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Concept
Annexation
Summary
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from conquest and differs from cession, in which territory is given or sold through treaty.
Annexation can be legitimized if generally recognized by other states and international bodies.
The illegality of annexation means that states carrying out such acts usually avoid using the word annexation in describing their actions; in each of the unresolved annexations by Israel, Morocco and Russia, the states have avoided characterizing their actions as such.
Right of conquest
International law regarding the use of force by states evolved significantly in the 20th century. Key agreements include the 1907 Porter Convention, the 1920 Covenant of the League of Nations and the 1928 Kellogg–Briand Pact, culminating in Article 2(4) of Chapter I of the United Nations Charter, which is in force today: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations".
These principles were reconfirmed by the 1970 Friendly Relations Declaration. Since the use of force against territorial integrity or political independence is illegal, the question as to whether title or sovereignty can be transferred in such a situation has been the subject of legal debate. '[A]nnexation by the use of force of the territory of another State or part thereof' is an act of aggression according to the Rome Statute of the International Criminal Court.
Illegally annexed territory is considered as still occupied under international law and the provisions of international humanitarian law continue to apply, for precision such territory may be referred to as "occupied and illegally annexed".
Official source
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