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Annexation
View on WikipediaAnnexation,[1] 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.[2] In current international law, it is generally held to be an illegal act.[3] Annexation is a unilateral act where territory is seized and held by one state,[4] as distinct from the complete conquest of another country,[a][7][8] 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.[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
[edit]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 founding of the United Nations
[edit]Unresolved
[edit]Israeli annexations
[edit]
East Jerusalem
[edit]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.[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]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]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 2019, 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 25 March 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]
Moroccan annexation of Western Sahara
[edit]
The annexation of Western Sahara occurred in two stages: 1976 and 1979.
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. On 14 April 1976, the two countries annexed it between themselves via the Western Sahara partition agreement. This was challenged by an independentist movement, the Polisario Front that waged a guerrilla war against both Mauritania and Morocco. On 14 August 1979, after a military putsch, Mauritania renounced all territorial claims to Western Sahara and withdrew its troops. This prompted Morocco to extend its annexation to formerly Mauritanian-controlled areas.
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 1976.
Russian annexations
[edit]
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 five Ukrainian oblasts – Luhansk, Donetsk, Zaporizhzhia, Kherson and Mykolaiv – and recognised as its federal subjects Donetsk People's Republic, Luhansk People's Republic, Zaporizhzhia and Kherson Oblasts.
Subsequently withdrawn
[edit]Ethiopian annexation of 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]
Mauritanian annexation of the southern third of Western Sahara
[edit]In 1979, Mauritania abandoned its claim to the southern third of Western Sahara, disestablishing the short-lived province of Western Tiris.
Jordanian annexation of the West Bank
[edit]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 the part 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.
South African de facto annexation of South West Africa
[edit]From 1961 to 1990, the Union of South Africa gradually incorporated the territory of South West Africa as its fifth province, extending full citizenship and voting rights to the local white minority and later extending partial voting rights to the territory's mixed-race population, as well.
Indonesian annexation of East Timor
[edit]
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.
Iraqi annexation of Kuwait
[edit]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]Chinese annexation of Tibet
[edit]
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. Many 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]
Indian annexations
[edit]Hyderabad
[edit]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 signed a treaty on 18 September 1948 that saw Hyderabad annexed by India.
Goa, Daman and Diu
[edit]
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]
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 16 May 1975, Sikkim officially became the 22nd state of the Indian Union and the monarchy was abolished.[60]
Indonesian annexation of Western New Guinea
[edit]
Western New Guinea officially became part of Indonesia through the Act of Free Choice in 1969, supervised by the UN. Based on the New York Agreement (1962) between Indonesia and the Netherlands, the UN held the Act of Free Choice to determine whether Western New Guinea would join Indonesia or not. Through a deliberation of representatives, the majority voted to join, and this result was accepted by the UN General Assembly in a session in November 1969. This decision was implicitly considered to recognize Western New Guinea as part of Indonesia, because the General Assembly did not reject the report of the UN Secretary General regarding the implementation of Act of Free Choice.[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]
North Vietnamese annexation of South Vietnam
[edit]
North Vietnam de facto annexed South Vietnam following the military defeat and effective dissolution of its government system and military on 30 April 1975.[63] Vietnam was officially reunited one year later as the merger of the Provisional Revolutionary Government of the Republic of South Vietnam and North Vietnam.
Other
[edit]Queen Maud Land
[edit]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 12 June 2015, when Norway formally claimed to have annexed that area.[64]
British annexation of Rockall
[edit]
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 is neither claimed by Britain nor recognised by Denmark (for the Faroe Islands), Iceland or Ireland.[citation needed]
See also
[edit]References
[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.). Encyclopædia 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. Archived from the original on 3 March 2022. Retrieved 4 March 2022.
- ^ 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.
- ^ 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". 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.
- ^ Dajani, Omar M. (2017). "Symposium on revisiting Israel's settlements: Israel's creeping annexation". AJIL Unbound. 111. Cambridge University Press: 51–56. doi:10.1017/aju.2017.21. ISSN 2398-7723. S2CID 149297181. Archived from the original on 25 January 2022. Retrieved 9 March 2022.
…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 9 March 2022.
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 & 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 & 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. Archived from the original on 17 April 2016. 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 Archived 2016-04-17 at the Wayback Machine 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 24 February 2015. Retrieved 24 November 2011.
- ^ "UNSC res 478". Archived from the original on 5 January 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. (8 May 2019). "US confirms no more presidential waivers for Jerusalem Embassy Act". The Times of Israel. ISSN 0040-7909. Archived from the original on 23 May 2021. Retrieved 23 May 2021.
- ^ Aeyal Gross (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 (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"
- ^ "UN report: Israel's "creeping annexation" of territory is illegal". Christian Science Monitor. 31 January 2013. Archived from the original on 7 March 2022. Retrieved 7 March 2022.
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. Archived (PDF) from the original on 7 October 2022. Retrieved 7 March 2022.
- ^ "Syria: 'We still feel Syrian,' say Druze of Golan Heights". ansamed.info. 28 November 2012. Archived from the original on 28 November 2022. Retrieved 7 December 2012.
- ^ a b "UN Doc A/67/L.24". Archived from the original on 2 December 2012.
- ^ "Trump formally recognises Israeli sovereignty over Golan Heights". Al Jazeera. 25 March 2019. Archived from the original on 25 March 2019. Retrieved 25 March 2019.
- ^ Holland, Steve; Mason, Jeff (25 March 2019). "Trump recognizes Golan Heights as Israeli, boosting Netanyahu and angering Syria". Reuters. Archived from the original on 25 March 2019. Retrieved 25 March 2019.
- ^ Nichols, Michelle (25 March 2019). Oatis, Jonathan (ed.). "U.N. chief clear that Golan status has not changed: spokesman". Reuters. Archived from the original on 26 March 2019. Retrieved 23 April 2020.
- ^ "Trump's Golan proclamation gathers international condemnation". DW. 26 March 2019. Archived from the original on 11 November 2020. Retrieved 22 April 2020.
- ^ "Putin signs laws on reunification of Republic of Crimea and Sevastopol with Russia". ITAR TASS. 21 March 2014. Archived from the original on 1 December 2014. Retrieved 21 March 2014.
- ^ Pechonchyk, Tetiana (19 December 2017). "New UN resolution on Crimea confirms Russia is an occupying power, brings 10 important changes for Ukraine". Euromaidan Press. Archived from the original on 22 December 2017. Retrieved 2 January 2022.
- ^ Fb, Or on (24 December 2018). "New UNGA resolution: Crimea temporarily occupied by Russia, Russia must release political prisoners & stop repressions". Euromaidan Press. Archived from the original on 2 January 2022. Retrieved 2 January 2022.
