Geneva (Switzerland), 9 September 2025 (SPS) – Professor Mads Andenes, an expert in international law and the former Chair of the UN Working Group on Arbitrary Detention, affirmed that the right of the Sahrawi people to self-determination has been established as a legal obligation since 1975.
He highlighted that this right was subsequently reinforced through the jurisprudence of the International Court of Justice (ICJ), particularly in its 2004 advisory opinion on the Wall in Palestine and its more recent 2024 ruling on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
In his address during a conference organized in Geneva on the Western Sahara issue, Professor Andenes pointed out that the ICJ's 2024 ruling should also be read from the perspective of Western Sahara, especially concerning issues of annexation, prolonged occupation, the transfer of settlers, and the construction of settlements on occupied territory.
He added that the passage of fifty years since the ICJ's advisory opinion on Western Sahara does not change the fact that, if asked again, the Court would reaffirm the Sahrawi people's right to self-determination. He also noted the implications arising from the long-standing denial of this right and the expansion of the occupation
Andenes also reviewed the legal work led by Polisario Front lawyers before the European Court of Justice, emphasizing that these rulings, along with the jurisprudence of the ICJ, establish clear legal obligations for states and third parties. This is because the right to self-determination is a peremptory norm of general international law (jus cogens) and an obligation owed to the international community as a whole (erga omnes).
Concluding his remarks, the Professor stressed that the continued denial of international law in Western Sahara is directly linked to the violations suffered by the Sahrawi people on the ground. He called for increased efforts in documentation and international pressure to end this illegal situation.
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