Bronwen Manby In this context, what do we consider to be the nationality of the inhabitants of the territory of Western Sahara, whether originating from within the internationally recognised borders of Morocco or tracing ancestry to Western Saharan territory from before 1975? Should the attribution of Moroccan nationality be recognised?172 According to the historical assumptions on the attribution of nationality on succession of states, only those who left the territory would be regarded as having rejected Moroccan nationality. The immediate assumption from the perspective of those calling for non-recognition of citizenship granted in “weaponised” contexts would seem to be that the attribution of Moroccan nationality even to those Sahrawis who remained – and potentially of all those now living in the territory – should also be unrecognised by other states. As stated by the ICJ in its 1971 advisory opinion on the South African administration of Namibia: ‘A binding determination made by a competent organ of the United Nations to the effect that a situation is illegal cannot remain without consequence’.173 However, the ICJ went on to say in the same opinion that some documents should be recognised by other states as valid, even if the status of the authority issuing the document is challenged: ‘In general, the non-recognition of South Africa’s administration of the Territory should not result in depriving the people of Namibia of any advantages derived from international co-operation. In particular, while official acts performed by the Government of South Africa on behalf of or concerning Namibia after the termination of the [League of Nations] Mandate are illegal and invalid, this invalidity cannot be extended to those acts, such as, for instance, the registration of births, deaths and marriages, the effects of which can be ignored only to the detriment of the inhabitants of the Territory.’ Should this exception also be applied to the recognition of identity documents and passports? Avoiding unintended consequences If the Moroccan nationality of those resident in Moroccan-administered Western Sahara and issued Morocco identity documents and passports were not recognised by other states, the consequences for those affected would be severe. Above all, their international freedom of movement would be significantly constrained; but other rights within Morocco might potentially also be affected, should Morocco choose to take punitive action against those seeking alternative travel documents. There is already fluctuating but significant harassment of those supporting independence for the territory174 – including confiscation of Moroccan passports to prevent international travel.175 International denial of the Moroccan nationality of those resident in the territory of Western Sahara would be against their interests. Moroccan passports issued to residents of the territory are indeed recognised by other states, despite the fact that the annexation is in violation of international law. In the case of Ukraine, however, the European Council has followed the lead of the Ukrainian government itself in deciding not to recognize Russian passports issued to Ukrainian nationals.176 Eleanor Knott argues that ‘the lens of passportisation denies agency to those assumed to have been passportised’.177 But does non-recognition of Russian passports issued in what is arguably a violation of even the existing principles of international law not inflict further damage on those same individuals, for the purpose of making a point against Russia? Clearly it is in the interests of those affected for Ukraine to continue to consider them to be Ukrainian, disregarding the alleged acquisition of Russian nationality. But the response of other states should consider not only the violation of international law represented by occupation of the territory by Russia, but also the rights of the individuals affected, whether their acceptance of Russian nationality is voluntary or not. 172 Manby, B. (2020), ‘Nationality and statelessness among persons of Western Saharan origin’, Tottel's Journal of Immigration, Asylum and Nationality Law, 34 (1). 9 - 29. 173 Western Sahara, Advisory Opinion, [1975] ICJ Rep 12, 16 October 1975. 174 See Human Rights Watch’s Morocco/Western Sahara report, Morocco/Western Sahara | Country Page | World | Human Rights Watch (hrw.org). 175 ‘Letter to King Mohammed VI on the Trial of Sahrawi Human Rights Defenders in the Western Sahara’, Human Rights Watch, 8 December 2005, Weaponized Citizenship: Should international law restrict oppressive nationality attribution? - Page 2 of 12 - Globalcit (hrw.org). 176 ‘Council adopts decision not to accept Russian documents issued in Ukraine and Georgia’, EU Council Press Release, 8 December 2022, Council adopts decision not to accept Russian documents issued in Ukraine and Georgia - Consilium (europa.eu). 177 Knott 2022. 31 Robert Schuman Centre for Advanced Studies