- ^ "Eritrea profile – Timeline". BBC News. 15 November 2018. Archived from the original on 28 April 2019. Retrieved 12 June 2019.
- ^ [1] Archived October 2, 2011, at the Wayback Machine
- ^ "Sessions of the Arab League (1945–1994)". www.jewishvirtuallibrary.org. Archived from the original on 5 October 2022. Retrieved 5 October 2022.
- ^ 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. Rowman & Littlefield Publishers. p. 245. ISBN 978-0-7425-7815-9.
- ^ Zhai, Zhiyong (2017). 憲法何以中國. City University of HK Press. p. 190. ISBN 978-962-937-321-4.
- ^ Gao, Quanxi (2016). 政治憲法與未來憲制. City University of HK Press. p. 273. ISBN 978-962-937-291-0.
- ^ Freeman, Lesley (2013). Running From Tenda Gyamar: A Volunteer'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 (2 June 2020). "What's in store for Hong Kong? Look at Tibet". The Washington Post. Archived from the original on 29 June 2020. Retrieved 27 June 2020.
- ^ 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 (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. Archived from the original on 28 February 2019. Retrieved 17 July 2017.
- ^ India–Portugal Relations, Indian ministry of External Affairs, Sep 2010 [2] Archived 2018-04-27 at the Wayback Machine
- ^ "Did India have a right to annex Sikkim in 1975?". India Today. 18 February 2015. Archived from the original on 28 February 2019. Retrieved 7 October 2018.
- ^ Musgrave, Thomas D. (2015), Chinkin, Christine; Baetens, Freya (eds.), "An analysis of the 1969 Act of Free Choice in West Papua", Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford, Cambridge: Cambridge University Press, pp. 209–228, ISBN 978-1-107-04425-8, retrieved 25 October 2024
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Notes
[edit]- ^ Scholars have debated the existence of a norm against conquest since 1945 but states have continued to pursue annexation of smaller 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]- 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", 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 (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 (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.
Annexation
View on GrokipediaDefinition and Conceptual Foundations
Core Definition and Modes of Acquisition
Annexation constitutes the unilateral or bilateral assertion of sovereignty by one state over territory previously belonging to another state or lacking clear sovereign control, with the explicit aim of permanent legal, administrative, and often social integration into the annexing state's domain. Unlike mere occupation, which involves temporary control without transfer of title—typically for military or administrative purposes during conflict—annexation entails formal proclamation of ownership, extension of domestic laws, and efforts toward population assimilation, marking a definitive shift in territorial sovereignty.[12][13] This distinction hinges on intent and execution: occupation preserves the occupied territory's separate status under international humanitarian norms, whereas annexation seeks to erase such separation through irreversible changes.[14] Historically recognized modes of territorial acquisition via annexation fall into forcible and consensual categories. Forcible annexation, often termed conquest, occurs when a state seizes territory through military superiority and subsequently declares it integral to its sovereignty, relying on effective control to substantiate the claim.[12] Consensual modes include cession by treaty or purchase, as in the 1803 Louisiana Purchase, where France ceded 828,000 square miles of territory to the United States for $15 million under the Treaty of Paris signed on April 30, 1803, facilitating voluntary transfer without armed conflict.[15] Another variant involves voluntary union or plebiscitary consent, illustrated by the 1845 annexation of the independent Republic of Texas, approved via U.S. congressional joint resolution on March 1, 1845, and formalized when President James K. Polk signed it into law on December 29, 1845, integrating Texas as the 28th state after its constitutional convention ratified the terms.[16][17] Empirical markers of successful annexation include sustained effective control—encompassing military presence, governance infrastructure, and resource exploitation—alongside partial or full population integration and international acquiescence, which have proven causally decisive in historical outcomes over abstract legal or ethical assertions.[14] These elements underscore that annexation's viability stems from power dynamics, where unchallenged dominance enables de facto permanence, as evidenced by precedents prioritizing control over recognition alone.[5]Distinction from Related Concepts
Annexation entails the unilateral incorporation of territory into a state's sovereign domain, typically through possession or force, distinguishing it from cession, which involves the voluntary and consensual transfer of sovereignty via treaty or sale between states.[18][19] For example, the United States' acquisition of Alaska in 1867 constituted a cession, as the Russian Empire agreed to the sale for $7.2 million under the terms of the Treaty of Cession, preserving mutual consent absent in annexation. Colonization, by contrast, features the establishment of settlements and administrative oversight in remote or unclaimed areas, often without immediate assertion of full metropolitan sovereignty or legal integration, prioritizing extraction and demographic expansion over outright territorial absorption.[20] Irredentism represents an ideological or nationalist aspiration to reclaim territories linked by ethnic, linguistic, or historical affinities, but remains aspirational without the concrete implementation of control or legal incorporation that defines annexation.[21] Secession operates as the inverse process, wherein a peripheral territory seeks detachment from its parent state to form an independent entity or join another, lacking the coercive enlargement characteristic of annexation.[22] Within annexation itself, de facto forms arise from sustained effective control and governance exerting practical sovereignty, irrespective of formal title, whereas de jure annexation requires explicit proclamations, legislation, or international recognition to assert legal permanence.[23] This delineation underscores that de facto control alone may mimic annexation's outcomes—such as administrative integration and demographic shifts—but falls short of the declarative intent central to de jure variants, influencing recognition and normative challenges under state practice.[6]Historical Context
Pre-Modern and Ancient Annexations
In antiquity, annexation frequently served as a mechanism for territorial expansion and state consolidation, driven by military superiority rather than normative constraints on sovereignty. The Roman Republic's conquest and incorporation of Achaea exemplifies this, culminating in 146 BCE when Roman forces under Lucius Mummius defeated the Achaean League at the Battle of Corinth, leading to the sack of the city and the dissolution of the league; the region was subsequently annexed as part of the province of Macedonia.[24] [25] This annexation integrated Greek territories through the extension of Roman legal frameworks and eventual pathways to citizenship, fostering administrative efficiency and demographic blending that contributed to the empire's longevity, as local elites were co-opted into Roman governance structures.[26] Similarly, Julius Caesar's campaigns in Gaul from 58 to 50 BCE resulted in the subjugation of over 300 tribes across approximately 500,000 square kilometers, transforming the region into a Roman province by 27 BCE under Augustus.[27] [28] Caesar's legions, numbering around 50,000 at peak mobilization including auxiliaries, exploited intertribal divisions and employed engineering feats like fortified camps to secure victories, such as the siege of Alesia in 52 BCE where Vercingetorix surrendered with 80,000 warriors.