Subitted by Ahmad Jamal L L B Evening Registration no 1614 Submitted to MR MUHMMAD ZAHEER ABBAS

FACULTY OF SHARIA AND LAW

TITLE PAGE

INTRODUCTION

THE YEARS OF ARMED CONFICTS (1975-1991)

THE CEASE-FIRE

JUDGEMENT OF INTERNATIONAL COURT OF JUSTIC

THE COURT HELD

CONCLUSION

BIBLIOGRAPHY

INTRODUCTION The history of Western Sahara instated from Hanno the navigator in the 5th century BC. There are some historical records that the area of Sahara was under the domain of Roman Empire under the Brible tribe but after the arrival of Islam in that area 8th century AD. The Arabic language was started there as language of that land. The sovereignty of remains the subject of a dispute between Morocco and Polisario front that was an organization who was seeking independence from that region. The Government of Morocco sent their army to capture the area of Sahara who was with drew by Spain in 1975 and Morocco extended this administration over the south province of Qued Ed Dahob after the Mauritania renounced this claim in 1979. The Morocco youth claimed the territory of Sahara a part of their claim area. Since 1973 Polestars has challenged the claim o Spain, Mauritanian and Morocco to territory. Morocco and Polestars forces fought against intermittently from 1975 to till 1991. Then ceasefire and thin deployment of UN peace keeping forces. THE YEARS OF ARMED CONFICTS (1975-1991) In late 1975, the GOVT of spain held a meeting with the leaders of Plosara leaders to negotiate about the terms and conditions for a handover of power. But at the sme thime Morroco and Mauritania started to pressareise to the frances government both countries make the arguments that the area of sahara is historiacla part of both countries. The united nation was involved when a Morocco as about the legality of that area nad demanded to international court of justice and UN too to send the visiting mission ot enamine and determine the sishings of the populatin of that region. The report of the visiting mission was completed and they announced the decision of population held in the favor of Independence. The mission was headed by MR Simen Ake also declard that the Posario Front seemd the main Shawrawi organization of the territory and then thy also declare that area should be set fee. Then the Polisarico get a diplometaic gain and ensaraign the backing of some shawri tribes and mostly were prospainsh djemas elders at the nin Ben Tile conference of October 12. On the October 16, the ICJ held That both countries are not liable to deflare

that sahara territory the cout founded this verdict with the majority of opinin of population and with evidences. Furthermore the cout declared the concept of TERRA NUUIUS (UN OWNED LAND) did not apply to the territory. And also declared that the population is the real owner of that land and also held the right of self determination. Buth this decision was against the will of Morocco and Muarinia then they both decided to sent their army is to western sahara to attack polisario postions. On the other hand pubic diplomacy was continued between morocco and spain. However with the morocco demanding bilateral negotaintaions over the destiny of territory.

THE CEASE-FIRE In 1991 Morocco and the posario front agreed on a UN-backed cease fire in the settelement of this issue. This plain further flashed in 1997 house on agreement. Morocco agreemtn to a referendum on the indepence or wifriation with Morroca reted by the population of the sahara. This plan was mlymade for the parpuse of wing the right of self determination for this purpose the UN peacekeeping mission go there and arrange the things for the voets. This was scheduled for 1992. But this referendum has not take place due to confict over who has th right of vote after the failure of this attempt the UN tried to semed time throught James Bakes 2003 peace plan. This was accepted by polisario met rejection out of hand from Morocco. The prolonged cease fire has held without major disturbance. But at the same time some liberlizaiotn of policital protest as former disappred on the other hand humanrights campings started about the illegal demonstration against Morooco rule. Then the whole media was intended to see the determal. These all event creat very intensity in the whole territory and engendered a new wave of interest in the confilt as well as new fear of istablies arises. Polisaro demonded the intervention of infernational world.

IN 2007 Morooco requested UN against the congess to be held by poisares from in Tifariti from December 14 to December 16. The Morocco demaded tifarits is part of buffer zone and the holding that the congress violated a cease fire between the tow parties. In October 2010 lzik camp was set up near Laayoune as a people about their living condition it was home to more than 12000 people. In Nov 2010 Morooco seacurity forces entered hadaym IZIK camp in the early in the morning and destroy the camps and kill hundreds of peoples.

JUDGEMENT OF INTERNATIONAL COURT OF JUSTIC This is the main function of international court of justice is to previde an advisory opinion which is non binding on the parties and it also united nation organizations. In the summer of 1975 there were two questions before the court,

1. Was western sahara (kio de ore and sakiet E/Hamra) at the time of colonization by a spain territory blonging to no one? 2. What is the legal ties between this territory and the kingdom of Morooco and Muritaion entity?

In the same time both contries were agreed to pastation of the sovereignty. In 1975 spain officially announced the end of the referendum plan. The opinion of court was pending from May, 12 to 19 a smallinvasatingation team made of citizen from cuba, Iran, and Cotedlvaire was sent in the region to assess to public opinion. That team preformed inquires in Algeria, Mauritania, Morocco and Spain. In summer 1975 before the king Hasan II asked the countries to present their evidences before the court at that hearing twenty-seven session were held in June and July before the court called the proceeding final.

THE COURT HELD

The sahara is an independed area and there is no state who is fully claimed so the people of sahara can only the owner of this land.

CONCLUSION This issue is still bone of contention among the all claim entities but the decision of ICJ is only recommendation for these countries but there were two or three times they came near to the solution but they can not fined they way properly so this issue is still not decided in these countries.

BIBLIOGRAPHY USA state department country report on the Human right, Practice 2001 Western Sahara case. Wikipedia.com History of Sahara case in Wikipedia.