Western Sahara before the African Court of Human and Peoples’ Rights:  Is there a “brother’s keeper” obligation for the Member States of the African Union?

Author: Hélène Tigroudja
Published: 13.10.2022
In the current international context where States are ‘(re)discovering’ the virtue of international judicial litigation tools (before the ICJ or before the European Court of Human Rights), the African Court of Human and Peoples’ Rights was presented with a unique request against the backdrop of protecting the right to self-determination of the Sahrawi people. The latter have been opposed to Morocco since 1975 in a frontal struggle claiming sovereignty over the Western Sahara (here). When, in 2016, Morocco asked to be readmitted to the African Union (AU), the question may have arisen as to the extent to which it would…