[29] Post-conquest, Romanization via infrastructure—roads, aqueducts, and colonies—promoted assimilation, correlating with reduced revolts and economic integration, as evidenced by the province's contribution of taxes and troops to imperial stability over centuries.[30] In the medieval period, the Norman Conquest of England in 1066 CE represented a feudal annexation predicated on dynastic claims and battlefield success. William, Duke of Normandy, invaded with an army of about 7,000-8,000 men, defeating King Harold Godwinson at the Battle of Hastings on October 14, where Norman cavalry and archery tactics overwhelmed Anglo-Saxon infantry, resulting in Harold's death and the collapse of centralized Saxon resistance.[31] [32] William's subsequent coronation and distribution of lands to Norman barons under a feudal system integrated the territory, with demographic shifts—evidenced by the Domesday Book of 1086 surveying 13,000 places—facilitating administrative control and cultural fusion, though initial resistance like the 1069-1070 Harrying of the North subdued opposition through scorched-earth tactics affecting up to 100,000 deaths.[33] The Mongol Empire's 13th-century expansions further illustrate annexation through overwhelming military dominance, incorporating vast Eurasian steppes and sedentary realms without regard for ethnic self-determination. Under Genghis Khan from 1206 and successors like Ögedei, forces totaling up to 100,000-150,000 horsemen conquered the Jin Dynasty by 1234, annexing northern China with populations exceeding 50 million, and invaded Kievan Rus' in 1237-1240, razing cities like Kiev and subjugating principalities through tribute systems.[34] [35] Administrative yam networks and merit-based bureaucracy enabled governance over 24 million square kilometers at peak, promoting trade via the Pax Mongolica and selective assimilation of local administrators, which sustained imperial cohesion despite high initial casualties from sieges and massacres.[36] These cases underscore a recurring pattern: enduring annexations hinged on coercive military integration followed by institutional embedding, yielding stable polities where transient occupations failed due to inadequate control mechanisms.Colonial and Imperial Era Annexations
Spain initiated extensive annexations in the Pacific and Americas during the 16th century, exemplified by the conquest of the Philippines in 1565 under Miguel López de Legazpi, who established the first permanent Spanish settlement at Cebu and later Manila as the colonial capital.[37] This annexation integrated the archipelago into Spain's trans-Pacific trade network via Manila galleons, which from 1565 to 1815 transported silver from the Americas to Asia, fostering economic linkages that annualized over 1 million pesos in registered cargo by the late 18th century while extracting local resources like rice and abaca for export.[38] Spanish governance imposed centralized administration, Catholic missions that converted much of the population, and infrastructure such as forts and roads, which enhanced internal security and trade routes but often prioritized metropolitan interests, leading to labor drafts and tribute systems that strained indigenous economies.[39] In India, Britain's East India Company progressively annexed territories from the mid-18th century, beginning with the victory at Plassey in 1757 that secured Bengal, followed by subsidiary alliances and wars that expanded control over two-thirds of the subcontinent by 1857.[40] This process replaced fragmented Mughal principalities with a unified administrative framework, introducing British common law principles, standardized taxation, and early infrastructure like canals and telegraph lines that facilitated commerce and governance efficiency, contributing to India's integration into global markets where cotton exports rose from negligible to over 500 million pounds annually by the 1850s.[41] However, resource extraction through high land revenues—often 50-60% of produce—exacerbated famines, such as the Bengal famine of 1770 that killed up to 10 million, while cultural impositions fueled resistance, culminating in the Indian Rebellion of 1857, sparked by sepoy mutinies over greased cartridges but rooted in broader grievances over annexation policies eroding traditional rulers and customs.[42] The rebellion's suppression, involving reprisals that claimed tens of thousands of lives, prompted the Government of India Act 1858, shifting to direct Crown rule and underscoring the tensions between imposed stability and local autonomy.[42] The United States exemplified imperial annexation in North America via the Treaty of Guadalupe Hidalgo on February 2, 1848, which concluded the Mexican-American War and transferred 55% of Mexico's territory—approximately 525,000 square miles including California, Nevada, Utah, and parts of Arizona, New Mexico, Colorado, and Wyoming—to the U.S. for $15 million.[43] This cession enabled rapid infrastructure development, such as railroads and mining operations that boosted gold output to $81 million in California alone by 1852, integrating the region into the national economy and population, which grew from under 15,000 non-indigenous in California in 1848 to over 200,000 by 1852.[44] Yet, for the 80,000-100,000 Mexican residents granted U.S. citizenship under the treaty, outcomes were mixed, with many facing land dispossessions through legal challenges and cultural marginalization, as Anglo-American settlers prioritized property claims, leading to a decline in Hispanic land ownership from dominant to minority status in annexed areas by the 1870s.[45] Such annexations reflected a pattern of territorial expansion yielding governance consolidation and economic gains alongside exploitation of local populations and resources, often provoking resistance that shaped imperial policies.Interwar and Pre-UN Modern Examples
Japan's annexation of Korea, formalized by the Japan-Korea Treaty of Annexation signed on August 22, 1910, in Seoul, followed its military victory in the Russo-Japanese War (1904–1905) and the imposition of a protectorate in 1905 via the Eulsa Treaty.[46] [47] The treaty ceded full sovereignty from the Korean Empire to Japan, establishing Korea as a colony until 1945, with recognition granted by major powers including the United States through prior diplomatic understandings like the Taft-Katsura Agreement of 1905.[46] This act exemplified the era's reliance on conquest for territorial gains, as Japan's military dominance compelled acquiescence without effective international opposition. Italy's annexation of Libya occurred amid the Italo-Turkish War, initiated on September 29, 1911, when Italian forces invaded Ottoman-held territories in North Africa to secure colonial claims promised under the 1912 Treaty of Lausanne (also known as the Treaty of Ouchy), signed on October 18, 1912.[48] The treaty transferred Ottoman sovereignty over Tripolitania, Cyrenaica, and the Dodecanese Islands to Italy, though local Arab and Berber resistance persisted into the 1920s and 1930s, requiring prolonged pacification campaigns.[49] Military success again dictated recognition, as the Ottoman Empire's weakening position post-war enabled Italy's consolidation without League of Nations intervention, underscoring the pre-World War I norm where victors retained seized territories. In the interwar period, Nazi Germany's Anschluss with Austria on March 12, 1938, integrated the independent republic into the Third Reich following German troop entry and Austrian Chancellor Kurt Schuschnigg's resignation under pressure, violating the Treaty of Saint-Germain-en-Laye (1919 but encountering no armed resistance or League enforcement.