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Annexation

January 26, 2023

This article is about the incorporation of additional territory into a nation state. For the incorporation of additional territory into an urban area, see Municipal annexation.

Annexation,[1] in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory.[2] It is generally held to be an illegal act.[3] Annexation is an unilateral act where territory is seized and held by one state,[4] is distinct from conquest[a][7][8] and differs from cession, in which territory is given or sold through treaty.

Basic Law: Jerusalem, Capital of Israel, passed by the Knesset on 30 July 1980
Federal Law Admitting to the Russian Federation the Republic of Crimea, passed by the State Duma on 21 March 2014
Two examples of unilateral annexation laws, both illegal under international law

Annexation can be legitimized if generally recognized by other states and international bodies.[4][9][2]

The illegality of annexation means that states carrying out such acts usually avoid using the word annexation in describing their actions;[10][11] in each of the unresolved annexations by Israel, Morocco and Russia, the states have avoided characterizing their actions as such.[11][12]

Evolution of international law

See also: Right of conquest

Illegality

International law regarding the use of force by states evolved significantly in the 20th century.[13] Key agreements include the 1907 Porter Convention, the 1920 Covenant of the League of Nations and the 1928 Kellogg–Briand Pact,[b][13] culminating in Article 2(4) of Chapter I of the United Nations Charter, which is in force today: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations".[13]

These principles were reconfirmed by the 1970 Friendly Relations Declaration.[15] Since the use of force against territorial integrity or political independence is illegal, the question as to whether title or sovereignty can be transferred in such a situation has been the subject of legal debate.[16] '[A]nnexation by the use of force of the territory of another State or part thereof' is an act of aggression according to the Rome Statute of the International Criminal Court.[17]

Occupation and annexation

Illegally annexed territory is considered as still occupied under international law and the provisions of international humanitarian law continue to apply, for precision such territory may be referred to as "occupied and illegally annexed".[18] In a report to the United Nations General Assembly, Michael Lynk contrasted de jure annexation as a formal declaration[2] by a state that it is claiming permanent sovereignty over territory and de facto annexation without the formal declaration[3] as a descriptive term for a state establishing facts on the ground as the prelude to a future claim of sovereignty.[19]

The Fourth Geneva Convention (GCIV) of 1949 amplified the Hague Conventions of 1899 and 1907 with respect to the question of the protection of civilians,[20] and the rules regarding inviolability of rights have "an absolute character",[21] making it much more difficult for a state to bypass international law through the use of annexation.[21][c]

Annexations since the foundation of the United Nations

Unresolved

By Israel

 
Israel and the territories Israel occupied in the Six-Day War.
East Jerusalem
Main articles: Israeli annexation of East Jerusalem and Jerusalem Law

During the 1967 Six-Day War, Israel captured East Jerusalem, a part of the West Bank, from Jordan. It has remained occupied until the present day. On June 27, 1967, Israel unilaterally extended its law and jurisdiction to East Jerusalem and some of the surrounding area, incorporating about 70 square kilometers of territory into the Jerusalem Municipality. Although at the time Israel informed the United Nations that its measures constituted administrative and municipal integration rather than annexation, later rulings by the Israeli Supreme Court indicated that East Jerusalem had become part of Israel. In 1980, Israel passed the Jerusalem Law as part of its Basic Law, which declared Jerusalem the "complete and united" capital of Israel. In other words, Israel purported to annex East Jerusalem.[22][23][24] The annexation was declared null and void by United Nations Security Council (UNSC) resolutions 252, 267, 271, 298, 465, 476[25] and 478.[26]

Jewish neighborhoods have since been built in East Jerusalem, and Israeli Jews have since also settled in Arab neighborhoods there, though some Jews may have returned from their 1948 expulsion after the Battle for Jerusalem. Only Costa Rica recognized Israel's annexation of East Jerusalem, and those countries who maintained embassies in Israel did not move them to Jerusalem.[27] The United States Congress passed the Jerusalem Embassy Act, which recognizes Jerusalem as the united capital of Israel and requires the relocation of the U.S. embassy there in 1995,[28] The act included a provision permitting the President to delay its implementation due to national security concerns. This waiver was used by presidents Clinton, Bush, Obama, and Trump, but was allowed to expire in 2019.[29]

West Bank excluding East Jerusalem
See also: Proposed Israeli annexation of the West Bank

Law professor Omar M. Dajani and others[30][31] discuss de facto annexation (also referred to as "creeping annexation"[32]). The debate considers whether, in all the circumstances, there is a pattern of behavior sufficient to conclude that Israel is in violation of the international prohibition against annexation, even absent a formal declaration.[33]

Golan Heights
Main article: Golan Heights Law

Israel occupied two-thirds of the Golan Heights from Syria during the 1967 Six-Day War, and subsequently built Jewish settlements in the area. In 1981, Israel passed the Golan Heights Law, which extended Israeli "law, jurisdiction, and administration" to the area, including the Shebaa farms area. This declaration was declared "null and void and without international legal effect" by United Nations Security Council Resolution 497. The Federated States of Micronesia recognized the annexation, and in 2021 the United States joined in recognition.

The vast majority of Syrian Druze in Majdal Shams, the largest Syrian village in the Golan, have held onto their Syrian passports. When Israel annexed the Golan Heights in 1981, 95% of the Majdal Shams residents refused Israeli citizenship, and are still firmly of that opinion, in spite of the Syrian Civil War.[34]

On 29 November 2012, the United Nations General Assembly reaffirmed it was "[d]eeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions," and "[s]tress[ed] the illegality of the Israeli settlement construction and other activities in the occupied Syrian Golan since 1967."[35] The General Assembly then voted by majority, 110 in favour to 6 against (Canada, Israel, Marshall Islands, Federated States of Micronesia, Palau, United States), with 59 abstentions, to demand a full Israeli withdrawal from the Syrian Golan Heights.[35]

On March 25, 2019, the United States recognized the Golan Heights as sovereign Israeli territory.[36] In response, United Nations Secretary-General António Guterres stated "the status of Golan has not changed,"[37][38] and the decision received worldwide condemnation with European members of the United Nations Security Council noting "We raise our strong concerns about the broader consequences of recognizing illegal annexation and also about broader regional consequences." and that "Annexation of territory by force is prohibited under international law," adding that unilateral changes to borders violate "the rules-based international order and the UN Charter."[39]

Western Sahara

Main article: Political status of Western Sahara
 
Morocco officially annexed Western Sahara in 1976

In 1975, and following the Madrid Accords between Mauritania, Morocco, and Spain, the last Spanish troops withdrew from the territory and ceded the administration to Mauritania and Morocco. This was challenged by an independentist movement, the Polisario Front that waged a guerrilla war against both Mauritania and Morocco. In 1979, and after a military putsch, Mauritania withdrew from the territory that left it controlled by Morocco. A United Nations peace process was initiated in 1991, but it has been stalled, and as of mid-2012, the UN is holding direct negotiations between Morocco and the Polisario front to reach a solution to the conflict. The Sahrawi Arab Democratic Republic is a partially recognized state that has claimed the entire region since 1975.

By Russia

Main articles: Annexation of Crimea by the Russian Federation and Annexation of Southern and Eastern Ukraine
 
Tourists in Crimea with the Russian flag flying after annexation by Russia (14 June 2015).

In March 2014, Russia annexed the Crimean Peninsula, which had been a part of Ukraine since 1991 and administers the territory as two federal subjects — the Republic of Crimea and the federal city of Sevastopol.[40] The UN General Assembly considers the Russian possession of Crimea and Sevastopol to be an "attempted annexation" and the Russian Federation an "occupying power".[41][42]

Russia rejects the view that this was an annexation and regards it as an accession to the Russian Federation of a state that had just declared independence from Ukraine following a disputed referendum, and considers it secession as a result of irredentism. A term often used in Russia to describe these events is "re-unification" (воссоединение) to highlight the fact that Crimea was a part of the Russian Empire from 1783 to 1917, and part of the Russian SFSR from 1921 to 1954. Few states recognize this view. Ukraine considers Crimea and Sevastopol its own territory, and oversees the Crimea Platform, an international diplomatic initiative to restore its sovereignty.

