Abstract This article examines the EU’s policy dilemma between pursuing its own economic interests and upholding its commitments to human rights and international law. Specifically, it seeks to shed light on the EU’s international obligations concerning trade with occupied territories, focusing on the case study of Western Sahara litigation before the Court of Justice of the European Union (‘ cjeu ’). After a brief review of the historical context as well as relevant case law, this article examines the implications of the recent cjeu rulings of 4 October 2024 through the lens of international humanitarian law (‘ ihl ’). It is argued that the cjeu ’s reluctance to engage with occupation law hinders its evaluation of Morocco’s obligations as an Occupying Power, and, by extension, the EU’s duties of non-aid, non-assistance, non-recognition, and obligation to ensure respect for ihl .
Elisa Giuliani (Mon,) studied this question.