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Annexation of Western Sahara

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Through World War II, International law and Annexation

Since World War II, it has been held in international law that any act of annexation is illegal. Likewise, the United Nations regards the Moroccan annexation of Western Sahara as null and void, such that the territory is not a legal part of Morocco and it remains subject to the international guidelines for a military occupation.

As Morocco and the United States have had a close relationship since the former's independence, Morocco has enjoyed full American support throughout the Western Sahara conflict. In exchange for the Israel–Morocco normalization agreement in 2020, the United States officially recognized Western Sahara as part of Morocco, and urged the Sahrawi Arab Democratic Republic to "negotiate a mutually acceptable solution" using Morocco's Western Sahara Autonomy Proposal as the only framework. In 2023, Israel formally recognized Moroccan sovereignty over Western Sahara.

Background

As Spain began the process of decolonization of Western Sahara, a number of international bodies were asked to opine on the territories' status. The UN visiting mission to Spanish Sahara, carried out in May 1975, published their report on 15 October 1975. On the next day, on 16 October 1975, the International Court of Justice Advisory Opinion on Western Sahara was published. Both reports supported a referendum of the people of Western Sahara; the ICJ report acknowledged that Western Sahara had historical links with Morocco and Mauritania, but not sufficient to prove the sovereignty of either State over the territory at the time of the Spanish colonization. The population of the territory thus possessed the right of self-determination.

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