On 30 September 2022, during the Russian invasion of Ukraine, the Russian Federation, following referendums, declared the annexation of territories in southern and eastern Ukraine. As a result, Russia claimed sovereignty over the territories of four Ukrainian oblasts – Luhansk, Donetsk, Zaporizhzhia and Kherson – and recognised as its federal subjects Donetsk People's Republic, Luhansk People's Republic, Kherson military–civilian administration, and Zaporizhzhia military–civilian administration.

Subsequently withdrawn

Eritrea

In 1952, Ethiopian Emperor Haile Selassie orchestrated a federation with Eritrea. He dissolved it in 1962 and annexed Eritrea, resulting in the Eritrean War of Independence.[43]

Jordan

Main article: Jordanian annexation of the West Bank

The part of former Mandatory Palestine occupied by Jordan during the 1948 Arab–Israeli War, was renamed "the West Bank". It was annexed to Jordan in 1950 at the request of a Palestinian delegation.[44] It had been questioned, however, how representative that delegation was, and at the insistence of the Arab League, Jordan was considered a trustee only.[45] Only Pakistan and the United Kingdom recognized the annexation by Jordan.[46] It was not condemned by the United Nations Security Council and it remained under Jordanian rule until 1967 when it was occupied by Israel. Jordan did not officially relinquish its claim to rule the West Bank until 1988.[47] Israel has not taken the step of annexing the territory (except for parts of it that was made part of the Jerusalem Municipality), rather, there were enacted a complex (and highly controversial) system of military government decrees in effect applying Israeli law in many spheres to Israeli settlements.

East Timor

Main article: Indonesian invasion of East Timor
See also: Indonesian occupation of East Timor

Following an Indonesian invasion in 1975, East Timor (Timor-Leste) was annexed by Indonesia and was known as Timor Timur. It was regarded by Indonesia as the country's 27th province, but this was never recognised by the United Nations. The people of East Timor resisted Indonesian forces in a prolonged guerrilla campaign.

Following a referendum held in 1999 under a UN-sponsored agreement between the two sides, the people of East Timor rejected the offer of autonomy within Indonesia. East Timor achieved independence in 2002 and is now officially known as Timor-Leste.

Kuwait

 
Civilians and coalition military forces wave Kuwaiti and Saudi Arabian flags as they celebrate the reversal of the annexation of Kuwait by Iraq (28 February 1991).
Main article: Invasion of Kuwait

After being allied with Iraq during the Iran–Iraq War (largely due to desiring Iraqi protection from Iran), Kuwait was invaded and annexed by Iraq (under Saddam Hussein) in August 1990. Hussein's primary justifications included a charge that Kuwaiti territory was in fact an Iraqi province, and that annexation was retaliation for "economic warfare" Kuwait had waged through slant drilling into Iraq's oil supplies. The monarchy was deposed after annexation, and an Iraqi governor installed.

United States president George H. W. Bush ultimately condemned Iraq's actions, and moved to drive out Iraqi forces. Authorized by United Nations Security Council resolutions, an American-led coalition of 34 nations fought the Gulf War to reinstate the Kuwaiti Emir. Iraq's invasion (and annexation) was deemed illegal and Kuwait remains an independent nation today.

Subsequently legalized

Tibet

Main article: Annexation of Tibet by the People's Republic of China
See also: Tibetan sovereignty debate
 
Tibet and approximate line of communist advance in February 1950

The rule of the Qing dynasty over Tibet was established after a Qing expedition force defeated the Dzungar Khanate which had occupied Tibet in 1720, and lasted until the fall of the Qing dynasty in 1912. The Imperial Edict of the Abdication of the Qing Emperor issued in 1912 provided the legal basis for the Republic of China (ROC) to inherit all Qing territories, including Tibet.[48][49][50] However, the ROC had no effective control over Tibet from 1912 to 1951;[51] In the opinion of the Chinese government, this condition does not represent Tibet's de jure independence as many other parts of China also enjoyed de facto independence when the Chinese state was torn by warlordism, Japanese invasion, and civil war.[52]

Tibet came under the control of the People's Republic of China (PRC) after attempts by the Government of Tibet to gain international recognition, efforts to modernize its military, negotiations between the Government of Tibet and the PRC, and a military conflict in the Chamdo area of western Kham in October 1950. Some analysts consider the incorporation of Tibet into the PRC an annexation.[53][54][55]

If the actions of 1950 constituted an annexation, it was subsequently legalized by the Seventeen Point Agreement by the Government of Tibet in October 1951. From 1959 onwards, claims were made that this agreement was signed under pressure; academics have debated this ever since, but Tibet is recognized internationally as part of China.[56][57]

By India

Hyderabad
Main article: Annexation of Hyderabad

After the withdrawal of the British Empire from India, each of the Princely States of India and Pakistan that had been protectorates of the British Empire were given the choice of either 1. opting to join India, 2. opting to join Pakistan or 3. resume their former status as fully independent states. While most of the princely states opted to join either Pakistan or India, Hyderabad State elected instead to resume full independence. Following the expiration of ultimatums from India, the Indian military launched its Operation Polo on 13 September 1948 and invaded Hyderabad. After conquering most of Hyderabad in five days of warfare, the Nizam was forced to capitulate on 18 September 1948 and sign a treaty that saw Hyderabad annexed by India.

Goa
Main article: Annexation of Goa
 
Portuguese India in 1961

In 1954, the residents of Dadra and Nagar Haveli, a Portuguese enclave within India, ended Portuguese rule with the help of nationalist volunteers. From 1954 to 1961, the territory enjoyed de facto independence. In 1961, the territory was merged with India after its government signed an agreement with the Indian government.

In 1961, India and Portugal engaged in a brief military conflict over Portuguese-controlled Goa and Daman and Diu. India invaded and conquered the areas after 36 hours of fighting, thus ending 451 years of Portuguese colonial rule in India. The action was viewed in India as a liberation of historically Indian territory; in Portugal, however, the loss of both enclaves was seen as a national tragedy. A condemnation of the action by the United Nations Security Council was vetoed by the Soviet Union.[58] Goa and Daman and Diu were incorporated into India.

Portugal recognized India's sovereignty over Goa in a treaty in December 1974.[59]

Sikkim
Main article: Sikkim
 
The strategic importance of Sikkim was realized in 1960s during the Sino-Indian War. Map in Polish.

During the British colonial rule in India, Sikkim had an ambiguous status, as an Indian princely state or as an Indian protectorate. Prior to Indian independence, Jawaharlal Nehru, acting as the leader of Executive Council, agreed that Sikkim would not be treated as an Indian state. Between 1947 and 1950, Sikkim enjoyed de facto independence. However, Indian independence spurred popular political movements in Sikkim and the ruling Chogyal came under pressure. He requested Indian help to quell the uprising, which was offered. Subsequently, in 1950, India signed a treaty with Sikkim bringing it under its suzerainty, and controlling its external affairs, defence, diplomacy and communications. A state council was established in 1955 to allow for constitutional government under the Sikkimese monarch. Meanwhile, trouble was brewing in the state after the Sikkim National Congress demanded fresh elections and greater representation for the Nepalese. In the 1967 Nathu La and Cho La clashes, Chinese border attacks were repulsed. In 1973, riots in front of the palace led to a formal request for protection from India. The Chogyal was proving to be extremely unpopular with the people. In 1975, the Kazi (prime minister) appealed to the Indian Parliament for a change in Sikkim's status so that it could become a state of India. In April, the Indian Army moved into Sikkim, seizing the city of Gangtok and disarming the Palace Guards. A referendum was held in which 97.5% of the voting people (59% of the people entitled to vote) voted to join the Indian Union. A few weeks later, on May 16, 1975, Sikkim officially became the 22nd state of the Indian Union and the monarchy was abolished.[60]

Western New Guinea

See also: West New Guinea dispute

Following a controversial plebiscite in 1969, Western New Guinea or West Papua was annexed by Indonesia.[61] West Papua is the western half of the island of New Guinea and smaller islands to its west. The separatist Free Papua Movement (OPM) has engaged in a small-scale yet bloody conflict with the Indonesian military since the 1960s.[62]

Vietnam reunification

See also: Reunification Day
 
Communist Party of Vietnam billboard marking the 30th anniversary of the reunification of the country in 1975

North Vietnam de facto annexed South Vietnam following the military defeat of the South Vietnamese army in April 1975.[63] The communist regime of the Socialist Republic of Vietnam had officially reunified the country.

