Western Sahara
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
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 (Mauritania, Morocco) (concluded)
(French version only)
27 March 1975
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Oral proceedings
Verbatim record 1975
(bilingual version)
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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Verbatim record 1975
(bilingual version)
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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Orders
Judge ad hoc
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Advisory opinions
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Summaries of Judgments and Orders
Press releases
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)