Bir Lehlou (Sahrawi Republic), 21 July, 2024 (SPS)- The Government of the Sahrawi Arab Democratic Republic (SADR) noted with great satisfaction the conclusions of the Advisory Opinion, particularly the Court’s finding that Israel’s continued presence in the Occupied Palestinian Territory is illegal and that Israel’s policies and practices are in breach of international law as well as the fact that Israel remains bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law.
The government of SADR underlined, in a communiqué issued today, that these findings, inter alia, significantly apply to Western Sahara, a UN listed Territory awaiting decolonisation, which has been unlawfully occupied and annexed by Morocco since 1975 in violation of the UN and OAU Charters and relevant principles of international law.
Communiqué text:
“In response to the questions set forth in resolution 77/247 adopted by the United Nations General Assembly on 30 December 2022, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, issued, on 19 July 2024, an Advisory Opinion on the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem”, which constitutes another legal milestone for the Palestinian people and their just cause.
The Government of the Sahrawi Arab Democratic Republic (SADR) notes with great satisfaction the conclusions of the Advisory Opinion, particularly the Court’s finding that Israel’s continued presence in the Occupied Palestinian Territory is illegal and that Israel’s policies and practices are in breach of international law as well as the fact that Israel remains bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian law and international human rights law.
The Government of the SADR also notes with particular interest the Court’s conclusion that, in cases of foreign occupation such as the present case, the right to self-determination constitutes a peremptory norm of international law, and that occupation cannot transfer title of sovereignty to the occupying power.
The Government of the SADR underlines that these findings, inter alia, significantly apply to Western Sahara, a UN listed Territory awaiting decolonisation, which has been unlawfully occupied and annexed by Morocco since 1975 in violation of the UN and OAU Charters and relevant principles of international law.
It is to be recalled that the International Court of Justice established, in its Advisory Opinion on Western Sahara issued on 16 October 1975, that no tie of territorial sovereignty had ever existed between Western Sahara and Morocco. The Court also affirmed the application of General Assembly resolution 1514 (XV) in the decolonisation of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the people of the Territory.
In line with General Assembly relevant resolutions, particularly resolution 2625 (XXV) which proclaims that no territorial acquisition resulting from the threat or use of force shall be recognised as legal as is the case with the Moroccan occupation of Western Sahara, the United Nations and its relevant organs have never recognised Morocco’s occupation and illegal annexation of Western Sahara. More precisely, in its resolutions 34/37 of 21 November 1979 and 35/19 of 11 November 1980, the General Assembly described Morocco’s unlawful presence in Western Sahara as an act of “continued occupation”.
In view of the above, the Government of the SADR reminds all States that they are under an obligation of an erga omnes character not to recognise the Moroccan illegal occupation and annexation of Western Sahara and not to aid or assist the occupying power in any manner that may have the effect of consolidating this unlawful situation that has been created by a serious breach of fundamental rules and principles of international law including the prohibition of the acquisition of territory by threat or use of force.
In this regard, the Government of the SADR demands all States, Organisations as well as private sectors to fully respect the international status of Western Sahara and to refrain from any actions that may undermine the territorial integrity of the Territory or impede the exercise of the inalienable right of the Sahrawi people to self-determination and independence and to permanent sovereignty over their natural resources. States also are under the obligation to distinguish in their dealings with Morocco between the territory of Morocco and Occupied Western Sahara.
The Government of the SADR recalls that, as established by the International Court of Justice, the duty of non-recognition also applies to international organisations, including the United Nations, in view of the serious breaches of obligations erga omnes under international law.
The United Nations and its relevant organs are therefore called upon to take all necessary measures to ensure an end to Morocco’s illegal occupation of Western Sahara and to enable the Sahrawi people to exercise freely and democratically their inalienable, non-negotiable and imprescriptible right to self-determination and independence.”
Bir Lehlou, 21 July 2024
SPS 110