Other

Queen Maud Land

Main article: Queen Maud Land

One example of a claimed annexation after World War II is the Kingdom of Norway's southward expansion of the dependent territory Queen Maud Land. On most maps there had been an unclaimed area between Queen Maud Land's borders of 1939 and the South Pole until June 12, 2015, when Norway formally claimed to have annexed that area.[64]

British annexation of Rockall

Main article: Rockall
 
Lieutenant Commander Desmond Scott hoists the Union Flag in 1955

On 18 September 1955 at precisely 10:16 am, Rockall was declared officially annexed by the British Crown when Lieutenant-Commander Desmond Scott RN, Sergeant Brian Peel RM, Corporal AA Fraser RM, and James Fisher (a civilian naturalist and former Royal Marine), were deposited on the island by a Royal Navy helicopter from HMS Vidal (coincidentally named after the man who first charted the island). The team cemented in a brass plaque on Hall's Ledge and hoisted the Union Flag to stake the UK's claim.[65] However, any effect of this annexation on valuable maritime rights claims under UNCLOS in the waters beyond 12 nautical miles from Rockall are neither claimed by Britain nor recognised by Denmark (for the Faroe Islands), Iceland or Ireland.[citation needed]

See also

References

  1. ^ (Latin ad, to, and nexus, joining)
  2. ^ a b c Rothwell et al. 2014, p. 360: "Annexation is distinct from cession. Instead of a State seeking to relinquish territory, annexation occurs when the acquiring State asserts that it now holds the territory. Annexation will usual follow a military occupation of a territory, when the occupying power decides to cement its physical control by asserting legal title. The annexation of territory is essentially the administrative action associated with conquest. Mere conquest alone is not enough, but rather the conquering State must assert it is now sovereign over the territory concerned. For example, the defeat of Germany and Japan in 1945 led to their occupation by the United States and allies for a number of years, but the States themselves were not absorbed by the Allied Powers part of their respective territories. Examples of annexation in contemporary practice are not common, and are generally viewed as illegal."
  3. ^ a b Hofmann 2013, p. i: "Annexation means the forcible acquisition of territory by one State at the expense of another State. It is one of the principal modes of acquiring territory... in contrast to acquisition a) of terra nullius by means of effective occupation accompanied by the intent to appropriate the territory; b) by cession as a result of a treaty concluded between the States concerned (Treaties), or an act of adjudication, both followed by the effective peaceful transfer of territory; c) by means of prescription defined as the legitimization of a doubtful title to territory by passage of time and presumed acquiescence of the former sovereign; d) by accretion constituting the physical process by which new land is formed close to, or becomes attached to, existing land. Under present international law, annexation no longer constitutes a legally admissible mode of acquisition of territory as it violates the prohibition of the threat or use of force. Therefore annexations must not be recognized as legal."
  4. ^ a b   One or more of the preceding sentences incorporates text from a publication now in the public domain: Barclay, Thomas (1911). "Annexation". In Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 2 (11th ed.). Cambridge University Press. p. 73.
  5. ^ Goertz, Gary; Diehl, Paul F.; Balas, Alexandru (2016), "The Development of Territorial Norms and the Norm against Conquest", The Puzzle of Peace, Oxford University Press, doi:10.1093/acprof:oso/9780199301027.001.0001, ISBN 978-0-19-930102-7
  6. ^ Altman, Dan (2020). "The Evolution of Territorial Conquest After 1945 and the Limits of the Territorial Integrity Norm". International Organization. 74 (3): 490–522. doi:10.1017/S0020818320000119. ISSN 0020-8183. S2CID 226467742.
  7. ^ Marcelo G Kohen (2017). "Conquest". In Frauke Lachenmann; Rüdiger Wolfrum (eds.). The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law. Oxford University Press. p. 289. ISBN 978-0-19-878462-3. Conquest and annexation are not synonymous either. The latter term is used within and outside the context of armed conflicts, to designate a unilateral decision adopted by a State in order to extend its sovereignty over a given territory. In many cases, the effective occupation of a terra nullius was followed by a declaration of annexation, in order to incorporate the territory under the sovereignty of the acquiring State. In the context of armed conflicts, annexation is the case in which the victorious State unilaterally declares that it is henceforth sovereign over the territory having passed under its control as a result of hostilities. This attempt at producing a transfer of sovereignty through the exclusive decision of the victor is not generally recognized as valid, both in classical and in contemporary international law. An example of a case of annexation preceding the adoption of the UN Charter is the annexation of Bosnia-Herzegovina by the Austro-Hungarian Empire in 1908. The annexation was not recognized by the major Powers and required a modification of the 1878 Treaty of Berlin which had simply granted Austria-Hungary the right to administer the territory. Another example is the annexation of Ethiopia by Italy in 1936. Examples of purported contemporary annexations are the Golan Heights annexed by Israel in 1980 and Kuwait by Iraq in 1990, both declared null and void by the Security Council, or the incorporation of Crimea and the City of Sebastopol in the Russian Federation.
  8. ^ Kohen, p.288, refers to clause 101 of the PERMANENT COURT OF INTERNATIONAL JUSTICE, 1933, April 5th, General List: No. 43. TWENTY-SIXTH SESSION, LEGAL STATUS OF EASTERN GREENLAND: "Conquest only operates as a cause of loss of sovereignty when there is war between two States and by reason of the defeat of one of them sovereignty over territory passes from the loser to the victorious State."
  9. ^ "Annexation". Encyclopædia Britannica. Encyclopædia Britannica Online. Retrieved 20 March 2014. Unlike cession, whereby territory is given or sold through treaty, annexation is a unilateral act made effective by actual possession and legitimized by general recognition.
  10. ^ Dajani, Omar M. (2017). "Symposium on revisiting Israel's settlements: Israel's creeping annexation". AJIL Unbound (McGeorge School of Law Scholarly Articles). Cambridge University Press (CUP). 111: 51–56. doi:10.1017/aju.2017.21. ISSN 2398-7723. S2CID 149297181. …today's legal prohibition of conquest creates an incentive for states to obfuscate the reality of annexation that did not exist when such actions were lawful. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign.
  11. ^ a b Korman, S. (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Clarendon Press. pp. 253–254 (also see note 11). ISBN 978-0-19-158380-3. Retrieved 2022-03-09. However, in an era which has repudiated the 'right of conquest', the term 'annexation' is discreetly avoided by all states effecting acquisitions of territory by force.
  12. ^ Boris N. Mamlyuk (6 July 2015). "The Ukraine Crisis, Cold War II, and International Law". The German Law Journal. SSRN 2627417.
  13. ^ a b c Jennings & Kohen 2017, p. 80.
  14. ^ Hofmann 2013, p. ii: "...States are under a legal obligation to abide by the Stimson Doctrine and not to recognize as lawful territorial changes effected by means of annexation. Moreover, even the annexation of the entire territory of a State does not result in the automatic extinction of that State as a subject of international law notwithstanding that it no longer has the capacity to act as such since it cannot exercise sovereign and effective control over any territory."
  15. ^ Aust 2010, p. 36.
  16. ^ Jennings & Kohen 2017, p. 81.
  17. ^ Carrie McDougall (2021). The Crime of Aggression under the Rome Statute of the International Criminal Court. Cambridge University Press. doi:10.1017/9781108769143. ISBN 978-1-108-73852-1. S2CID 241838777. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly Resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;
  18. ^ Wrange 2015, p. 14.
  19. ^ Lynk, Michael (22 October 2018). Situation of human rights in the Palestinian territories occupied since 1967 (Report). United Nations. p. 7.
  20. ^ "Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. Commentary - Art. 47. Part III : Status and treatment of protected persons #Section III : Occupied territories". ICRC. Retrieved 20 March 2014. it was obvious that they were in fact always subservient to the will of the Occupying Power. Such practices were incompatible with the traditional concept of occupation (as defined in Article 43 of the Hague Regulations of 1907)
  21. ^ a b Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47 by the ICRC
  22. ^ Sela, Avraham. "Jerusalem." The Continuum Political Encyclopedia of the Middle East. Ed. Avraham Sela. New York: Continuum, 2002. pp. 391-498.
  23. ^ Frank, Mitch. Understanding the Holy Land: Answering Questions about the Israeli-Palestinian Conflict. New York: Viking, 2005. p. 74.
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  28. ^ Jerusalem Embassy Act of 1995, Pub. L. 104–45 (text) (PDF), November 8, 1995, 109 Stat. 398.
  29. ^ Ahren, Raphael; staff, T. O. I. "US confirms no more presidential waivers for Jerusalem Embassy Act". www.timesofisrael.com. Retrieved 2021-05-23.
  30. ^ Aeyal Gross (6 April 2017). The Writing on the Wall: Rethinking the International Law of Occupation. Cambridge University Press. p. 122. ISBN 978-1-316-50932-6. The perceived separation of the OPT from Israel and the lack of de jure annexation allows the continued attitude toward the OPT as "merely" occupied to persist. In reality, however, events familiar from the context of East Timor, Western Sahara, and Northern Cyprus, such as settlements and the taking of land and of natural resources, as detailed in the next chapter, have occurred in this territory even without a formal annexation.
  31. ^ Orna Ben-Naftali, Michael Sfard, Hedi Viterbo (10 May 2018). The ABC of the OPT: A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory. Cambridge University Press. p. 411. doi:10.1017/9781316661376. ISBN 978-1-107-15652-4. the ICJ concluded that the "route of the Wall will prejudge the future frontier between Israel and Palestine" and generates "the fear that Israel may integrate the settlements and their means of access" in a manner "tantamount to de facto annexation"{{cite book}}: CS1 maint: uses authors parameter (link)
  32. ^ "UN report: Israel's "creeping annexation" of territory is illegal". Christian Science Monitor. 31 January 2013. The United Nations' first report on Israel's overall settlement policy describes it as a "creeping annexation" of territory
  33. ^ Omar M. Dajani (2017). "Symposium on Revisiting Israel's Settlements Israel's Creeping Annexation" (PDF). American Society of International Law.
  34. ^ "Syria: 'We still feel Syrian,' say Druze of Golan Heights". 28 November 2012.
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  49. ^ Zhai, Zhiyong (2017). 憲法何以中國. p. 190. ISBN 9789629373214.
  50. ^ Gao, Quanxi (2016). 政治憲法與未來憲制. p. 273. ISBN 9789629372910.
  51. ^ Freeman, Lesley (2013). Running From Tenda Gyamar: A Voluteer's Story of Life with the Refugee Children of Tibet. Winchester, UK: Mantra Books. p. 5. ISBN 978-1-78099-853-4. With the collapse of the Chinese Empire in 1911, Tibet Declared its independence.
  52. ^ Grunfeld, 1996, p256
  53. ^ Carlson, Allen (June 2, 2020). "What's in store for Hong Kong? Look at Tibet". The Washington Post.
  54. ^ Matthew Wills (23 May 2016). "Tibet and China 65 Years Later: Tibet was annexed by the Chinese 65 years ago. The struggle for Tibetan independence has continued ever since". JSTOR Daily. from the original on 1 July 2019.
  55. ^ "Tibet Through Chinese Eyes", The Atlantic, 1999, from the original on 19 May 2017, In Western opinion, the "Tibet question" is settled: Tibet should not be part of China; before being forcibly annexed, in 1951, it was an independent country.
  56. ^ Anne-Marie Blondeau; Katia Buffetrille (2008). Authenticating Tibet: Answers to China's 100 Questions. University of California Press. p. 61. ISBN 978-0-520-24464-1. from the original on 23 June 2016. It was evident that the Chinese were not prepared to accept any compromises and that the Tibetans were compelled, under the threat of immediate armed invasion, to sign the Chinese proposal.
  57. ^ Tsepon Wangchuk Deden Shakabpa (October 2009). One Hundred Thousand Moons: An Advanced Political History of Tibet. BRILL. pp. 953, 955. ISBN 978-90-04-17732-1.
  58. ^ "The United Nations Security Council S/5033". www.un.org. Retrieved 17 July 2017.
  59. ^ India-Portugal Relations, Indian ministry of External Affairs, Sep 2010 [2]
  60. ^ "Did India have a right to annex Sikkim in 1975?". India Today. February 18, 2015.
  61. ^ "How the UN Failed West Papua". The Diplomat. 19 September 2016.
  62. ^ . Archived from the original on 2011-06-15. Retrieved 2018-09-16.
  63. ^ "The Timeline of the Political History of Vietnam ". San José State University.
  64. ^ Rapp, Ole Magnus. "Norge utvider Dronning Maud Land helt frem til Sydpolen - Aftenposten". Aftenposten.no. Retrieved 2016-08-08.
  65. ^ BBC staff. "On this day: 21 September 1955: Britain claims Rockall". BBC. Retrieved 15 August 2018.

