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INTERNATIONAL COURT OF JUSTICE

Western Sahara

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Overview of the case

On 13 December 1974, the General Assembly requested an advisory opinion on the following questions : “I. Was Western Sahara (Rio de Oro and Sakiet El Hamra) at the time of colonization by Spain a territory belonging to no one (terra nullius) ?” If the answer to the first question is in the negative, “II. What were the legal ties between this territory and the Kingdom of Morocco and the Mauritanian entity ?” In its Advisory Opinion, delivered on 16 October 1975, the Court replied to Question I in the negative. In reply to Question II, it expressed the opinion that the materials and information presented to it showed the existence, at the time of Spanish colonization, of legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara. They equally showed the existence of rights, including some rights relating to the land, which constituted legal ties between the Mauritanian entity, as understood by the Court, and the territory of Western Sahara. On the other hand, the Court’s conclusion was that the materials and information presented to it did not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian entity. Thus the Court did not find any legal ties of such a nature as might affect the application of the General Assembly’s 1960 resolution 1514 (XV) — containing the Declaration on the Granting of Independence to Colonial Countries and Peoples — in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the territory.

This overview is provided for information only and in no way involves the responsibility of the Court.

Request for Advisory Opinion

Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

21 December 1974

Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

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Written proceedings

Written Statements (France, Panama, Nicaragua, The Netherlands, Guatemala, Dominican Republic, Ecuador, Costa Rica, Colombia, Spain)
(French version only)

12 February 1975

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Written Statements and Documents (Spain - Cont.)
(French version only)

26 March 1975

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Written Statements and Documents (Mauritania, Morocco) (concluded)
(French version only)

27 March 1975

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Oral proceedings

Verbatim record 1975

Minutes of the Public Sittings held at the Peace Palace, The Hague, from 12 to 16 May 1975, President Lachs presiding

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Original Language

Verbatim record 1975

Minutes of the Public Sittings held at the Peace Palace, The Hague, from 16 to 30 July and on 16 October 1975, President Lachs presiding

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Original Language

Orders

Order of 3 January 1975

Fixing of time-limit: Written Statements

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English French Bilingual

Order of 22 May 1975

Judge ad hoc

Available in:

English French Bilingual

Declaration of President Lachs (translation, as appended immediately after the order) English French Bilingual

Dissenting Opinion of Judge Morozov English French Bilingual

Advisory opinions

Advisory Opinion of 16 October 1975

Available in:

English French Bilingual

Declaration of Judge Gros (translation, as appended immediately after the advisory opinion) English French Bilingual

Declaration of Judge Ignacio-Pinto (translation, as appended immediately after the advisory opinion) English French Bilingual

Declaration of Judge Nagendra Singh (as appended immediately after the advisory opinion) English French Bilingual

Separate Opinion of Vice-President Ammoun (translation) English French Bilingual

Separate Opinion of Judge Forster (translation) English French Bilingual

Separate Opinion of Judge Petrén (translation) English French Bilingual

Separate Opinion of Judge Dillard English French Bilingual

Separate Opinion of Judge de Castro (translation) English French Bilingual

Separate Opinion of Judge Boni (translation) English French Bilingual

Dissenting Opinion of Judge Ruda English French Bilingual

Summaries of Advisory Opinions and Orders

Summary 1975/1

Summary of the Advisory Opinion of 16 October 1975

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Press releases

Press release 1975/1

9 January 1975

Western Sahara - General Assembly requested the Court to give an Advisory Opinion

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Press release 1975/2
(French version only)

28 March 1975

Sahara occidental - Communications écrites des Etats (French version only)

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Press release 1975/3
(French version only)

21 April 1975

Sahara occidental - La Cour tiendra audience le 12 mai 1975 (French version only)

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Press release 1975/4
(French version only)

16 May 1975

Sahara occidental - Composition des délégations présentes aux audiences tenues du 12 au 16 mai 1975 (French version only)

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Press release 1975/5
(French version only)

23 May 1975

Sahara occidental - La Cour internationale de Justice autorise la désignation d'un juge ad hoc par le Maroc (French version only)

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Press release 1975/6
(French version only)

5 June 1975

Sahara occidental - La Cour tiendra audience à partir du 25 juin 1975 (French version only)

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Press release 1975/7
(French version only)

25 June 1975

Sahara occidental - Ouverture des audiences publiques (French version only)

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Press release 1975/8
(French version only)

3 July 1975

Sahara occidental - Clôture de la procédure orale (French version only)

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Press release 1975/9
(French version only)

13 October 1975

Sahara occidental - La Cour rendra son avis consultatif le jeudi 16 octobre à 9 heures (French version only)

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Press release 1975/10
(French version only)

16 October 1975

La Cour internationale de Justice rend son avis consultatif dans l'affaire du Sahara occidental (French version only)

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Correspondence

Correspondence

14 December 1974

Correspondence

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