[50] Similarly, the Munich Agreement of September 30, 1938, signed by Germany, Italy, France, and the United Kingdom, permitted the annexation of Czechoslovakia's Sudetenland—home to approximately 3 million ethnic Germans—by October 10, 1938, through plebiscites and occupation, ostensibly to avert war but effectively rewarding aggression.[51] The League of Nations, lacking enforcement mechanisms and U.S. membership, failed to impose sanctions or collective action against these violations, as evidenced by its inability to mobilize member states beyond condemnations.[52] The Soviet Union's annexation of the Baltic states in 1940 further illustrated conquest's persistence, with ultimatums issued to Lithuania on June 14, Latvia and Estonia on June 16, followed by Red Army invasions and installation of pro-Soviet governments; formal incorporation occurred via rigged elections and Supreme Soviet decrees on July 21 for Lithuania, August 5 for Latvia, and August 6 for Estonia.[53] Justified under the 1939 Molotov-Ribbentrop Pact's secret protocols dividing Eastern Europe, these actions received de facto acceptance from some Allies amid World War II's onset, despite non-recognition policies by the U.S. and others, and highlighted the League's paralysis, as no effective countermeasures halted Soviet military faits accomplis. Such events, where territorial control followed force without sustained reversal, perpetuated pre-UN acceptance of annexation as a viable outcome of power imbalances, contributing causally to escalating global instability by eroding restraints on aggression.[52]International Law Evolution
Norms Before World War II
Prior to World War II, international norms permitted annexation as a legitimate mode of territorial acquisition, particularly when arising from conquest in a just war or through effective control aligned with balance-of-power considerations. Hugo Grotius, in De Jure Belli ac Pacis (1625), posited that a victor in a just war could acquire dominion over the enemy's territory and property, provided the seizure was proportionate to the offense or defense required, thereby establishing a legal title through conquest rather than mere temporary occupation.[54] Similarly, Emer de Vattel, in The Law of Nations (1758), affirmed conquest as a valid title when the war was lawful, possession was secure, and the acquisition served to indemnify the victor or punish aggression, distinguishing it from unjust spoliation.[55] These principles rooted annexation in natural law derivations, emphasizing causal links between military success and sovereign rights, without a blanket prohibition on force for territorial gain. In 19th-century practice, major treaties reflected this acceptance, prioritizing geopolitical equilibrium over inviolable borders. The Congress of Vienna (1814–1815) redrew European boundaries through annexations, such as Russia's incorporation of the Grand Duchy of Finland (acquired from Sweden in 1809 and confirmed) and parts of Poland, and Prussia's absorption of nearly half of Saxony, all ratified multilaterally to restore stability post-Napoleon without invoking any normative bar on conquest-derived changes.[56] The Berlin Conference (1884–1885) extended this to Africa, where European powers established the "effective occupation" principle—requiring notification, treaties with local rulers, and administrative presence—to regulate claims, facilitating annexations like Britain's control over Nigeria and Germany's Kamerun without universal consent or prohibition, as recognitions remained bilateral or pragmatic.[57] These arrangements underscored that annexation's validity hinged on power dynamics and treaty formalization, not inherent illegality. Empirically, pre-1945 norms favored strong states in territorial expansion, with weaker entities ceding land through conquest or diplomacy, as abstract rights yielded to realist outcomes. The United States, invoking Manifest Destiny, annexed Texas on December 29, 1845, following its 1836 independence declaration (recognized by the U.S. but contested by Mexico), and acquired over 500,000 square miles via the Treaty of Guadalupe Hidalgo (1848) after the Mexican-American War, with European powers like Britain and France granting de facto recognition based on U.S. military dominance and control rather than moral or legal absolutism.[16] Such cases illustrated how annexation succeeded absent effective resistance, reinforcing a system where international legitimacy derived from possession and alliances, not a codified taboo on acquisition by force.[5]Post-UN Charter Framework and Prohibition
The United Nations Charter, adopted on June 26, 1945, established a foundational prohibition on the use of force for territorial acquisition through Article 2(4), which requires all member states to "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."[58] This provision, informed by the rejection of aggressive conquest at the Nuremberg Trials (1945-1946), where planning or waging wars of aggression was deemed the supreme international crime, aimed to eliminate the pre-World War II norm permitting territorial gains by force.[59] Article 51 permits force only in individual or collective self-defense against armed attack until the Security Council acts, with any resulting territorial changes subject to the non-acquisition principle.[58] Subsequent United Nations General Assembly resolutions reinforced this framework. Resolution 2625 (XXV) of October 24, 1970, declares that "no territorial acquisition resulting from the threat or use of force shall be recognized as legal," embedding the prohibition as a principle of customary international law applicable erga omnes.[60] Similarly, Resolution 3314 (XXIX) of December 14, 1974, defining aggression, lists invasion, military occupation, or annexation by armed force as exemplars of aggression, stating that such acts cannot validate territorial claims and may constitute crimes against peace. These instruments, while non-binding, reflect consensus against conquest-derived sovereignty, though their interpretation has varied in application. The International Court of Justice has upheld the prohibition in advisory opinions, notably in its July 19, 2024, ruling on Israel's policies in the Occupied Palestinian Territory, finding that settlement activities and de facto annexation violate Article 2(4) and entail obligations for states not to recognize such situations as lawful.[61] Empirical enforcement, however, reveals inconsistencies: Security Council resolutions condemning annexations, such as Iraq's 1990 claim over Kuwait (Resolution 662), succeed when permanent members align, but vetoes by P5 states (e.g., Russia or China) often block action against allies, as seen in non-reversal of de facto controls despite General Assembly condemnations.[62] This selectivity underscores the framework's reliance on geopolitical consensus rather than uniform application, with powerful states occasionally securing tacit acceptance for gains not obtained through overt Security Council-approved means.[59]Exceptions, Customary Law, and Ongoing Debates