Notes

  1. ^ Scholars have debated the existence of a norm against conquest since 1945 but states have continued to pursue annexation of small swaths of territory.[5][6]
  2. ^ It is generally held that countries are under obligation to abide by the Stimson Doctrine that a state: "cannot admit the legality of any situation de facto nor... recognize any treaty or agreement entered into between those Governments... not... recognize any situation, treaty or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris of August 27, 1928".[14]
  3. ^ GCIV Article 47, in the first paragraph in Section III: Occupied territories, restricted the effects of annexation on the rights of persons within those territories: "Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory."

Further reading

 
Look up annexation in Wiktionary, the free dictionary.
  • Aust, Anthony (2010). Handbook of International Law. Cambridge University Press. ISBN 978-1-139-48578-4.
  • Hofmann, Rainer (2013). "Annexation". Max Planck Encyclopedia of Public International Law. Oxford University Press.
  • Adam Roberts. , 100 The American Journal of International Law. vol 100 pp. 580–622 (2006)
  • Daniel Högger (2015). The Recognition of States. LIT Verlag Münster. ISBN 978-3-643-80196-8.
  • Tanisha M. Fazal (30 October 2011). State Death: The Politics and Geography of Conquest, Occupation, and Annexation. Princeton University Press. ISBN 978-1-4008-4144-8.
  • Jennings, R. Y.; Kohen, Marcelo (1 April 2017). The acquisition of territory in international Law with a New Introduction by Marcelo G. Kohen. Manchester University Press. ISBN 978-1-5261-1718-2.
  • Rothwell, Donald; Kaye, Stuart; Akhtarkhavari, Afshin; Davis, Ruth (2014). "6.6 Cession and Annexation". International Law: Cases and Materials with Australian Perspectives. Cambridge University Press. ISBN 978-1-107-69119-3.
  • Wrange, Pål (2015). Occupation/annexation of a territory:Respect for international humanitarian law and human rights and consistent EU policy (PDF) (Report). European parliament. doi:10.2861/80851. ISBN 978-92-823-7550-1.

