Berne, June 27, 2015 (SPS) - The Polisario Front, through an approach with the Swiss Federal Council, as the depositary of the Geneva Conventions, declared that it is "committed to the Geneva Conventions of 1949 and Protocol I in the conflict between it and the Kingdom of Morocco," according to a statement by Saharawi coordinator with MINURSO Mhamed Khaddad.
In 1975, the Polisario Front unilaterally declared that it would respect the right of the Geneva Conventions, and it has always remained so. The declaration on June 23, 2015 has a different scope since it was accepted by the Swiss Federal Council, and thus establishes the Polisario Front as a subject of international law and only "authority representing the people of Western Sahara fighting for its right to self-determination" (Article 96.3 of the Additional Protocol to the Geneva Conventions of 1949).
This declaration was immediately transmitted to all signatory States, and it has immediate effect. Morocco is itself a signatory, the conflict between the Polisario Front and Morocco is thus entirely governed by the provisions of international humanitarian law, which equally binds the parties to the conflict (Article 96.3, c).
A military occupation
In 1975, the International Court of Justice said that Morocco could not claim any sovereignty over Western Sahara. Also, by invading the territory, Morocco has become an occupying power under the Geneva Conventions. Western Sahara remains on the list established by the United Nations of non-autonomous territories to be decolonized (UNGA, Resolution 34/37 of 21 November 1979).
The Polisario Front is determined to use all facets of international law to achieve its goal, the self-determination referendum, and to do this it will take all legal actions it deems necessary..
A solemn appeal to companies
Numerous companies believed they could carry out their activities in Western Sahara with Moroccan authorizations under the pretext that Morocco would be the "de facto administrator". However, no text of international law gives content to the notion of "de facto administrator ", moreover, in flagrant violation of international law, Morocco proclaims it has "sovereignty" over the territory.
After this strong act which is the signature of the Geneva Conventions, the Polisario Front solemnly appeal to all companies operating in Western Sahara. The Polisario Front offers all its representations worldwide to explain why they, too, are required to respect international humanitarian law, which prohibits the exploitation of natural resources without the agreement of the Polisario Front, the only representative of the Saharawi people.
The Polisario Front will launch an information campaign towards these companies, to urge them to take their illegal and civil responsibilities and to remind them that they should deal only with the Polisario Front and the Sahrawi Arab Democratic Republic (SADR).
The right of the Geneva Conventions has somehow become a civil constitution of the Saharawi people, applicable throughout the territory of Western Sahara. The Polisario Front, determined to build its future by judicial implementation of international law, reserves the right to undertake all the procedures that it deems relevant. (SPS)
062/090/TRA