The principle of uti possidetis juris serves as a recognized exception to general norms against territorial changes during decolonization, whereby newly independent states inherit the administrative boundaries of their colonial predecessors to avert disputes and maintain stability. This doctrine, affirmed as customary international law by the International Court of Justice in the 1986 Frontier Dispute (Burkina Faso/Mali), transformed colonial internal lines into international frontiers, as evidenced in Africa's adherence to the 1964 Cairo Resolution of the Organization of African Unity, which preserved over 4,000 colonial-era borders to prevent irredentist claims amid ethnic diversity.[63][64] The principle prioritizes territorial integrity over self-determination to avoid the causal cascade of border redrawings, which empirical patterns post-independence show could exacerbate conflicts in regions with overlapping ethnic claims.[65] Consensual territorial unions, where populations voluntarily integrate via uncoerced referenda or agreements, represent another limited carve-out, derogable from uti possidetis by mutual state consent under customary law. Such cases, though infrequent, underscore that acquisition by agreement aligns with sovereignty principles, distinct from forcible imposition, as international practice permits boundary adjustments through treaties without violating non-acquisition norms.[66] However, verifiability of consent remains contentious, with historical instances often contested due to power asymmetries influencing outcomes. Debates persist over the erosion of the customary prohibition on forcible annexation, codified post-1945 as a peremptory norm yet challenged by precedents where conquest led to de facto acceptance despite initial condemnation. India's 1961 military operation in Goa, resulting in the territory's integration without sustained international sanctions or reversal, illustrates this, as most states eventually recognized the status quo by the 1970s, prioritizing stability over strict enforcement amid Cold War realignments.[1] Critics argue such outcomes reveal the norm's reliance on power dynamics rather than absolute legality, with empirical data showing non-recognition rarely reverses effective control when backed by major powers.[11] The right to self-determination, intertwined with annexation debates, faces scrutiny for its destabilizing effects, as seen in the post-1990s Yugoslav dissolution, where ethnic self-determination claims fragmented the federation into seven states, fostering enclaves like those in Bosnia and Kosovo that perpetuated conflicts and required NATO interventions costing over 100,000 lives by 1999. Realist analyses contend this principle incentivizes secessionist bids in multi-ethnic states, undermining territorial stability without clear empirical gains in governance or prosperity, as fragmented entities often exhibit higher corruption and economic volatility per World Bank indicators.[67] In the 2020s, recognition patterns highlight ongoing tensions: Russia's September 2022 annexation of Ukrainian regions (Donetsk, Luhansk, Kherson, Zaporizhzhia) following referenda—deemed coercive by observers—was rejected by a UN General Assembly vote of 143-5 on October 12, 2022, yet acknowledged by allies including North Korea and Belarus, reflecting bloc-based geopolitics over universal norms. Similarly, the U.S. proclamation on March 25, 2019, recognizing Israeli sovereignty over the Golan Heights—captured in 1967—drew UN Security Council regret from most members but no enforcement, underscoring how great-power endorsement can sustain claims against customary prohibitions, as third-state non-recognition fails to alter facts on the ground in over 70% of historical cases per territorial dispute datasets.[68] These developments fuel arguments that the ban's efficacy depends on enforcement capacity, not inherent jus cogens status, with selective application evident in Western tolerance for allied actions versus adversaries.[5]Occupation Versus Annexation
Legal and Definitional Differences
Military occupation, as defined in international humanitarian law, constitutes the temporary exercise of authority by a hostile army over foreign territory without transferring sovereignty to the occupying power. Article 42 of the 1907 Hague Regulations establishes that a territory is considered occupied "when it is actually placed under the authority of the hostile army," limited to areas where such authority is established and exercisable.[69] This provisional status imposes specific duties on the occupier under Article 43, requiring restoration and maintenance of public order and civil life while respecting existing laws unless absolutely prevented, thereby preserving the status quo ante without altering the territory's legal title. The Fourth Geneva Convention reinforces this by prohibiting the deprivation of protected persons' rights through occupation-induced changes, underscoring that occupation does not confer sovereign rights or enable permanent integration.[70] In contrast, annexation involves a unilateral assertion of full sovereignty over territory, typically through the extension of the annexing state's domestic laws and administrative structures, aiming for permanent incorporation rather than mere control.[1] Such acts, particularly when stemming from the use or threat of force, violate the prohibition on aggression enshrined in Article 2(4) of the UN Charter, rendering any resulting territorial acquisition legally invalid under international law.[8] United Nations General Assembly Resolution 3314 (XXIX) explicitly states that no territorial acquisition or advantage from aggression shall be recognized as lawful, distinguishing annexation's intent to irreversibly alter sovereignty from occupation's transient nature.[71] The core definitional divergence lies in intent, duration, and effects: occupation entails effective control without sovereignty claims, ending upon cessation of authority or hostilities, and mandates non-permanent measures like prohibiting irreversible demographic shifts or resource exploitation beyond necessities.[4] Annexation, however, seeks enduring legal and administrative unity, often involving citizenship extension or constitutional amendments, which international law deems impermissible if acquired coercively, as it contravenes the principle that territory cannot be gained by conquest post-1945.[5] This boundary ensures occupation law's applicability persists even amid annexation declarations, binding the controlling power to humanitarian obligations without validating the sovereignty transfer.[3]Practical and Enforcement Distinctions
In practice, military occupation enables a state to exercise temporary administrative control over foreign territory under the framework of international humanitarian law, such as the Hague Regulations of 1907, without transferring sovereignty or risking immediate claims of permanent title that could invite universal non-recognition.[72] This approach preserves belligerent rights for governance and resource management while signaling reversibility, thereby reducing the likelihood of coordinated international backlash compared to annexation, which asserts unilateral sovereignty and typically triggers policies of non-engagement.[1] States often strategically classify control as occupation to evade sanctions, as formal annexation escalates responses; for instance, Iraq's 1990 declaration of sovereignty over Kuwait prompted a UN-authorized coalition reversal, whereas prolonged occupations without title claims have allowed de facto administration with less uniform enforcement.[5] Enforcement of the distinction hinges on the Stimson Doctrine's principle of non-recognition for territorial changes effected by force, articulated in 1932 as a diplomatic tool to deny legitimacy without direct military confrontation.[73] However, mechanisms like UN General Assembly resolutions and International Court of Justice advisory opinions remain non-binding, relying on voluntary state compliance and selective sanctions that vary by the annexing power's geopolitical influence; weaker states face economic isolation and potential reversal, while more powerful actors, such as the Soviet Union after its 1940 territorial incorporations, sustained de facto control despite partial non-recognition by Western powers.[74][75] This variability underscores that enforcement prioritizes collective action against isolated aggressors but tolerates faits accomplis where military dominance ensures enduring possession. From a causal standpoint, de facto annexation through sustained physical control often overrides de jure prohibitions, as effective governance and demographic integration render non-recognition politically moot absent overwhelming counterforce; the formal label of occupation versus annexation influences rhetorical and diplomatic costs but not ultimate territorial stability when backed by superior capabilities.[76][77] Empirical patterns show that international responses adapt to power asymmetries, with sanctions proving more decisive against lesser powers than against those able to withstand isolation, highlighting the realist dynamics where control trumps legal nomenclature.[5]Notable Annexations Since 1945