January 26, 2023
annexation, this, article, about, incorporation, additional, territory, into, nation, state, incorporation, additional, territory, into, urban, area, municipal, annexation, international, forcible, acquisition, state, territory, another, state, usually, follow. This article is about the incorporation of additional territory into a nation state For the incorporation of additional territory into an urban area see Municipal annexation Annexation 1 in international law is the forcible acquisition of one state s territory by another state usually following military occupation of the territory 2 It is generally held to be an illegal act 3 Annexation is an unilateral act where territory is seized and held by one state 4 is distinct from conquest a 7 8 and differs from cession in which territory is given or sold through treaty Basic Law Jerusalem Capital of Israel passed by the Knesset on 30 July 1980Federal Law Admitting to the Russian Federation the Republic of Crimea passed by the State Duma on 21 March 2014Two examples of unilateral annexation laws both illegal under international law Annexation can be legitimized if generally recognized by other states and international bodies 4 9 2 The illegality of annexation means that states carrying out such acts usually avoid using the word annexation in describing their actions 10 11 in each of the unresolved annexations by Israel Morocco and Russia the states have avoided characterizing their actions as such 11 12 Contents 1 Evolution of international law 1 1 Illegality 1 2 Occupation and annexation 2 Annexations since the foundation of the United Nations 2 1 Unresolved 2 1 1 By Israel 2 1 1 1 East Jerusalem 2 1 1 2 West Bank excluding East Jerusalem 2 1 1 3 Golan Heights 2 1 2 Western Sahara 2 1 3 By Russia 2 2 Subsequently withdrawn 2 2 1 Eritrea 2 2 2 Jordan 2 2 3 East Timor 2 2 4 Kuwait 2 3 Subsequently legalized 2 3 1 Tibet 2 3 2 By India 2 3 2 1 Hyderabad 2 3 2 2 Goa 2 3 2 3 Sikkim 2 3 3 Western New Guinea 2 3 4 Vietnam reunification 2 4 Other 2 4 1 Queen Maud Land 2 4 2 British annexation of Rockall 3 See also 4 References 5 Notes 6 Further readingEvolution of international law EditSee also Right of conquest Illegality Edit International law regarding the use of force by states evolved significantly in the 20th century 13 Key agreements include the 1907 Porter Convention the 1920 Covenant of the League of Nations and the 1928 Kellogg Briand Pact b 13 culminating in Article 2 4 of Chapter I of the United Nations Charter which is in force today All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the Purposes of the United Nations 13 These principles were reconfirmed by the 1970 Friendly Relations Declaration 15 Since the use of force against territorial integrity or political independence is illegal the question as to whether title or sovereignty can be transferred in such a situation has been the subject of legal debate 16 A nnexation by the use of force of the territory of another State or part thereof is an act of aggression according to the Rome Statute of the International Criminal Court 17 Occupation and annexation Edit Illegally annexed territory is considered as still occupied under international law and the provisions of international humanitarian law continue to apply for precision such territory may be referred to as occupied and illegally annexed 18 In a report to the United Nations General Assembly Michael Lynk contrasted de jure annexation as a formal declaration 2 by a state that it is claiming permanent sovereignty over territory and de facto annexation without the formal declaration 3 as a descriptive term for a state establishing facts on the ground as the prelude to a future claim of sovereignty 19 The Fourth Geneva Convention GCIV of 1949 amplified the Hague Conventions of 1899 and 1907 with respect to the question of the protection of civilians 20 and the rules regarding inviolability of rights have an absolute character 21 making it much more difficult for a state to bypass international law through the use of annexation 21 c Annexations since the foundation of the United Nations EditUnresolved Edit By Israel Edit Israel and the territories Israel occupied in the Six Day War East Jerusalem Edit Main articles Israeli annexation of East Jerusalem and Jerusalem Law During the 1967 Six Day War Israel captured East Jerusalem a part of the West Bank from Jordan It has remained occupied until the present day On June 27 1967 Israel unilaterally extended its law and jurisdiction to East Jerusalem and some of the surrounding area incorporating about 70 square kilometers of territory into the Jerusalem Municipality Although at the time Israel informed the United Nations that its measures constituted administrative and municipal integration rather than annexation later rulings by the Israeli Supreme Court indicated that East Jerusalem had become part of Israel In 1980 Israel passed the Jerusalem Law as part of its Basic Law which declared Jerusalem the complete and united capital of Israel In other words Israel purported to annex East Jerusalem 22 23 24 The annexation was declared null and void by United Nations Security Council UNSC resolutions 252 267 271 298 465 476 25 and 478 26 Jewish neighborhoods have since been built in East Jerusalem and Israeli Jews have since also settled in Arab neighborhoods there though some Jews may have returned from their 1948 expulsion after the Battle for Jerusalem Only Costa Rica recognized Israel s annexation of East Jerusalem and those countries who maintained embassies in Israel did not move them to Jerusalem 27 The United States Congress passed the Jerusalem Embassy Act which recognizes Jerusalem as the united capital of Israel and requires the relocation of the U S embassy there in 1995 28 The act included a provision permitting the President to delay its implementation due to national security concerns This waiver was used by presidents Clinton Bush Obama and Trump but was allowed to expire in 2019 29 West Bank excluding East Jerusalem Edit See also Proposed Israeli annexation of the West Bank Law professor Omar M Dajani and others 30 31 discuss de facto annexation also referred to as creeping annexation 32 The debate considers whether in all the circumstances there is a pattern of behavior sufficient to conclude that Israel is in violation of the international prohibition against annexation even absent a formal declaration 33 Golan Heights Edit Main article Golan Heights Law Israel occupied two thirds of the Golan Heights from Syria during the 1967 Six Day War and subsequently built Jewish settlements in the area In 1981 Israel passed the Golan Heights Law which extended Israeli law jurisdiction and administration to the area including the Shebaa farms area This declaration was declared null and void and without international legal effect by United Nations Security Council Resolution 497 The Federated States of Micronesia recognized the annexation and in 2021 the United States joined in recognition The vast majority of Syrian Druze in Majdal Shams the largest Syrian village in the Golan have held onto their Syrian passports When Israel annexed the Golan Heights in 1981 95 of the Majdal Shams residents refused Israeli citizenship and are still firmly of that opinion in spite of the Syrian Civil War 34 On 29 November 2012 the United Nations General Assembly reaffirmed it was d eeply concerned that Israel has not withdrawn from the Syrian Golan which has been under occupation since 1967 contrary to the relevant Security Council and General Assembly resolutions and s tress ed the illegality of the Israeli settlement construction and other activities in the occupied Syrian Golan since 1967 35 The General Assembly then voted by majority 110 in favour to 6 against Canada Israel Marshall Islands Federated States of Micronesia Palau United States with 59 abstentions to demand a full Israeli withdrawal from the Syrian Golan Heights 35 On March 25 2019 the United States recognized the Golan Heights as sovereign Israeli territory 36 In response United Nations Secretary General Antonio Guterres stated the status of Golan has not changed 37 38 and the decision received worldwide condemnation with European members of the United Nations Security Council noting We raise our strong concerns about the broader consequences of recognizing illegal annexation and also about broader regional consequences and that Annexation of territory by force is prohibited under international law adding that unilateral changes to borders violate the rules based international order and the UN Charter 39 Western Sahara Edit Main article Political status of Western Sahara Morocco officially annexed Western Sahara in 1976 In 1975 and following the Madrid Accords between Mauritania Morocco and Spain the last Spanish troops withdrew from the territory and ceded the administration to Mauritania and Morocco This was challenged by an independentist movement the Polisario Front that waged a guerrilla war against both Mauritania and Morocco In 1979 and after a military putsch Mauritania withdrew from the territory that left it controlled by Morocco A United Nations peace process was initiated in 1991 but it has been stalled and as of mid 2012 the UN is holding direct negotiations between Morocco and the Polisario front to reach a solution to the conflict The Sahrawi Arab Democratic Republic is a partially recognized state that has claimed the entire region since 1975 By Russia Edit Main articles Annexation of Crimea by the Russian Federation and Annexation of Southern and Eastern Ukraine Tourists in Crimea with the Russian flag flying after annexation by Russia 14 June 2015 In March 2014 Russia annexed the Crimean Peninsula which had been a part of Ukraine since 1991 and