annexation

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

Annexation can be legitimized if generally recognized by other states and international bodies.: "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."

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

Evolution of international law

Illegality

International law regarding the use of force by states evolved significantly in the 20th century. Key agreements include the 1907 Porter Convention, the 1920 Covenant of the League of Nations and the 1928 Kellogg–Briand Pact, 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".

These principles were reconfirmed by the 1970 Friendly Relations Declaration. 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. ' nexation 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.

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". In a report to the United Nations General Assembly, Michael Lynk contrasted de jure annexation as a formal declaration by a state that it is claiming permanent sovereignty over territory and de facto annexation without the formal declaration as a descriptive term for a state establishing facts on the ground as the prelude to a future claim of sovereignty.

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, and the rules regarding inviolability of rights have "an absolute character",Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 194
Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47
by the ICRC making it much more difficult for a state to bypass international law through the use of annexation.

Annexations since the foundation of the United Nations

Unresolved

By Israel

= East Jerusalem

=

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. The annexation was declared null and void by United Nations Security Council (UNSC) resolutions 252, 267, 271, 298, 465, 476 and 478.

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.
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, 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.

=West Bank excluding East Jerusalem

=

Law professor Omar M. Dajani and others discuss de facto annexation (also referred to as "creeping annexation"). 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.

= Golan Heights

=

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.

On 29 November 2012, the United Nations General Assembly reaffirmed it was " eply 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 " ress dthe illegality of the Israeli settlement construction and other activities in the occupied Syrian Golan since 1967." 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.

On March 25, 2019, the United States recognized the Golan Heights as sovereign Israeli territory.
In response, United Nations Secretary-General António Guterres stated "the status of Golan has not changed," 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."

Western Sahara

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

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. The UN General Assembly considers the Russian possession of Crimea and Sevastopol to be an "attempted annexation" and the Russian Federation an "occupying power".

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.

Jordan

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.
It had been questioned, however, how representative that delegation was, and at the insistence of the Arab League, Jordan was considered a trustee only. Only Pakistan and the United Kingdom recognized the annexation by Jordan. 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. 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

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

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

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. However, the ROC had no effective control over Tibet from 1912 to 1951; 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.

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.

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.

By India

=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

=

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. Goa and Daman and Diu were incorporated into India.

Portugal recognized India's sovereignty over Goa in a treaty in December 1974.India-Portugal Relations, Indian ministry of External Affairs, Sep 201

/ref>

=Sikkim

=

During the British Indian Empire, 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.

Western New Guinea

Following a controversial plebiscite in 1969, Western New Guinea or West Papua was annexed by Indonesia. 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.

Vietnam reunification

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

Other

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.

British annexation of Rockall

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 (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. 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.

See also

*Irredentism
*List of military occupations
*List of national border changes from 1815 to 1914
* List of national border changes (1914–present)
* Timeline of geopolitical changes

References

Notes

Further reading

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* 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)
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{{Authority control

International law
Political geography
Sovereignty
Latin words and phrases
Aggression in international law