Asia-Pacific Cases
In 1948, India forcibly integrated the princely state of Hyderabad following the Nizam's refusal to accede after independence, launching Operation Polo on September 13 with an invasion by approximately 35,000 troops that overwhelmed the state's forces within five days; the Nizam surrendered on September 18, leading to administrative control by October 18 and incorporation as a state in the Indian Union.[78] India justified the action on grounds of historical suzerainty and preventing communal violence by Razakar militias against Hindus, though critics noted suppression of local autonomy aspirations.[79] Post-integration, Hyderabad's territories were reorganized into Andhra Pradesh and other states, contributing to economic development through land reforms and infrastructure, albeit with reported reprisal killings estimated at 27,000-40,000 Muslims in the following weeks.[80] China's People's Liberation Army invaded Tibet on October 7, 1950, capturing Chamdo after defeating 8,000 Tibetan troops with superior numbers and artillery, prompting negotiations that yielded the Seventeen Point Agreement signed May 23, 1951, under reported duress by Tibetan delegates in Beijing, affirming Chinese sovereignty while promising autonomy.[81] [82] China asserted historical suzerainty dating to the Yuan Dynasty, framing it as "peaceful liberation" from feudalism, but Tibet had maintained de facto independence since 1912, with the agreement's provisions for Tibetan governance largely ignored post-1959 uprising, leading to full annexation and the Dalai Lama's exile.[83] Integration brought infrastructure like the Qinghai-Tibet Highway but also demographic shifts, with Han Chinese population rising from near-zero to over 90% in Lhasa by 2000, alongside documented cultural suppression and an estimated 1.2 million Tibetan deaths from famine and conflict in the 1950s-1960s per exile accounts, contested by Chinese data claiming stability and poverty reduction.[84] India's Operation Vijay on December 17-19, 1961, involved air, sea, and land strikes by 30,000 troops against Portuguese holdings in Goa, Daman, and Diu, achieving capitulation within 36 hours with minimal casualties (22 Indian dead, 77 Portuguese), ending 451 years of colonial rule.[85] India invoked self-determination and anti-colonial norms, rejecting Portugal's claim of Goa as an overseas province integral to its territory, while the action drew UN condemnation from Portugal's allies but tacit support from decolonization advocates.[86] Goa integrated as a union territory in 1962 and state in 1987, experiencing rapid GDP growth to India's highest per capita by 2023, with preserved Portuguese architecture and multicultural stability, though some Konkani nationalists later critiqued cultural dilution.[87] Indonesia assumed administration of West New Guinea (West Papua) from the Netherlands via the August 15, 1962, New York Agreement, transferring control on May 1, 1963, followed by the 1969 Act of Free Choice where 1,025 handpicked representatives unanimously endorsed integration amid reported intimidation and no universal suffrage, formalizing annexation as Irian Jaya on July 17, 1969, under UN observation.[88] [89] Indonesia cited anti-colonial succession from Dutch rule and geographic proximity, but Papuan groups decry the plebiscite as fraudulent, fueling ongoing insurgency with over 100,000 deaths since 1963 per human rights estimates, contrasted by Jakarta's reports of resource-driven development like the Freeport mine contributing 3% of national GDP.[90] Self-determination claims persist, with UN reports noting irregularities, though integration has entrenched Indonesian control via transmigration policies increasing non-Papuans to 50% of the population by 2010.[91] Following the April 30, 1975, capture of Saigon, North Vietnam imposed unification on July 2, 1976, dissolving the Republic of South Vietnam and forming the Socialist Republic of Vietnam with Hanoi as capital, effectively annexing the south after a war costing 1-3 million lives.[92] Hanoi justified it as liberating from U.S.-backed imperialism and fulfilling 1945 independence declarations, but southern resistance led to reeducation camps holding 1-2.5 million and economic collectivization causing famine until Đổi Mới reforms in 1986 spurred growth to upper-middle-income status by 2010.[93] Critics, including southern diaspora, highlight suppression of dissent, with Amnesty International documenting thousands of political prisoners into the 1980s.[94] In contrast, Pakistan's attempt to suppress Bengali self-determination in East Pakistan failed during the 1971 Liberation War, triggered by March 25 military crackdown killing thousands, culminating in Indian intervention on December 3 and Pakistani surrender on December 16, enabling Bangladesh's independence with 3 million estimated deaths from genocide and famine per Bangladeshi commissions.[95] [96] Pakistan invoked unitary sovereignty post-1947 partition, but ethnic and linguistic divides favored secession, establishing a precedent for self-determination overriding historical claims, with Bangladesh achieving democratic stability and 7% annual GDP growth since 1990 despite authoritarian interludes.[97] These cases illustrate tensions between integrating powers' stability narratives—evidenced by economic metrics—and self-determination advocates' emphasis on coerced consent, with empirical outcomes varying by local resistance and global non-enforcement of post-UN prohibitions.[98]African Cases
In post-1945 Africa, annexations emerged amid decolonization disputes over territories lacking clear sovereignty, often prioritizing resource access over self-determination principles endorsed by the United Nations. Morocco's actions in Western Sahara and Ethiopia's incorporation of Eritrea represent key examples, alongside South Africa's prolonged administration of Namibia and Mauritania's brief involvement in the Sahara. These cases frequently involved ignoring international advisory opinions or UN resolutions, leading to prolonged conflicts while enabling control over minerals like phosphates and strategic ports. Morocco occupied Western Sahara starting in October 1975, following the territory's status as a Spanish colony. On November 6, 1975, King Hassan II mobilized 350,000 unarmed Moroccans in the "Green March" to assert territorial claims, defying an International Court of Justice advisory opinion from October 16, 1975, that upheld the Sahrawi people's right to self-determination while rejecting historical Moroccan sovereignty ties. Spain formalized the handover via the Madrid Accords on November 14, 1975, dividing the territory between Morocco (northern two-thirds, annexed as Southern Provinces) and Mauritania (southern third, designated Tiris al-Gharbiyya). Morocco's annexation secured vast phosphate reserves at Bou Craa, producing over 2 million tons annually by the 1980s, bolstering economic integration despite ongoing Polisario Front guerrilla resistance controlling roughly 20-25% of the area east of the berm wall.[99][100] Mauritania's participation ended amid military and economic strain from Polisario attacks; on August 5, 1979, it signed a peace treaty recognizing the Sahrawi Arab Democratic Republic (SADR) proclaimed by Polisario in 1976, fully withdrawing and renouncing claims, after which Morocco extended control over the vacated southern sector. The move ignored UN calls for a referendum on independence, as outlined in Security Council Resolution 690 (1991), perpetuating a frozen conflict with over 170,000 Sahrawi refugees in Algerian camps as of 2020.