In an article published in the newspaper Express newspaper, Miguel Ángel Rodríguez Mackayformer Minister of Foreign Affairs of Peru and expert in international relations, recalls a fundamental legal truth: Western Sahara has never been a “terra nullius”, that is to say a land without master. This territory, located south of the kingdom of Morocco, is historically and legally linked to Moroccan sovereignty.
The International Court of Justice (CIJ), the United Nations judicial body, had already ruled in 1975 on this issue. In her advisory opinion, she unanimously confirmed that Western Sahara was not a Terra Nullius at the time of Spanish colonization. The existence of legal links of subordination between the sultan of Morocco and the Sahrawi tribes was formally recognized, thus confirming the legitimacy of Morocco on this territory.
According to Miguel ángel Rodríguez Mackay, law is a construction based on historical reality. The links between Morocco and the Sahrawi populations are based on an ancient relationship, solidly rooted in history. Without a past, it is impossible to claim rights, because international law is based on tangible historical facts.
Today, the international recognition of Morocco’s sovereignty over Western Sahara is increasingly significant. The author stresses that this recognition is not the result of political or state interests, but the result of an undeniable historical and legal reality. In contrast, the Polisario Front and Algeria have, for almost fifty years, have sought to deny this truth, trying to erase the indisputable links between the Sahrawi populations and Morocco.
The historical link between Western Sahara and Morocco is anchored in the collective imagination of Sahrawis. The latter have always recognized the Sultan, now king, as their legitimate sovereign. This recognition is based on a strong cultural, psychological and legal relationship, consolidated over the centuries.
-Miguel Ángel Rodríguez Mackay insists on two essential points confirmed by the advisory opinion of the CIJ: on the one hand, Morocco cannot be considered as an occupying power on its own territory; On the other hand, the territorial integrity of the kingdom, including Western Sahara, is indisputable. Thus, any attempt to deny this reality is a approach devoid of a legal and historical basis.
Abderrazzak Boussaid/Le7TV
