HOME
The Info List - Annexation





Annexation
Annexation
( Latin
Latin
ad, to, and nexus, joining) is the administrative action[1] and concept in international law relating to the forcible transition of one state's territory by another state.[2] It is generally held to be an illegal act.[2] It is distinct from conquest, which refers to the acquisition of control over a territory involving a change of sovereignty.[3][4] It usually follows military occupation of a territory.[1] Annexation
Annexation
differs from cession, because unlike cession where territory is given or sold through treaty, annexation is a unilateral act where territory is seized and held by one state.[5] Annexation
Annexation
can be legitimized via general recognition by international bodies (i.e. other countries and intergovernmental organisations).[5][6][1]

Contents

1 Evolution of international law

1.1 Acquisition of title 1.2 Protection of civilians

2 Examples since 1949

2.1 Portuguese India 2.2 Sikkim 2.3 Rockall 2.4 East Timor 2.5 Western Sahara 2.6 West Bank 2.7 East Jerusalem 2.8 Golan Heights 2.9 Kuwait 2.10 Crimea 2.11 Antarctica

3 Gallery of maps 4 See also 5 References 6 Further reading

Evolution of international law[edit] Acquisition of title[edit] International law
International law
regarding the use of force by states has evolved significantly in the 20th century.[7] Key agreements include the 1907 Porter Convention, the 1920 Covenant of the League of Nations
Covenant of the League of Nations
and the 1928 Kellogg–Briand Pact,[7] culminating in Article 2(4) of Chapter I of the United Nations
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".[7] 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.[8] It is generally held that countries are under obligation to abide by the Stimson Doctrine
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".[9] These principles were reconfirmed by the 1970 Friendly Relations Declaration.[10] Protection of civilians[edit] During World War II, the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations. The Fourth Geneva Convention
Fourth Geneva Convention
(GCIV) of 1949 amplified the Hague Conventions of 1899 and 1907 with respect to the question of the protection of civilians.[11] The authors of the Fourth Geneva Convention
Fourth Geneva Convention
made a point of giving the rules regarding inviolability of rights "an absolute character",[12] thus making it much more difficult for a state to bypass international law through the use of annexation.[12] 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.

Examples since 1949[edit] Portuguese India[edit] Main article: Annexation
Annexation
of Portuguese India

Portuguese India
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
India
after its government signed an agreement with the Indian government. In 1961, India
India
and Portugal
Portugal
engaged in a brief military conflict over Portuguese-controlled Goa
Goa
and Daman and Diu. India
India
invaded and conquered the areas after 36 hours of fighting, ending 451 years of Portuguese colonial rule in India. The action was viewed in India
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
United Nations
Security Council (UNSC) was vetoed by the Soviet Union.[13] Goa
Goa
and Daman and Diu
Daman and Diu
were incorporated into India. Sikkim[edit] Main article: Sikkim During the British colonial rule in India, Sikkim
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
Sikkim
would not be treated as an Indian state. Between 1947 and 1950, Sikkim
Sikkim
enjoyed de facto independence. However, the Indian independence spurred popular political movements in Sikkim
Sikkim
and the ruler Chogyal
Chogyal
came under pressure. He requested Indian help to quell the uprising, which was offered. Subsequently, in 1950, India
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
Sikkim
National Congress demanded fresh elections and greater representation for the Nepalese. In 1967 India
India
and China went to war in Sikkim, Cho La incident
Cho La incident
where a Chinese occupation was attempted and repulsed. In 1973, riots in front of the palace led to a formal request for protection from India. The Chogyal
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
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
Sikkim
officially became the 22nd state of the Indian Union and the monarchy was abolished. Rockall[edit]

Lieutenant Commander Desmond Scott hoists the Union Flag
Union Flag
in 1955

On 18 September 1955 at precisely 10:16 am, in what would be the final territorial expansion of the British Empire, Rockall
Rockall
was declared officially annexed by the British Crown when Lieutenant-Commander Desmond Scott RN, Sergeant
Sergeant
Brian Peel RM, Corporal
Corporal
AA Fraser RM, and James Fisher (a civilian naturalist and former Royal Marine), were deposited on the island by a Royal Navy
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.[14] However, any effect of this annexation on valuable maritime rights claims under UNCLOS
UNCLOS
in the waters beyond 12 nautical miles from Rockall
Rockall
are neither claimed by Britain nor recognised by Denmark (for the Faroe Islands), Ireland or Iceland. East Timor[edit] Main articles: Indonesian invasion of East Timor
Indonesian invasion of East Timor
and Indonesian occupation of East Timor Following an Indonesian invasion in 1975, East Timor
East Timor
was annexed by Indonesia
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
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
East Timor
rejected the offer of autonomy within Indonesia. East Timor
East Timor
achieved independence in 2002 and is now officially known as Timor-Leste. Western Sahara[edit] Main article: Political status of Western Sahara