administers the territory as two federal subjects the Republic of Crimea and the federal city of Sevastopol 40 The UN General Assembly considers the Russian possession of Crimea and Sevastopol to be an attempted annexation and the Russian Federation an occupying power 41 42 Russia rejects the view that this was an annexation and regards it as an accession to the Russian Federation of a state that had just declared independence from Ukraine following a disputed referendum and considers it secession as a result of irredentism A term often used in Russia to describe these events is re unification vossoedinenie to highlight the fact that Crimea was a part of the Russian Empire from 1783 to 1917 and part of the Russian SFSR from 1921 to 1954 Few states recognize this view Ukraine considers Crimea and Sevastopol its own territory and oversees the Crimea Platform an international diplomatic initiative to restore its sovereignty On 30 September 2022 during the Russian invasion of Ukraine the Russian Federation following referendums declared the annexation of territories in southern and eastern Ukraine As a result Russia claimed sovereignty over the territories of four Ukrainian oblasts Luhansk Donetsk Zaporizhzhia and Kherson and recognised as its federal subjects Donetsk People s Republic Luhansk People s Republic Kherson military civilian administration and Zaporizhzhia military civilian administration Subsequently withdrawn Edit Eritrea Edit In 1952 Ethiopian Emperor Haile Selassie orchestrated a federation with Eritrea He dissolved it in 1962 and annexed Eritrea resulting in the Eritrean War of Independence 43 Jordan Edit Main article Jordanian annexation of the West Bank The part of former Mandatory Palestine occupied by Jordan during the 1948 Arab Israeli War was renamed the West Bank It was annexed to Jordan in 1950 at the request of a Palestinian delegation 44 It had been questioned however how representative that delegation was and at the insistence of the Arab League Jordan was considered a trustee only 45 Only Pakistan and the United Kingdom recognized the annexation by Jordan 46 It was not condemned by the United Nations Security Council and it remained under Jordanian rule until 1967 when it was occupied by Israel Jordan did not officially relinquish its claim to rule the West Bank until 1988 47 Israel has not taken the step of annexing the territory except for parts of it that was made part of the Jerusalem Municipality rather there were enacted a complex and highly controversial system of military government decrees in effect applying Israeli law in many spheres to Israeli settlements East Timor Edit Main article Indonesian invasion of East Timor See also Indonesian occupation of East Timor Following an Indonesian invasion in 1975 East Timor Timor Leste was annexed by Indonesia and was known as Timor Timur It was regarded by Indonesia as the country s 27th province but this was never recognised by the United Nations The people of East Timor resisted Indonesian forces in a prolonged guerrilla campaign Following a referendum held in 1999 under a UN sponsored agreement between the two sides the people of East Timor rejected the offer of autonomy within Indonesia East Timor achieved independence in 2002 and is now officially known as Timor Leste Kuwait Edit Civilians and coalition military forces wave Kuwaiti and Saudi Arabian flags as they celebrate the reversal of the annexation of Kuwait by Iraq 28 February 1991 Main article Invasion of Kuwait After being allied with Iraq during the Iran Iraq War largely due to desiring Iraqi protection from Iran Kuwait was invaded and annexed by Iraq under Saddam Hussein in August 1990 Hussein s primary justifications included a charge that Kuwaiti territory was in fact an Iraqi province and that annexation was retaliation for economic warfare Kuwait had waged through slant drilling into Iraq s oil supplies The monarchy was deposed after annexation and an Iraqi governor installed United States president George H W Bush ultimately condemned Iraq s actions and moved to drive out Iraqi forces Authorized by United Nations Security Council resolutions an American led coalition of 34 nations fought the Gulf War to reinstate the Kuwaiti Emir Iraq s invasion and annexation was deemed illegal and Kuwait remains an independent nation today Subsequently legalized Edit Tibet Edit Main article Annexation of Tibet by the People s Republic of China See also Tibetan sovereignty debate Tibet and approximate line of communist advance in February 1950 The rule of the Qing dynasty over Tibet was established after a Qing expedition force defeated the Dzungar Khanate which had occupied Tibet in 1720 and lasted until the fall of the Qing dynasty in 1912 The Imperial Edict of the Abdication of the Qing Emperor issued in 1912 provided the legal basis for the Republic of China ROC to inherit all Qing territories including Tibet 48 49 50 However the ROC had no effective control over Tibet from 1912 to 1951 51 In the opinion of the Chinese government this condition does not represent Tibet s de jure independence as many other parts of China also enjoyed de facto independence when the Chinese state was torn by warlordism Japanese invasion and civil war 52 Tibet came under the control of the People s Republic of China PRC after attempts by the Government of Tibet to gain international recognition efforts to modernize its military negotiations between the Government of Tibet and the PRC and a military conflict in the Chamdo area of western Kham in October 1950 Some analysts consider the incorporation of Tibet into the PRC an annexation 53 54 55 If the actions of 1950 constituted an annexation it was subsequently legalized by the Seventeen Point Agreement by the Government of Tibet in October 1951 From 1959 onwards claims were made that this agreement was signed under pressure academics have debated this ever since but Tibet is recognized internationally as part of China 56 57 By India Edit Hyderabad Edit Main article Annexation of Hyderabad After the withdrawal of the British Empire from India each of the Princely States of India and Pakistan that had been protectorates of the British Empire were given the choice of either 1 opting to join India 2 opting to join Pakistan or 3 resume their former status as fully independent states While most of the princely states opted to join either Pakistan or India Hyderabad State elected instead to resume full independence Following the expiration of ultimatums from India the Indian military launched its Operation Polo on 13 September 1948 and invaded Hyderabad After conquering most of Hyderabad in five days of warfare the Nizam was forced to capitulate on 18 September 1948 and sign a treaty that saw Hyderabad annexed by India Goa Edit Main article Annexation of Goa Portuguese India in 1961 In 1954 the residents of Dadra and Nagar Haveli a Portuguese enclave within India ended Portuguese rule with the help of nationalist volunteers From 1954 to 1961 the territory enjoyed de facto independence In 1961 the territory was merged with India after its government signed an agreement with the Indian government In 1961 India and Portugal engaged in a brief military conflict over Portuguese controlled Goa and Daman and Diu India invaded and conquered the areas after 36 hours of fighting thus ending 451 years of Portuguese colonial rule in India The action was viewed in India as a liberation of historically Indian territory in Portugal however the loss of both enclaves was seen as a national tragedy A condemnation of the action by the United Nations Security Council was vetoed by the Soviet Union 58 Goa and Daman and Diu were incorporated into India Portugal recognized India s sovereignty over Goa in a treaty in December 1974 59 Sikkim Edit Main article Sikkim The strategic importance of Sikkim was realized in 1960s during the Sino Indian War Map in Polish During the British colonial rule in India Sikkim had an ambiguous status as an Indian princely state or as an Indian protectorate Prior to Indian independence Jawaharlal Nehru acting as the leader of Executive Council agreed that Sikkim would not be treated as an Indian state Between 1947 and 1950 Sikkim enjoyed de facto independence However Indian independence spurred popular political movements in Sikkim and the ruling Chogyal came under pressure He requested Indian help to quell the uprising which was offered Subsequently in 1950 India signed a treaty with Sikkim bringing it under its suzerainty and controlling its external affairs defence diplomacy and communications A state council was established in 1955 to allow for constitutional government under the Sikkimese monarch Meanwhile trouble was brewing in the state after the Sikkim National Congress demanded fresh elections and greater representation for the Nepalese In the 1967 Nathu La and Cho La clashes Chinese border attacks were repulsed In 1973 riots in front of the palace led to a formal request for protection from India The Chogyal was proving to be extremely unpopular with the people In 1975 the Kazi prime minister appealed to the Indian Parliament for a change in Sikkim s status so that it could become a state of India In April the Indian Army moved into Sikkim seizing the city of Gangtok and disarming the Palace Guards A referendum was held in which 97 5 of the voting people 59 of the people entitled to vote voted to join the Indian Union A few weeks later on May 16 1975 Sikkim officially became the 22nd state of the Indian Union and the monarchy was abolished 60 Western New Guinea Edit See also West New Guinea dispute Following a controversial plebiscite in 1969 Western New Guinea or West Papua was annexed by Indonesia 61 West Papua is the western half of the island of New Guinea and smaller