tisdag, juni 01, 2010

Crimes Against Humanity in Western Sahara: The Case Against Morocco

In cooperation with two lawyers from the Swedish Section of the International Commission of Jurists I have written an article under the title “Crimes Against Humanity in Western Sahara: The Case Against Morocco”. It has not been submitted yet and we are making a draft version available for review. You can read it here.

We would very much appreciate any comments on the article, please submit them below.

4 kommentarer:

van Kaas sa...
Den här kommentaren har tagits bort av skribenten.
van Kaas sa...

Hi, after download of the paper I immediately stumble upon this sentence: "The territory of Western Sahara has been occupied partly by Morocco and Mauritania since 1975 and after 1979 entirely by Morocco."

But No! It is not "entirely occupied"! There is a Wall all over Western Sahara dividing the territory in an occupied and a free zone bordering Mauritania.

The situation in the Free zone is not like "The remaining population living on the territory of Western Sahara is surrounded by a 2200 kilometres long wall, combined with mine fields etc.". The scarce remaining population, Saharan military personnel and tourists in the free zone can travel through Mauritania to or from the refugee camps in Algeria. MINURSO personnel patrols the area as they wish.

There is no need to create a blind spot in the human rights map.

So, now I will read the rest of the article :-)

van Kaas sa...

It is a extremely interesting read! Thank you very much.
You asked for comment? I like to give some:

On page 3 is written:
After Spain took its final leave from the territory in February 1976 the Saharawi Arab Democratic Republic (SADR) was proclaimed by the Bir Lahlou, the Provisional Saharawi National Council.
I think this should be changed into :
After Spain took its final leave from the territory in February 1976 the Saharawi Arab Democratic Republic (SADR) was proclaimed in the small town of Bir Lahlou, by the Provisional Saharawi National Council.

And then the problem of what the Western Sahara actually is. On page 4 is written:
".... with consideration of the fact that neither Western Sahara nor Morocco is State Party to the Rome Statute of the International Criminal Court."
Why not change this to neither RASD nor Morocco is State Party? Or into this, as on page 16: Western Sahara (more precisely the Saharawi Arab Democratic Republic)
I mean Western Sahara is not Morocco but is also not RASD for it is a divided non-self governing territory. RASD at the moment is in effect on a lesser part of Western Sahara with a government in exile in an autonomous Algerian region (which also rules some Mauretanian territory in between by right of way) not yet recognized by everybody, and this is a difficult situation, but it could be mentioned to promote understanding and avoid confusion. For Morocco likes to add as much confusion as possible for it claims it is Algeria as it's contender for the territory.

Mark Klamberg sa...

Thanks!
I will go through these comments in detail.