In a recent article published by Peruvian news outlet Expreso, former Foreign Minister of Peru, Miguel Ángel Rodríguez Mackay, argued that “certain interests have ignored the fact that Western Sahara, the southernmost part of Morocco’s territory, is not Terra Nullius, meaning it is not land without an owner.”
The former Peruvian minister noted that the only truth recognized by international law is that from the 1975 Advisory Opinion of the International Court of Justice. Mackay emphasized that the Court unanimously concluded that Western Sahara was not Terra Nullius, but land belonging to Morocco.
The minister stated that the Advisory Opinion confirmed two points. “First, Morocco has never been an occupying power, as some have maliciously claimed since no one who owns their territory can be considered an occupier. Second, because the Sahara is not Terra Nullius, Morocco’s territorial integrity, which includes the Sahara, is indisputable.”
He added that “for the Court, stating that the Sahara is not a land without an owner, was the same as concluding that the territory has only one owner: Morocco.”
The former Peruvian Minister quoted the Court, which stated that “the materials and information presented to it show 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.”
Mackay explained that “the legal ties the Court referred to in such depth and wisdom confirmed that they can only arise from the heart of de facto relationships, which, in the case of those between the Sahrawi tribes and Morocco, were entirely and predominantly historical.
He underscored that “while international support overwhelmingly favors Morocco’s sovereignty over the Sahara, this recognition is not a result of political strategies or interests, much less by geopolitical opportunism.”
“Rather, it’s a reflection of the undeniable historical and legal connection between the Sahrawi people and Morocco, who have long recognized it as their homeland,” explained the former Peruvian Minister.
He continued, “this connection is rooted in a deep, voluntary allegiance to the Sultan (now monarch), driven by a historical force of psychological, cultural, and obligatory ties to the king.