islands to its west The separatist Free Papua Movement OPM has engaged in a small scale yet bloody conflict with the Indonesian military since the 1960s 62 Vietnam reunification Edit See also Reunification Day Communist Party of Vietnam billboard marking the 30th anniversary of the reunification of the country in 1975 North Vietnam de facto annexed South Vietnam following the military defeat of the South Vietnamese army in April 1975 63 The communist regime of the Socialist Republic of Vietnam had officially reunified the country Other Edit Queen Maud Land Edit Main article Queen Maud Land One example of a claimed annexation after World War II is the Kingdom of Norway s southward expansion of the dependent territory Queen Maud Land On most maps there had been an unclaimed area between Queen Maud Land s borders of 1939 and the South Pole until June 12 2015 when Norway formally claimed to have annexed that area 64 British annexation of Rockall Edit Main article Rockall Lieutenant Commander Desmond Scott hoists the Union Flag in 1955 On 18 September 1955 at precisely 10 16 am Rockall was declared officially annexed by the British Crown when Lieutenant Commander Desmond Scott RN Sergeant Brian Peel RM Corporal AA Fraser RM and James Fisher a civilian naturalist and former Royal Marine were deposited on the island by a Royal Navy helicopter from HMS Vidal coincidentally named after the man who first charted the island The team cemented in a brass plaque on Hall s Ledge and hoisted the Union Flag to stake the UK s claim 65 However any effect of this annexation on valuable maritime rights claims under UNCLOS in the waters beyond 12 nautical miles from Rockall are neither claimed by Britain nor recognised by Denmark for the Faroe Islands Iceland or Ireland citation needed See also EditIrredentism List of military occupations List of national border changes from 1815 to 1914 List of national border changes 1914 present Timeline of geopolitical changesReferences Edit Latin ad to and nexus joining a b c Rothwell et al 2014 p 360 Annexation is distinct from cession Instead of a State seeking to relinquish territory annexation occurs when the acquiring State asserts that it now holds the territory Annexation will usual follow a military occupation of a territory when the occupying power decides to cement its physical control by asserting legal title The annexation of territory is essentially the administrative action associated with conquest Mere conquest alone is not enough but rather the conquering State must assert it is now sovereign over the territory concerned For example the defeat of Germany and Japan in 1945 led to their occupation by the United States and allies for a number of years but the States themselves were not absorbed by the Allied Powers part of their respective territories Examples of annexation in contemporary practice are not common and are generally viewed as illegal a b Hofmann 2013 p i Annexation means the forcible acquisition of territory by one State at the expense of another State It is one of the principal modes of acquiring territory in contrast to acquisition a of terra nullius by means of effective occupation accompanied by the intent to appropriate the territory b by cession as a result of a treaty concluded between the States concerned Treaties or an act of adjudication both followed by the effective peaceful transfer of territory c by means of prescription defined as the legitimization of a doubtful title to territory by passage of time and presumed acquiescence of the former sovereign d by accretion constituting the physical process by which new land is formed close to or becomes attached to existing land Under present international law annexation no longer constitutes a legally admissible mode of acquisition of territory as it violates the prohibition of the threat or use of force Therefore annexations must not be recognized as legal a b One or more of the preceding sentences incorporates text from a publication now in the public domain Barclay Thomas 1911 Annexation In Chisholm Hugh ed Encyclopaedia Britannica Vol 2 11th ed Cambridge University Press p 73 Goertz Gary Diehl Paul F Balas Alexandru 2016 The Development of Territorial Norms and the Norm against Conquest The Puzzle of Peace Oxford University Press doi 10 1093 acprof oso 9780199301027 001 0001 ISBN 978 0 19 930102 7 Altman Dan 2020 The Evolution of Territorial Conquest After 1945 and the Limits of the Territorial Integrity Norm International Organization 74 3 490 522 doi 10 1017 S0020818320000119 ISSN 0020 8183 S2CID 226467742 Marcelo G Kohen 2017 Conquest In Frauke Lachenmann Rudiger Wolfrum eds The Law of Armed Conflict and the Use of Force The Max Planck Encyclopedia of Public International Law Oxford University Press p 289 ISBN 978 0 19 878462 3 Conquest and annexation are not synonymous either The latter term is used within and outside the context of armed conflicts to designate a unilateral decision adopted by a State in order to extend its sovereignty over a given territory In many cases the effective occupation of a terra nullius was followed by a declaration of annexation in order to incorporate the territory under the sovereignty of the acquiring State In the context of armed conflicts annexation is the case in which the victorious State unilaterally declares that it is henceforth sovereign over the territory having passed under its control as a result of hostilities This attempt at producing a transfer of sovereignty through the exclusive decision of the victor is not generally recognized as valid both in classical and in contemporary international law An example of a case of annexation preceding the adoption of the UN Charter is the annexation of Bosnia Herzegovina by the Austro Hungarian Empire in 1908 The annexation was not recognized by the major Powers and required a modification of the 1878 Treaty of Berlin which had simply granted Austria Hungary the right to administer the territory Another example is the annexation of Ethiopia by Italy in 1936 Examples of purported contemporary annexations are the Golan Heights annexed by Israel in 1980 and Kuwait by Iraq in 1990 both declared null and void by the Security Council or the incorporation of Crimea and the City of Sebastopol in the Russian Federation Kohen p 288 refers to clause 101 of the PERMANENT COURT OF INTERNATIONAL JUSTICE 1933 April 5th General List No 43 TWENTY SIXTH SESSION LEGAL STATUS OF EASTERN GREENLAND Conquest only operates as a cause of loss of sovereignty when there is war between two States and by reason of the defeat of one of them sovereignty over territory passes from the loser to the victorious State Annexation Encyclopaedia Britannica Encyclopaedia Britannica Online Retrieved 20 March 2014 Unlike cession whereby territory is given or sold through treaty annexation is a unilateral act made effective by actual possession and legitimized by general recognition Dajani Omar M 2017 Symposium on revisiting Israel s settlements Israel s creeping annexation AJIL Unbound McGeorge School of Law Scholarly Articles Cambridge University Press CUP 111 51 56 doi 10 1017 aju 2017 21 ISSN 2398 7723 S2CID 149297181 today s legal prohibition of conquest creates an incentive for states to obfuscate the reality of annexation that did not exist when such actions were lawful Excessive formalism accordingly seems misplaced when assessing whether a state has manifested an intention to hold a territory under its dominion with sufficient clarity to constitute an unlawful annexation Indeed state practice offers no shortage of examples in which the international community has looked past a state s formal characterization of its actions when evaluating their lawfulness for this purpose most recently in relation to Russia s annexation of Crimea Accordingly while a formal act of annexation is powerful evidence of intent the lack of one is by no means dispositive What other kinds of acts signal such an intention As noted above it may be signaled by a state s exercise for a prolonged time of the kinds of governmental functions typically reserved to a sovereign An occupant s refusal to accept the law of occupation s applicability would seem probative for drawing this conclusion as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign a b Korman S 1996 The Right of Conquest The Acquisition of Territory by Force in International Law and Practice Clarendon Press pp 253 254 also see note 11 ISBN 978 0 19 158380 3 Retrieved 2022 03 09 However in an era which has repudiated the right of conquest the term annexation is discreetly avoided by all states effecting acquisitions of territory by force Boris N Mamlyuk 6 July 2015 The Ukraine Crisis Cold War II and International Law The German Law Journal SSRN 2627417 a b c Jennings amp Kohen 2017 p 80 Hofmann 2013 p ii States are under a legal obligation to abide by the Stimson Doctrine and not to recognize as lawful territorial changes effected by means of annexation Moreover even the annexation of the entire territory of a State does not result in the automatic extinction of that State as a subject of international law notwithstanding that it no longer has the capacity to act as such since it cannot exercise sovereign and effective control over any territory Aust 2010 p 36 Jennings amp Kohen 2017 p 81 Carrie McDougall 2021 The Crime of Aggression under the Rome Statute of the International Criminal Court Cambridge University Press doi 10 1017 9781108769143 ISBN 978 1 108 73852 1 S2CID 241838777 Any of the following acts regardless of a declaration of war shall in accordance with United Nations General Assembly Resolution 3314 XXIX of 14 December 1974 qualify as an act of aggression a The invasion or attack by the armed forces of a State of the territory of