What is an Annexation of territory? in International Law, visualized By Hesham Elrafei
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Annexation happens when one State takes parts of another State, or its entire territory by force. It requires the effective occupation of the territory, and the intention to take it over permanently.
Before the entry into force of the UN Charter, States had the right to wage war and use force. Consequently, the annexation of the territory of another State, was considered a legally valid mode of acquisition of territory, either through a unilateral declaration, or by the entry into force of a peace treaty after a military defeat.
Under modern International Law, Annexation no longer constitutes a legally acceptable way of acquiring territory, as it violates the prohibition of using force.
Therefore, it does not constitute a valid title to territory, and any exercise of sovereign authority, by the annexing State concerning the population of the annexed territory, would seem to be legally null and void.
In addition, All States are legally obliged not to recognize annexations. They may give some de facto recognition to unlawful annexations to accommodate the needs of the inhabitants of the annexed territory.
Conquest and annexation
annexation is the acquisition of title to territory under the sovereignty of another State by a unilateral act of appropriation by a conqueror State after the conquest.
In the past, conquest followed by annexation, was a means of acquiring a valid title to territory.
Whether annexation provides a good title will depend on whether the annexing State had established effective control over the territory, and other States recognition of the annexation.
Conquest was only a mode of acquisition if the conqueror, after having established the conquest after the war, formally annexed the territory.
As the use of force is contrary to international law, so the fruits of an illegal military conquest cannot stand in law.
The UN Charter prohibits the threat or use of force against the territorial integrity of another State and therefore the acquisition of territory by force.
Accordingly, the UN Security Council rejected Iraq’s purported annexation of Kuwait in 1990.
After the ‘Six Day War’ in 1967, the Security Council, called for Israel withdrawal from occupied territories and stressed ‘the inadmissibility of acquiring territory by war.
Later, the International Court of Justice advised the United Nations that the building of the wall by Israel in Palestinian territory would be tantamount to annexation, if the wall were to become permanent.
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