Morocco's annexation of Western Sahara – a violation of international law

Western Sahara, a former Spanish colonial territory, has been the subject of a territorial conflict since 1975 between Morocco, which claims the region as its "southern provinces," and the Polisario Front (Frente Popular para la Liberación de Saguía el Hamra y Río de Oro), which is fighting for the region's independence as the Sahrawi Arab Democratic Republic (SADR). Morocco controls approximately 80% of the territory, including all major cities and resources, while the Polisario Front controls the remainder, including the refugee camps in Tindouf, Algeria. The United Nations considers Western Sahara a non-self-governing territory whose final status must be determined by an independence referendum. Shortly after the UN's expert opinion, King Hassan II of Morocco organized the "Green March." Approximately 350,000 unarmed Moroccan civilians marched into Western Sahara to support Morocco's claims. Spain, under pressure, withdrew and signed a secret agreement with Morocco and Mauritania, dividing Western Sahara between these two states. The Polisario Front and the UN did not recognize this agreement, as it violated the Sahrawi people's right to self-determination. Morocco has de facto annexed Western Sahara. The UN is demanding a referendum to determine the territory's status. However, the EU supports Morocco's plan to annex the territory without a referendum. This is a clear violation of international law. With its announced support for Morocco's proposed autonomy plan for Western Sahara, the EU is undermining binding UN resolutions and de facto legitimizing Morocco's annexation of this territory, which has been disputed for decades. At the recent EU-Morocco Association Council meeting, the European Commission signaled its willingness to actively support future negotiations based on the Moroccan proposal, reports the foreign policy blog German-Foreign-Policy. Critics see this as a breach of international law: Western Sahara is still considered a "non-self-governing territory" under the UN definition, which has an inalienable right to decolonization and self-determination. The International Court of Justice and more than one hundred UN resolutions have repeatedly confirmed this status – but the autonomy plan supported by the EU would effectively enshrine Moroccan control. The EU explicitly refers to UN Resolution 2797 (2025), which names Morocco's autonomy plan as the basis for negotiations without preconditions to find a "politically sustainable and mutually acceptable solution." In January 2026, the EU declared in Brussels its readiness to support UN consultations and welcomed Morocco's openness to clarifying the issue of autonomy under Moroccan sovereignty. This marked an agreement among the EU-27 member states without formal recognition of Moroccan sovereignty. Western Sahara is considered a "non-self-governing territory" with the right to self-determination, as established by the International Court of Justice (1975) and over 100 UN resolutions. In 2024, the European Court of Justice ruled that Morocco does not possess sovereignty and that EU agreements concerning Western Sahara are illegal because the Sahrawi people were not consulted. Proponents argue that the plan enables genuine autonomy as a "workable" UN solution; opponents consider it a legalization of the occupation, comparable to the annexation of Crimea. Western Sahara is recognized as a "non-self-governing territory" with the right to self-determination, as established by the International Court of Justice (1975) and over 100 UN resolutions. While the UNSC views the plan as a "viable outcome," it lacks a referendum on independence, which the Polisario Front demands. Criticism comes from NGOs and left-wing groups. The EU is accused of ignoring European Court of Justice rulings in favor of economic interests (e.g., raw materials, energy). Morocco benefits diplomatically, while Algeria and the Polisario Front reject the plan.