[100][101] Ethiopia formally annexed Eritrea on November 14, 1962, dissolving a UN-brokered federation established in 1952 that granted Eritrea autonomy under Ethiopian sovereignty to resolve its post-Italian colonial status. Emperor Haile Selassie pressured the Eritrean Assembly to vote for integration as Ethiopia's 14th province, citing administrative unity and historical ties, though this breached UN Resolution 390(V) terms preserving Eritrean identity and institutions. The annexation facilitated Ethiopian access to Red Sea ports like Massawa and Assab, enhancing trade routes, but triggered the Eritrean War of Independence from 1961, fueled by cultural suppression and land reforms favoring Amhara settlers.[102] South Africa maintained de facto annexation of South West Africa (Namibia) from 1949, administering it as a domestic territory akin to a fifth province despite League of Nations mandate origins post-World War I. The South West Africa Affairs Amendment Act of 1949 extended South African laws and representation, defying UN General Assembly Resolution 2145 (1966) revoking the mandate and the International Court of Justice's 1971 advisory opinion declaring the presence illegal. This control secured uranium and diamond resources, with production exceeding 5,000 tons of uranium oxide annually by the 1970s from mines like Rössing, until Namibia's independence on March 21, 1990, following UN-supervised elections.[103][104]European and Eurasian Cases
Following the end of World War II, the Soviet Union maintained control over the Baltic states—Estonia, Latvia, and Lithuania—which had been initially annexed in 1940 under the Molotov-Ribbentrop Pact and re-occupied in 1944–1945 after the retreat of Nazi German forces.[105] These territories were formally integrated as Soviet Socialist Republics, with Soviet authorities conducting deportations and suppressing independence movements through the 1950s. International recognition of this status was limited, as many Western governments, including the United States, never acknowledged the legitimacy of the incorporation, viewing it as an illegal occupation.[106] The annexations were reversed in 1991 amid the Soviet Union's dissolution, with Lithuania declaring independence on March 11, 1990, followed by Latvia and Estonia in 1991, gaining widespread diplomatic recognition.[105] In Cyprus, Turkey invaded on July 20, 1974, in response to a Greek-backed coup, occupying approximately 36% of the island's territory in the north.[107] Turkish forces established control over areas with significant Turkish Cypriot populations, leading to the division of the island and the displacement of around 200,000 Greek Cypriots.[108] On November 15, 1983, the Turkish Cypriot administration declared the "Turkish Republic of Northern Cyprus," which functions as a de facto state but receives diplomatic recognition solely from Turkey.[109] The United Nations Security Council has repeatedly condemned the declaration and called for the withdrawal of Turkish troops, affirming the Republic of Cyprus's sovereignty over the entire island.[110] Russia annexed Crimea from Ukraine following a military intervention in February 2014 and a referendum held on March 16, 2014, where official results reported 95.5% support for reunification with Russia among 83% voter turnout.[111] The Russian State Duma ratified the treaty of accession on March 21, 2014, incorporating Crimea and Sevastopol as federal subjects.[112] Ukraine and most Western states rejected the referendum's validity, citing coercion and lack of international observers, while the United Nations General Assembly affirmed Ukraine's territorial integrity in Resolution 68/262 on March 27, 2014, with 100 votes in favor.[113] Russia maintains the action restored historical ties and fulfilled self-determination aspirations of the majority ethnic Russian population.[114] Amid its invasion of Ukraine launched on February 24, 2022, Russia organized referendums in occupied portions of Donetsk, Luhansk, Kherson, and Zaporizhzhia oblasts from September 23 to 27, 2022, claiming over 87–99% approval for annexation.[115] President Vladimir Putin signed treaties on September 30, 2022, formally integrating these regions—totaling about 18% of Ukraine's pre-2014 territory—into the Russian Federation.[116] Ukraine denounced the votes as shams conducted under military occupation, and the European Union, United States, and others imposed sanctions while refusing recognition.[117] Russia justifies the annexations as protecting Russian-speaking populations from alleged genocide and responding to NATO expansion.[118] Kosovo's unilateral declaration of independence from Serbia on February 17, 2008, represents a contested secession rather than traditional annexation, following the 1999 NATO intervention and UN administration under Resolution 1244.[119] Serbia maintains Kosovo as its Autonomous Province, rejecting the declaration's legality, while over 100 UN member states have recognized Kosovo's sovereignty.[120] The International Court of Justice ruled in 2010 that the declaration did not violate international law, though it avoided addressing statehood.[121] Recognition patterns align with geopolitical alliances: NATO members and Western states largely support Kosovo, whereas Russia, China, and Serbia's allies do not, highlighting how great-power interests influence de facto control and diplomatic acceptance.[122] In Eurasian cases like Russia's actions, partial endorsement from BRICS partners contrasts with NATO-led rejection, underscoring realist dynamics where alliances determine effective sovereignty over legal prohibitions.[123]Middle Eastern and North African Cases
Israel captured East Jerusalem, the West Bank, and the Golan Heights during the Six-Day War from June 5 to 10, 1967, defeating Jordanian and Syrian forces respectively.[124] In the years following, Israel incorporated East Jerusalem into its municipal boundaries on June 27, 1967, extending Israeli administration and residency status to its Arab inhabitants while applying Israeli civil law.[125] This de facto annexation was formalized through the Basic Law: Jerusalem, Capital of Israel, enacted by the Knesset on July 30, 1980, declaring Jerusalem as the undivided capital.[125] The United Nations Security Council responded with Resolution 478 on August 20, 1980, declaring the law "null and void" and calling for its rescission, a stance reflecting broader non-recognition by the international community.[126] For the Golan Heights, seized from Syria amid pre-war artillery attacks on Israeli settlements, Israel enacted the Golan Heights Law on December 14, 1981, extending Israeli civil law, jurisdiction, and administration to the territory.[127] Syria has consistently maintained its sovereignty claim, viewing the area as occupied Syrian territory, with the United Nations Security Council Resolution 497 unanimously declaring the annexation "null and void" on December 17, 1981, and constituting a violation of international law.[128] [129] Israel's retention is justified by its government on security grounds, citing the strategic high ground's role in preventing cross-border attacks that occurred frequently before 1967.[124] Prior to Israel's control, Jordan had annexed the West Bank, including East Jerusalem, on April 24, 1950, following its occupation in the 1948 Arab-Israeli War; this move received formal recognition only from the United Kingdom and Pakistan, with limited international opposition at the time.[130] [131] Jordan granted citizenship to West Bank Palestinians and administered the territory until losing it to Israel in 1967, after which it formally renounced claims on July 31, 1988, in support of Palestinian self-determination.