another State or any military occupation however temporary resulting from such invasion or attack or any annexation by the use of force of the territory of another State or part thereof Wrange 2015 p 14 Lynk Michael 22 October 2018 Situation of human rights in the Palestinian territories occupied since 1967 Report United Nations p 7 Convention IV relative to the Protection of Civilian Persons in Time of War Geneva 12 August 1949 Commentary Art 47 Part III Status and treatment of protected persons Section III Occupied territories ICRC Retrieved 20 March 2014 it was obvious that they were in fact always subservient to the will of the Occupying Power Such practices were incompatible with the traditional concept of occupation as defined in Article 43 of the Hague Regulations of 1907 a b Convention IV relative to the Protection of Civilian Persons in Time of War Geneva 12 August 1949 Commentary on Part III Status and treatment of protected persons Section III Occupied territories Art 47 by the ICRC Sela Avraham Jerusalem The Continuum Political Encyclopedia of the Middle East Ed Avraham Sela New York Continuum 2002 pp 391 498 Frank Mitch Understanding the Holy Land Answering Questions about the Israeli Palestinian Conflict New York Viking 2005 p 74 A 35 508 S 14207 of 8 October 1980 Archived June 12 2012 at the Wayback Machine UNISPAL United Nations Information System on the Question of Palestine 8 October 1980 8 June 2008 UNSC Resolutions referred to in UNSC res 476 252 267 271 298 465 Archived from the original on 2015 02 24 Retrieved 2011 11 24 UNSC res 478 Archived from the original on January 5 2012 Lustick Ian S 16 January 1997 Has Israel Annexed East Jerusalem Middle East Policy Council Journal 5 1 34 45 doi 10 1111 j 1475 4967 1997 tb00247 x Jerusalem Embassy Act of 1995 Pub L 104 45 text PDF November 8 1995 109 Stat 398 Ahren Raphael staff T O I US confirms no more presidential waivers for Jerusalem Embassy Act www timesofisrael com Retrieved 2021 05 23 Aeyal Gross 6 April 2017 The Writing on the Wall Rethinking the International Law of Occupation Cambridge University Press p 122 ISBN 978 1 316 50932 6 The perceived separation of the OPT from Israel and the lack of de jure annexation allows the continued attitude toward the OPT as merely occupied to persist In reality however events familiar from the context of East Timor Western Sahara and Northern Cyprus such as settlements and the taking of land and of natural resources as detailed in the next chapter have occurred in this territory even without a formal annexation Orna Ben Naftali Michael Sfard Hedi Viterbo 10 May 2018 The ABC of the OPT A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory Cambridge University Press p 411 doi 10 1017 9781316661376 ISBN 978 1 107 15652 4 the ICJ concluded that the route of the Wall will prejudge the future frontier between Israel and Palestine and generates the fear that Israel may integrate the settlements and their means of access in a manner tantamount to de facto annexation a href Template Cite book html title Template Cite book cite book a CS1 maint uses authors parameter link UN report Israel s creeping annexation of territory is illegal Christian Science Monitor 31 January 2013 The United Nations first report on Israel s overall settlement policy describes it as a creeping annexation of territory Omar M Dajani 2017 Symposium on Revisiting Israel s Settlements Israel s Creeping Annexation PDF American Society of International Law Syria We still feel Syrian say Druze of Golan Heights 28 November 2012 a b UN Doc A 67 L 24 Archived from the original on 2012 12 02 Trump formally recognises Israeli sovereignty over Golan Heights Al Jazeera Retrieved March 25 2019 Trump recognizes Golan Heights as Israeli boosting Netanyahu and angering Syria Reuters March 25 2019 Retrieved March 25 2019 U N chief clear that Golan status has not changed spokesman Reuters March 25 2019 via www reuters com Trump s Golan proclamation gathers international condemnation DW March 26 2019 Retrieved April 22 2020 Putin signs laws on reunification of Republic of Crimea and Sevastopol with Russia ITAR TASS 21 March 2014 Retrieved March 21 2014 Pechonchyk Tetiana 2017 12 19 New UN resolution on Crimea confirms Russia is an occupying power brings 10 important changes for Ukraine Euromaidan Press Archived from the original on 2017 12 22 Retrieved 2022 01 02 Fb Or on 2018 12 24 New UNGA resolution Crimea temporarily occupied by Russia Russia must release political prisoners amp stop repressions Euromaidan Press Retrieved 2022 01 02 Eritrea profile Timeline BBC News 15 November 2018 1 Archived October 2 2011 at the Wayback Machine Sessions of the Arab League 1945 1994 www jewishvirtuallibrary org Marshall J Berger Ora Ahimeir 2002 Jerusalem a city and its future Syracuse University Press pp 145 ISBN 978 0 8156 2912 2 Romano Amy 2003 A Historical Atlas of Jordan The Rosen Publishing Group p 51 ISBN 978 0 8239 3980 0 Esherick Joseph Kayali Hasan Van Young Eric 2006 Empire to Nation Historical Perspectives on the Making of the Modern World p 245 ISBN 9780742578159 Zhai Zhiyong 2017 憲法何以中國 p 190 ISBN 9789629373214 Gao Quanxi 2016 政治憲法與未來憲制 p 273 ISBN 9789629372910 Freeman Lesley 2013 Running From Tenda Gyamar A Voluteer s Story of Life with the Refugee Children of Tibet Winchester UK Mantra Books p 5 ISBN 978 1 78099 853 4 With the collapse of the Chinese Empire in 1911 Tibet Declared its independence Grunfeld 1996 p256 Carlson Allen June 2 2020 What s in store for Hong Kong Look at Tibet The Washington Post Matthew Wills 23 May 2016 Tibet and China 65 Years Later Tibet was annexed by the Chinese 65 years ago The struggle for Tibetan independence has continued ever since JSTOR Daily Archived from the original on 1 July 2019 Tibet Through Chinese Eyes The Atlantic 1999 archived from the original on 19 May 2017 In Western opinion the Tibet question is settled Tibet should not be part of China before being forcibly annexed in 1951 it was an independent country Anne Marie Blondeau Katia Buffetrille 2008 Authenticating Tibet Answers to China s 100 Questions University of California Press p 61 ISBN 978 0 520 24464 1 Archived from the original on 23 June 2016 It was evident that the Chinese were not prepared to accept any compromises and that the Tibetans were compelled under the threat of immediate armed invasion to sign the Chinese proposal Tsepon Wangchuk Deden Shakabpa October 2009 One Hundred Thousand Moons An Advanced Political History of Tibet BRILL pp 953 955 ISBN 978 90 04 17732 1 The United Nations Security Council S 5033 www un org Retrieved 17 July 2017 India Portugal Relations Indian ministry of External Affairs Sep 2010 2 Did India have a right to annex Sikkim in 1975 India Today February 18 2015 How the UN Failed West Papua The Diplomat 19 September 2016 Report claims secret genocide in Indonesia University of Sydney Archived from the original on 2011 06 15 Retrieved 2018 09 16 The Timeline of the Political History of Vietnam San Jose State University Rapp Ole Magnus Norge utvider Dronning Maud Land helt frem til Sydpolen Aftenposten Aftenposten no Retrieved 2016 08 08 BBC staff On this day 21 September 1955 Britain claims Rockall BBC Retrieved 15 August 2018 Notes Edit Scholars have debated the existence of a norm against conquest since 1945 but states have continued to pursue annexation of small swaths of territory 5 6 It is generally held that countries are under obligation to abide by the Stimson Doctrine that a state cannot admit the legality of any situation de facto nor recognize any treaty or agreement entered into between those Governments not recognize any situation treaty or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris of August 27 1928 14 GCIV Article 47 in the first paragraph in Section III Occupied territories restricted the effects of annexation on the rights of persons within those territories Protected persons who are in occupied territory shall not be deprived in any case or in any manner whatsoever of the benefits of the present Convention by any change introduced as the result of the occupation of a territory into the institutions or government of the said territory nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power nor by any annexation by the latter of the whole or part of the occupied territory Further reading Edit Look up annexation in Wiktionary the free dictionary Aust Anthony 2010 Handbook of International Law Cambridge University Press ISBN 978 1 139 48578 4 Hofmann Rainer 2013 Annexation Max Planck Encyclopedia of Public International Law Oxford University Press Adam Roberts Transformative military occupation applying the laws of war and human rights 100 The American Journal of International Law vol 100 pp 580 622 2006 Daniel Hogger 2015 The Recognition of States LIT Verlag Munster ISBN 978 3 643 80196 8 Tanisha M Fazal 30 October 2011 State Death The Politics and Geography of Conquest Occupation and Annexation Princeton University Press ISBN 978 1 4008 4144 8 Jennings R Y Kohen Marcelo 1 April 2017 The acquisition of territory in international Law with a New Introduction by Marcelo G Kohen Manchester University Press ISBN 978 1 5261 1718 2 Rothwell Donald Kaye Stuart Akhtarkhavari Afshin Davis Ruth 2014 6 6 Cession and Annexation International Law Cases and Materials with Australian Perspectives Cambridge University Press ISBN 978 1 107 69119 3 Wrange Pal 2015 Occupation annexation of a territory Respect for international humanitarian law and human rights and consistent EU policy PDF Report European parliament doi 10 2861 80851 ISBN 978 92 823 7550 1 Retrieved from https en wikipedia org w index php title Annexation amp oldid 1134365666, wikipedia, wiki, book, books, library,

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