A new book titled The Sahara Issue and the Contradictions of Public International Law has been published by Africa Chark Press, in 20224, authored by Dr. Mohmamed Boubouche , a professor of international relations and international law at Mohammed First University in Oujda. In this Academic work, the author continues his advocacy for Morocco’s foremost national cause, following several previous publications and articles that have explored the topic in depth, clarified its realities, and exposed the hidden agendas behind its fabrication. Notable among these works are Legal Insights on the Artificial Sahara Conflict, The Sahara Issue and the Concept of Autonomy: A Moroccan Perspective, and Security in the Sahel and Sahara Region.
For over four decades, the Sahara issue has been one of the longest and most complex artificial territorial and regional disputes in modern history, due to various regional and international actors’ involvement. Given the widespread misconceptions propagated by adversaries of Morocco’s territorial integrity, there was a need to contribute to the defense of this crucial cause. The book provides legal insights to clarify the evolving nature of the Sahara issue, countering legal inaccuracies promoted in international forums by opponents of territorial unity.
To dispel deliberate misinformation regarding legal terms related to territorial integrity, the author addresses legal questions objectively, drawing on historical and descriptive methodologies. This approach highlights facts to dismantle misconceptions propagated by adversaries of Morocco’s territorial claims.
The study is divided into five chapters that examine:
- The concept of self-determination,
- The right to secession versus territorial integrity,
- Comparative legal and constitutionnel perspectives on secession,
- The international practice of self-determination as “secession,”
- The autonomy proposal within public international law.
In this academic defense, Dr. Boubouche illuminates legal aspects of the artificial Sahara conflict, focusing on contradictions within international law. He emphasizes that international law upholds both the principles of territorial integrity and the right to self-determination, as enshrined in the UN Charter. The relationship between these principles is theoretically complementary but has shown practical conflicts, especially regarding recent separatist movements.
The study delves into the legal foundations of self-determination and territorial sovereignty, using international legal precedents. Dr. Boubouche traces the concept of self-determination from its roots in freeing colonized peoples to its modern misuse by separatist movements, leading to political exploitation post-Cold War. He highlights international inconsistencies in applying self-determination, influenced by major powers’ interests.
Dr. Boubouche asserts that the Moroccan autonomy proposal, presented in April 2007, aligns with international legality by balancing self-determination and territorial integrity. The UN and international practices post-Cold War favor solutions like autonomy to maintain global stability, as seen in Spain and Italy.
The book counters claims that Morocco acts as an “occupying power,” a narrative driven primarily by Algeria and South Africa. Dr. Boubouche explains the legal definitions of occupation under the 1907 Hague Convention, which do not apply to Morocco’s relationship with the Sahara. He also addresses allegations of resource exploitation, noting that Morocco invests significantly in the Sahara’s development, surpassing returns from natural resources.
Highlighting the plight of Tindouf camp residents, he argues they are “hostages” rather than refugees, citing international law’s criteria for refugee status. He challenges the Polisario Front’s legitimacy, pointing out its lack of democratic representation and military nature, undermining claims of representing the Saharan population.
In conclusion, Dr. Boubouche underscores the importance of academic research in defending Morocco’s territorial integrity. He calls for mobilizing all sectors—political parties, parliamentarians, universities, and research centers—to support the national cause and refute unfounded allegations.
