict can be added to the list of the most ambivalent conflicts in recent history. Morocco occupied the African country in 1976 and since then the population of the former Spanish colony is fighting for self-determination while living as refugees in the desert of Algeria. The United Nations acknowledged that the country belongs to the people of Western Sahara. Consequently, the Moroccan occupation is illegal, especially regarding international law. However, no change or progress has been made; all negotiation attempts have failed. Hence, the conflict could be seen as intractable.

The South African Department of International Relations and Cooperation (DIRCO) in partnership with the University of Pretoria hosted a Conference on Multilaterism and International Law with Western Sahara as a Case Study on 4 and 5 December 2008, at the University of Pretoria campus, South Africa. The purpose of the conference was to reflect on the foreign policy precept that the promotion of a rules based international order through multilateralism remains the critical prerequisite for the resolution of conflict between nations. As a case study, the conference analysed Africa's longest-running dispute - the Western Sahara. Eminent scholars, government representatives and experts reflected on the status of the territory under international law, the principle of self-determination, the respect for human rights and international humanitarian law, the obligations on third states and the legality of natural resource exploitation in the Western Sahara. This publication represents the consolidated documentation of these proceedings.