الناصرية
Volume 14, Numéro 1, Pages 12-41
2023-06-01
“come And Land In Algiers”: Events Of 22 October 1956 In International Law
Authors : Bishop Elizabeth Anona .
Abstract
On October 20, 1956, Prince Moulay Hassan son of the Sultan of Morocco flew to Tétouan (which recently served as capital for Morocco under Spanish protectorate) in his private aircraft, bringing five men back with him to Rabat. The same evening, the five men Ahmed Ben Bella, Mohammed Khider, Hocine Ait Ahmed [representing l'Union Generale des Etudiants Musulmans Algeriens, UGEMA], Mohammed Boudiaf, and Mustefa Lacheraf [UGEMA] arrived with Moulay Hassan in the new capital of a independent Morocco (Pierre Beyssade, La Guerre D'Algérie, 1954-1962/ 1968, p. 101). No claims have been made contesting the legal status of this act. Two days later, the same five Algerian men (with plans that an independent Morocco and Tunisia would declare a North African Federation, proclaiming the independence of an Algerian state) boarded a Moroccan plane in Rabat. Submitting a flight plan for Tunis, this aircraft refueled at Palma de Mallorca (the largest among Spain’s Balearic Islands). As historian of UGEMA, Ouanassa Sidi Sengour encourages colleagues to: “overcome [a] Manichaeism, which is not very productive for historical understanding, the best position for the historian is undoubtedly to try to measure the tension that surrounds any act of commitment. This can be the fruit of an experience matured often by a militant practice as it can arise thanks to the urgency of the fight. In both cases, the temporalities in which the commitment takes place are not the same and they invite us to consider the political processes other than as identical data for everyone” (Siari Tengour, “Dites et Non Dites,” 2006). The international legal environment was in the midst of shifting from wartime aspirations to postcolonial realities. After the plane took off from Palma, the French Air Force radioed the pilot to land at Algiers. Conflicting claims have been made regarding the legal status of this act, which this article addresses.
Keywords
President of Assize ; Havana Convention on Diplomatic Officers ; Convention on International Civil Aviation (ICAO) ; Act of Algeciras ; Geneva Convention on the High Seas ; France's Penal Code of 1810 ; United Nations Charter
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