The right of conquest was historically a

right Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

of ownership to land after immediate possession via

force In physics, a force is an influence that can cause an Physical object, object to change its velocity unless counterbalanced by other forces. In mechanics, force makes ideas like 'pushing' or 'pulling' mathematically precise. Because the Magnitu ...

of arms. It was recognized as a principle of

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

that gradually deteriorated in significance until its proscription in the aftermath of

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

following the concept of crimes against peace introduced in the Nuremberg Principles. The interdiction of territorial conquests was confirmed and broadened by the UN Charter, which provides in article 2, paragraph 4, that "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 The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

." Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of

collective defense Collective security is treaty, arrangement between states in which the institution accepts that an attack on one state is the concern of all and merits a collective response to threats by all. Collective security was a key principle underpinning ...

History and arguments

Proponents state that the right of conquest acknowledges the

status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, economic, legal, environmental, political, religious, scientific or military issues. In the sociological sense, the ''status quo'' refers to the curren ...

, and that denial of the right is meaningless unless one is able and willing to use military force to deny it. Further, the right was traditionally accepted because the conquering force, being by definition stronger than any lawfully entitled governance which it may have replaced, was, therefore, more likely to secure peace and stability for the people, and so the right of conquest legitimizes the conqueror towards that end. The completion of colonial conquest of much of the world (see the

Scramble for Africa The Scramble for Africa was the invasion, conquest, and colonialism, colonisation of most of Africa by seven Western European powers driven by the Second Industrial Revolution during the late 19th century and early 20th century in the era of ...

), the devastation of

World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

and

, and the alignment of both the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

and the

Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...

with the principle of

self-determination Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...

led to the abandonment of the right of conquest in formal international law. The 1928

Kellogg–Briand Pact The Kellogg–Briand Pact or Pact of Paris – officially the General Treaty for Renunciation of War as an Instrument of National Policy – is a 1928 international agreement on peace in which signatory states promised not to use war t ...

, the post-1945

Nuremberg Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...

and Tokyo Trials, the UN Charter, and the UN role in

decolonization Decolonization is the undoing of colonialism, the latter being the process whereby Imperialism, imperial nations establish and dominate foreign territories, often overseas. The meanings and applications of the term are disputed. Some scholar ...

saw the progressive dismantling of this principle. The UN Charter's guarantees the " territorial integrity" of member states, but enforcement difficulties in the 21st century lead to a contentious debate on possible re-emergence of the right of conquest as

Conquest and military occupation

Until 1945, the disposition of territory acquired under the principle of conquest had to be conducted according to the existing

laws of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...

. This meant that there had to be

military occupation Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling pow ...

followed by a peace settlement, and there was no reasonable chance of the defeated sovereign regaining the land. While a formal

peace treaty A peace treaty is an treaty, agreement between two or more hostile parties, usually country, countries or governments, which formally ends a declaration of war, state of war between the parties. It is different from an armistice, which is an ag ...

"makes good any defects in title", it was not required. Recognition by the losing party was not a requirement: "the right of acquisition vested by conquest did not depend on the consent of the dispossessed state". However, the alternative was

annexation Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held t ...

(part or in whole) which if protested as unlawful, a peace treaty was the only means to legitimize conquest in a time of war. Essentially, conquest itself was a legal act of extinguishing the legal rights of other states without their consent. Under this framework, it is notable that conquest and subsequent occupation outside of war were illegal. In the post-World War II era, not all wars involving territorial acquisitions ended in a

. For example, the fighting in the

Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...

paused with an

armistice An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from t ...

, without any peace treaty covering it. As of 2025, North Korea is still technically at war with South Korea and the United States.

References

Works cited

* {{DEFAULTSORT:Right Of Conquest Law of war legal terminology Property law Political theories Political terminology International law Sovereignty Property law legal terminology International law legal terminology

History and arguments

Conquest and military occupation

See also

References

Works cited