Morocco
Morocco
officially annexed Western Sahara
Western Sahara
in 1976

In 1975, and following the Madrid Accords
Madrid Accords
between Morocco, Mauritania and Spain, the latter withdrew from the territory and ceded the administration to Morocco
Morocco
and Mauritania. This was challenged by an independentist movement, the Polisario Front
Polisario Front
that waged a guerrilla war against both Morocco
Morocco
and Mauritania. In 1979, and after a military putsch, Mauritania
Mauritania
withdrew from the territory that left it controlled by Morocco. A United Nations
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
Morocco
and the Polisario front to reach a solution to the conflict. The Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic
is a partially recognized state that has claimed the entire region since 1975. West Bank[edit] Main article: Jordanian annexation of the West Bank The part of former Mandatory Palestine
Mandatory Palestine
occupied by Jordan
Jordan
during the 1948 Arab–Israeli War, which some Jews call "Judea and Samaria", was renamed "the West Bank". It was annexed to Jordan
Jordan
in 1950 at the request of a Palestinian delegation.[15] It had been questioned, however, how representative that delegation was, and at the insistence of the Arab League, Jordan
Jordan
was considered a trustee only.[16] Only the United Kingdom
United Kingdom
and Pakistan
Pakistan
recognized the annexation by Jordan.[17] It was not condemned by the UNSC and it remained under Jordanian rule until 1967 when it was occupied by Israel. Jordan
Jordan
did not officially relinquish its claim to rule the West Bank
West Bank
until 1988.[18] Israel
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 Jerusalem[edit] Main article: Jerusalem Law During the 1967 Six-Day War, Israel
Israel
occupied East Jerusalem, a part of the West Bank, from Jordan. On June 27, 1967, Israel
Israel
unilaterally extended its law and jurisdiction to East Jerusalem
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
United Nations
that its measures constituted administrative and municipal integration rather than annexation, later rulings by the Israeli Supreme Court indicated that East Jerusalem
East Jerusalem
had become part of Israel. In 1980, Israel
Israel
passed the Jerusalem Law
Jerusalem Law
as part of its Basic Law, which declared Jerusalem the "complete and united" capital of Israel. In other words, Israel
Israel
purported to annex East Jerusalem.[19][20][21] The annexation was declared null and void by UNSC Resolutions 252, 267, 271, 298, 465, 476[22] and 478.[23]

Israel
Israel
and the territories Israel
Israel
occupied in the Six-Day War.

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 (1948). Only Costa Rica recognized Israel's annexation of East Jerusalem, and those countries who maintained embassies in Israel
Israel
did not move them to Jerusalem.[24] The United States Congress has passed the Jerusalem Embassy Act, which recognizes Jerusalem as the united capital of Israel
Israel
and requires the relocation of the U.S. embassy there, but the bill has been waived by presidents Clinton, Bush, and Obama on national security grounds. Golan Heights[edit] Main article: Golan Heights
Golan Heights
Law Israel
Israel
occupied two-thirds of the Golan Heights
Golan Heights
from Syria
Syria
during the 1967 Six-Day War, and subsequently built Jewish settlements in the area. In 1981, Israel
Israel
passed the Golan Heights
Golan Heights
Law, which extended Israeli "law, jurisdiction, and administration" to the area, including the Shebaa farms
Shebaa farms
area. This declaration was declared "null and void and without international legal effect" by UNSC Resolution 497. The only state that recognized the annexation is the Federated States of Micronesia. The vast majority of Syrian Druze in Majdal Shams, the largest Syrian village in the Golan, have held onto their Syrian passports. When Israel
Israel
annexed the Golan Heights
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.[25] On 29 November 2012, the United Nations
United Nations
General Assembly reaffirmed it was "[d]eeply concerned that Israel
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
Israeli settlement
construction and other activities in the occupied Syrian Golan since 1967."[26] 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.[26] Kuwait[edit] Main article: Invasion of Kuwait After being allied with Iraq
Iraq
during the Iran– Iraq
Iraq
War (largely due to desiring Iraqi protection from Iran), Kuwait
Kuwait
was invaded and annexed by Iraq
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
Kuwait
had waged through slant drilling into Iraq's oil supplies. The monarchy was deposed after annexation, and an Iraqi governor installed. United States
United States
president George H. W. Bush
George H. W. Bush
ultimately condemned Iraq's actions, and moved to drive out Iraqi forces. Authorized by the UNSC, an American-led coalition of 34 nations fought the Gulf War
Gulf War
to reinstate the Kuwaiti Emir. Iraq's invasion (and annexation) was deemed illegal and Kuwait
Kuwait
remains an independent nation today. Crimea[edit] Main article: Annexation
Annexation
of Crimea
Crimea
by the Russian Federation In March 2014, Russia
Russia
annexed most of the Crimean Peninsula, at that time part of Ukraine, and administers the territory as two federal subjects — the Republic of Crimea
Crimea
and the federal city of Sevastopol.[27] Russia
Russia
rejects the view that this was an annexation and regard it as an accession to the Russian Federation of a state that had just declared independence from Ukraine
Ukraine
following a referendum, and considers secession as a result of irredentism. A term often used in Russia
Russia
to describe these events is "re-unification" (воссоединение) to highlight the fact that Crimea
Crimea
was part of Russian Empire
Russian Empire
and later Russian SSR. Antarctica[edit] Main article: Queen Maud Land One example of a claimed annexation after World War II
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
South Pole
until June 12, 2015 when Norway formally claimed to have annexed that area.[28] The Antarctic Treaty, however, states: "The treaty does not recognize, dispute, nor establish territorial sovereignty claims; no new claims shall be asserted while the treaty is in force".[citation needed] Gallery of maps[edit]

