The Notion of « Occupying Power »
1. Considering Morocco as “occupying power” is totally wrong and inappropriate.
2. The concept of “occupying power” is clearly defined in the Hague Regulations of 1907 and in the IV Geneva Convention adopted in August 12th, 1949, stipulating that the notion of “occupying power” applies to the occupation of the territory of an existing State during an international armed conflict. Yet, at the time of the Sahara recuperation, there was no independent State other than the Kingdom of Morocco.
3. No report of the UN Secretary General, no resolution of the Security Council, and no legal opinion of the UN, describes Morocco as “occupying power”. For over thirty years, there has not been any General Assembly resolution on the issue that has conferred such a status to Morocco, unlike the allegations presented by the other parties.