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 to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, 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.

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.

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. '[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.

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", making it much more difficult for a state to bypass international law through the use of annexation.

During the 1967 Six-Day War, Israel captured East Jerusalem, a part of the West Bank, from Jordan. While Jordan had annexed the West Bank in 1950, it was considered an illegal occupation and Jordan was recognized as the legal sovereign by the United Kingdom and possibly Pakistan. On 31 July 1988, Jordan relinquished this claim. It has remained occupied until the present day. On 27 June 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.