STATEMENT ON THE AERIAL TARGETING OF SAHRAWI CIVILIANS IN THE LIBERATED SAHRAWI TERRITORIES

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STATEMENT ON THE AERIAL TARGETING OF SAHRAWI CIVILIANS IN THE LIBERATED SAHRAWI TERRITORIES

Sahrawi Office for Monitoring Compliance with International Humanitarian Law
Martyr El-Hafed Boujemaa
8 September 2026

The Sahrawi Office for Monitoring Compliance with International Humanitarian Law expresses its condemnation and strong denunciation of the attack carried out by Moroccan occupation forces using drones at 9:55 a.m. on Tuesday, 8 September 2026, in the Akrz Al-Dhafra area of the liberated Sahrawi territories, at the coordinates 24.497301N, 12.477660W. The attack targeted Sahrawi civilians, resulting in the destruction of two four-wheel-drive vehicles and causing minor injuries to two individuals, thereby placing the lives, safety, and civilian property of civilians at risk.

The Office affirms that this attack constitutes a grave violation of the rules of international humanitarian law applicable to armed conflicts, particularly those concerning the protection of civilian populations and civilian objects from the effects of hostilities.

The Office recalls that the principle of distinction constitutes one of the fundamental and firmly established principles of international humanitarian law. It requires all parties to a conflict, at all times, to distinguish between civilians and combatants, and between civilian objects and military objectives. Accordingly, it is absolutely prohibited to direct attacks against civilians as such, or against persons who do not directly participate in hostilities. It is likewise prohibited to target civilian objects or expose them to attack unless and until they have effectively become military objectives in accordance with the criteria established under international humanitarian law.¹

The Office stresses that civilians enjoy full legal protection against the dangers arising from military operations. Where there is any doubt regarding the legal status of a person, that person must be considered a civilian and afforded the protection to which civilians are entitled until proven otherwise. Civilian objects, including civilian vehicles, private means of transportation, personal property, and sources of livelihood, likewise enjoy such protection and may not be targeted or damaged except within the limits permitted by international humanitarian law.²

The Office affirms that this attack constitutes a grave violation of the rules of international humanitarian law, particularly the principles of distinction, proportionality, and the precautions required during military operations. Through its repeated operations, it also reflects the deliberate disregard by Moroccan forces for these rules and for the legal obligation to verify the nature of targets in advance before carrying out military attacks, as well as to take all feasible measures to avoid exposing civilians and civilian objects to the dangers of military operations.³

The Office further recalls that all military operations, including those conducted using drones or other advanced weapons systems, are without exception subject to the principles of distinction, proportionality, and the precautions required in attacks. Under no circumstances may technological advancement or the nature of the means employed be invoked to evade the legal obligations imposed by international humanitarian law. The legality of a military means cannot be separated from the legality of its use, and any use of force that results in civilians being targeted, exposes them to direct danger, or causes unlawful damage to civilian objects remains subject to legal accountability.⁴

The Office affirms that the principle of proportionality prohibits any attack that may be expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack. International humanitarian law also requires parties to a conflict to take all feasible precautions to avoid or minimize civilian casualties and damage to civilian objects to the greatest extent possible, including by selecting the means and methods of warfare that are least harmful to the civilian population.⁵

The Office stresses that the direct targeting of civilians constitutes one of the most serious violations prohibited under international humanitarian law. The prohibition against attacking civilians and civilian objects is a firmly established rule of customary international law and is binding upon all parties to armed conflicts without exception. Any breach of this rule undermines the system of protection established by the Geneva Conventions and constitutes a direct assault on the fundamental humanitarian principles governing the conduct of hostilities.

The Office recalls that the armed conflict of an international character between the Polisario Front and the Kingdom of Morocco remains an armed conflict governed by the rules of international humanitarian law, including the four Geneva Conventions of 1949, Additional Protocol I of 1977, and relevant customary rules. Accordingly, all parties remain bound to respect and ensure respect for these rules in all circumstances, in accordance with their obligations under international law.⁶

Based on the relevant international legal standards, the intentional targeting of civilians or persons who are not directly participating in hostilities, the directing of attacks against civilian objects, or the launching of attacks with knowledge that they may result in excessive civilian casualties in relation to the anticipated military advantage constitutes a criminal act under international humanitarian law and international criminal law and falls within the constituent acts of the war crime of intentionally directing attacks against civilians and protected civilian objects.

Such acts give rise to individual criminal responsibility for anyone who ordered, planned, carried out, or otherwise contributed to their commission, as well as responsibility on the part of military and civilian commanders who failed to prevent such acts or punish those responsible despite having effective authority, knowledge, and legal obligations in this regard.⁷

In view of the gravity of this incident, the Office calls for an independent, impartial, and effective investigation in accordance with recognized international standards, with the aim of accurately establishing the facts, documenting all damage and casualties resulting from the attack, determining the legal responsibilities arising from it, and ensuring that those responsible for serious violations of international humanitarian law do not enjoy impunity.

The Office also calls upon the United Nations and its relevant mechanisms, the International Committee of the Red Cross, the African Union and its relevant bodies, as well as international and regional organizations specializing in the protection of human rights and international humanitarian law, to follow up on this incident and take the necessary measures to ensure respect for international humanitarian law and protect the Sahrawi civilian population from repeated violations.

The Sahrawi Office for Monitoring Compliance with International Humanitarian Law reaffirms its commitment to continuing to monitor and document all violations committed in the context of this international conflict in accordance with international humanitarian law, and to inform the competent international bodies of all acts that undermine the legal protection afforded to civilians or constitute violations of the fundamental rules of international humanitarian law.

The Office concludes by affirming that respect for international humanitarian law is not a political choice subject to considerations of power or the balance of the conflict, but rather a binding international legal obligation aimed at safeguarding human dignity and reducing human suffering during armed conflicts. It further stresses that the continued impunity for violations committed against civilians undermines the protection afforded by international humanitarian law and erodes the foundations of the international legal order based on accountability and the rule of law.

Issued by the Sahrawi Office for Monitoring Compliance with International Humanitarian Law
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