Head of the Polisario Front Brahim Ghali will appear remotely from hospital before the Spanish High Court on Tuesday.
Ghali and other leaders of the group are accused by human rights groups and Western Sahara individuals of crimes including genocide, murder, terrorism and torture, the court document said.
Last month, Ghali entered a Spanish northern city under a false identity and with forged documents provided by Algeria. Madrid failed to inform Rabat, sparking the crisis.
Morocco and Spain traded new accusations on Monday in a diplomatic row triggered by the Western Sahara territorial issue that led this month to a migration crisis in Spain's enclave in northern Morocco.
Morocco's Foreign Ministry blamed Spain for breaking “mutual trust and respect”, drawing parallels between the issues of Western Sahara and Spain's Catalonia region, where there is an independence movement.
Spain “cannot combat separatism at home and promote it in its neighbor,” it said, noting Rabat's support for Madrid against the Catalan independence movement.
Spanish Prime Minister Pedro Sanchez described Morocco's actions in appearing to relax border controls with the enclave of Ceuta as unacceptable and an assault on national borders.
The influx was widely seen as retaliation for Spain's decision to discreetly take in Ghali
“Remember that neighborliness ... must be based on respect and confidence,” Spanish Prime Minister Pedro Sanchez said.
Morocco's foreign ministry said in a statement that Spain violated good neighborliness and mutual trust and that migration was not the problem.
Rabat added that it has cooperated with Madrid in curbing migrant flows and in countering terrorism, which it said helped foil 82 militant attacks in Spain.
The case of Ghali “revealed the hostile attitudes and harmful strategies of Spain regarding the Moroccan Sahara,” the ministry said in a statement.
Spanish victims of terrorist acts perpetrated by Polisario separatists demanded the “immediate arrest of Ghali.”
The Spanish foreign ministry said he was being treated for COVID-19 and was transferred to Spain for “strictly humanitarian reasons.”
Separately on Monday, Moroccan websites published a text from the Spanish - Algerian archives documenting that Ghali was a recruit and worked as a spy for the Spanish Regional Police.
According to observers, the document is evidence that the Western Sahara region issue is not a matter of self-determination but rather “a case created by the Spanish and Algerian intelligence services to divide Morocco.”
