Self-Determination as a Peremptory Norm of International Law and Human Rights in Non-Self-Governing Western Sahara: A Test for the European Union

The ‘Western Sahara case’ is a long history of human rights violations originated from the denial of the Sahrawi people’s self-determination. While most of the Sahrawi people is still obliged to live as de facto refugees in camps situated in the Algerian desert, a number of actors – e.g. Morocco, the UN and the AU – are unable to break the enduring deadlock in the peace process. In this difficult scenario, the chapter aims to analyse and discuss the developments related to the EU (indirect) involvement in the Western Sahara case. It argues that, whereas the EU-Morocco agreements may be void for being in contrast with self-determination as a core rule of today's international Community, positive obligations to respect and protect human rights of Saharawi people may be drawn also from EU law other than from self-determination itself.