[130] Debates persist over potential Israeli extension of sovereignty to parts of the West Bank, referred to historically as Judea and Samaria, citing Jewish ties to biblical heartland sites, though no formal annexation has occurred as of 2025; such proposals invoke security buffers and historical rights against claims of Palestinian self-determination.[132] In a stark contrast, Iraq invaded Kuwait on August 2, 1990, over disputes involving oil production and border demarcations, fully occupying the emirate within two days and proclaiming annexation on August 8.[133] The United Nations Security Council condemned the invasion via Resolution 660 on the same day, demanding withdrawal, and Resolution 662 declared the annexation invalid, leading to a U.S.-led coalition's Operation Desert Storm that liberated Kuwait by February 28, 1991.[133] The International Court of Justice issued an advisory opinion on July 19, 2024, deeming Israel's continued presence in the Occupied Palestinian Territory—including East Jerusalem, the West Bank, and Gaza—as unlawful, obligating withdrawal and reparations, while rejecting Israel's arguments of self-defense necessity after decades.[61] Israel contested the opinion's legal weight, emphasizing persistent security threats from rejectionist entities and the absence of negotiated peace, highlighting tensions between territorial permanence for defense and international norms against acquisition by force.Americas and Other Regions
Post-1945 territorial annexations in the Americas have been virtually absent, underscoring the region's general compliance with UN Charter prohibitions on conquest, though disputes persist without successful incorporations. Argentina invaded the British-administered Falkland Islands on April 2, 1982, occupying the territory for 74 days in an effort to enforce its long-standing sovereignty claim, but British counteroffensives led to Argentine withdrawal by June 14, 1982, preventing any formal annexation.[134][135] The United States retained administrative control over the Panama Canal Zone—a 553-square-mile area ceded in perpetuity by Panama in 1903—throughout the postwar period until the Torrijos-Carter Treaties of 1977 mandated its phased return, culminating in full handover on December 31, 1999, as a decolonization measure rather than a new territorial acquisition.[136][137] In other regions, minor annexations of uninhabited outcrops have occurred amid Cold War strategic concerns. The United Kingdom annexed Rockall, a remote granite islet in the North Atlantic approximately 300 kilometers west of Scotland, on September 18, 1955, via a Royal Navy expedition that hoisted the Union Flag and affixed a plaque declaring British sovereignty; the action aimed to preempt potential Soviet use for missile tracking or broadcasting during early nuclear tests.[138][139] Queen Elizabeth II formally authorized the annexation on September 14, 1955, and Parliament incorporated it into the UK through the Island of Rockall Act 1972, extending exclusive fishing limits despite subsequent disputes from Ireland, Denmark, and Iceland over surrounding waters.[140][141] Antarctic territorial assertions, overlapping claims by seven nations including Argentina, Australia, and the UK, predate 1945 but saw postwar reinforcements halted by the Antarctic Treaty signed on December 1, 1959, which freezes sovereignty claims, bans new ones, and voids post-treaty activities as bases for title, effectively suspending rather than resolving annexation-like ambitions in the polar region.[142][143]Reversed or Withdrawn Annexations
Iraq invaded Kuwait on August 2, 1990, and formally annexed it as its 19th province eight days later, citing historical claims and economic disputes. A U.S.-led coalition, authorized by United Nations Security Council Resolution 678 on November 29, 1990, launched Operation Desert Storm on January 17, 1991, expelling Iraqi forces by February 28, 1991, and restoring Kuwaiti sovereignty. The reversal stemmed from Iraq's military overextension and the overwhelming external military pressure from a 34-nation coalition, rather than any unilateral legal challenge to the annexation itself.[144] Indonesia invaded East Timor on December 7, 1975, and incorporated it as its 27th province on July 17, 1976, following the Portuguese withdrawal.[145] Amid domestic political upheaval after President Suharto's resignation in 1998 and international condemnation of human rights abuses, Indonesia agreed to a United Nations-supervised referendum on August 30, 1999, where 78.5% of voters rejected autonomy within Indonesia in favor of independence.[146] Post-referendum violence by pro-Indonesian militias prompted an Australian-led INTERFET intervention, leading to East Timor's administration by the United Nations Transitional Administration in East Timor (UNTAET) until full independence on May 20, 2002.[147] The annexor's weakened internal cohesion and sustained external diplomatic isolation were key causal factors.Jordan annexed the West Bank in April 1950 following its capture during the 1948 Arab-Israeli War, granting residents citizenship and integrating the territory administratively.[148] After losing control to Israel in the 1967 Six-Day War, Jordan retained legal claims until King Hussein announced disengagement on July 31, 1988, severing administrative, legal, and financial ties and ceding authority to the Palestine Liberation Organization (PLO).[149] This unilateral renunciation, motivated by the First Intifada's demonstration of Palestinian self-determination aspirations and Jordan's strategic pivot toward peace initiatives, effectively withdrew the annexation without external military compulsion.[150] Ethiopia dissolved Eritrea's federation status on November 14, 1962, annexing it as a province amid growing separatist insurgency.[151] The Eritrean People's Liberation Front (EPLF) seized control in May 1991 as Ethiopia's Derg regime collapsed, paving the way for a UN-monitored referendum from April 23-25, 1993, where 99.8% of participants voted for independence, formalized on May 24, 1993.[152] Reversal occurred due to the annexor's domestic military exhaustion from civil wars, enabling de facto Eritrean control before diplomatic recognition. South Africa, administering South West Africa (Namibia) under a League of Nations mandate since 1915, proposed outright annexation in 1946 but faced UN rejection; it maintained de facto control amid SWAPO insurgency.[153] Under the 1988 Brazil Agreement and UN Security Council Resolution 435, South Africa withdrew troops, leading to UN-supervised elections in November 1989 and independence on March 21, 1990.[154] Economic sanctions, guerrilla warfare, and Cold War-ending geopolitical shifts eroded South Africa's capacity to sustain control.[155] The Soviet Union's dissolution on December 26, 1991, reversed its centralized hold over 14 republics, many integrated post-World War II through force or federation.[156] Declarations of sovereignty accelerated after the August 1991 coup attempt, with Ukraine's December 1, 1991, referendum (90% for independence) precipitating the Alma-Ata Protocol on December 21, 1991, forming the Commonwealth of Independent States and ending the USSR.[157] Internal economic stagnation, nationalist movements, and leadership failures—rather than unified external intervention—drove the unraveling, highlighting how annexational structures falter under systemic weakness. Across these cases, reversals correlated with the annexing power's diminished military, economic, or political strength, often amplified by external coalitions or isolation, rather than consistent application of international law prohibiting territorial acquisition by force.[158] Military defeats (Iraq, Ethiopia) or insurgencies (Indonesia, South Africa, USSR) eroded holding capacity, while diplomatic shifts enabled voluntary withdrawals (Jordan). This pattern underscores causal realism: sustained control requires ongoing power projection, absent which annexations dissolve irrespective of initial legitimacy claims.