Annexation of Portuguese India
Annexation of Portuguese India
by India
India
in 1961

Western New Guinea
Western New Guinea
was formally annexed by Indonesia
Indonesia
in 1969

Indonesia
Indonesia
annexed East Timor
East Timor
in 1976

Morocco
Morocco
officially annexed Western Sahara
Western Sahara
in 1976

Israel
Israel
annexed East Jerusalem
East Jerusalem
in 1980 (see Jerusalem Law) and the Golan Heights
Golan Heights
in 1981

Crimea
Crimea
was annexed by Russia
Russia
in 2014

See also[edit]

Municipal Annexation Irredentism List of military occupations List of national border changes since World War I Texas annexation

References[edit]

^ a b c Rothwell et al. 2014, p. 360: " Annexation
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
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 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
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." ^ Marcelo G Kohen (2017). "Conquest". In Frauke Lachenmann; Rüdiger Wolfrum. 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 extent 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
Golan Heights
annexed by Israel
Israel
in 1980 and Kuwait by Iraq
Iraq
in 1990, both declared null and void by the Security Council, or the incorporation of Crimea
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." ^ 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. Encyclopædia Britannica. 2 (11th ed.). Cambridge University Press. p. 73.  ^ "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.  ^ a b c Jennings & Kohen 2017, p. 80. ^ Jennings & Kohen 2017, p. 81. ^ Hofmann 2013, p. ii: "...States are under a legal obligation to abide by the Stimson Doctrine
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. ^ "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 ^ "The United Nations
United Nations
Security Council S/5033". www.un.org. Retrieved 17 July 2017.  ^ BBC staff. "On this day: 21 September 1955: Britain claims Rockall". BBC. Retrieved March 2012.  Check date values in: access-date= (help) ^ [1] Archived October 2, 2011, at the Wayback Machine. ^ Arab League
Arab League
Session: 12-II Date: May 1950 ^ Marshall J. Berger, Ora Ahimeir (2002). Jerusalem: a city and its future. https://books.google.com/books?id=FGOY5oDGGLUC&pg=PA145: Syracuse University Press. p. 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.  ^ 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
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 ^ UNSC res 478 Archived 2012-01-05 at the Wayback Machine. ^ Lustick, Ian S. (16 January 1997). "Has Israel
Israel
Annexed East Jerusalem?". Middle East Policy Council Journal. 5 (1). doi:10.1111/j.1475-4967.1997.tb00247.x.  ^ "Syria: 'We still feel Syrian,' say Druze of Golan Heights".  ^ a b "UN Doc A/67/L.24". Archived from the original on 2012-12-02.  ^ "Putin signs laws on reunification of Republic of Crimea
Crimea
and Sevastopol
Sevastopol
with Russia". ITAR TASS. 21 March 2014. Retrieved March 21, 2014.  ^ Rapp, Ole Magnus. "Norge utvider Dronning Maud Land helt frem til Sydpolen - Aftenposten". Aftenposten.no. Retrieved 2016-08-08. 

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". 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 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 1-4008-4144-5.  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 978-1-107-69

.