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Annexation

Concept in political science

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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.

Evolution of international law

Illegality

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.

Occupation and annexation

Illegally annexed territory is considered as still occupied under international law and the provisions of international humanitarian law continue to apply. For precision, such territory may be referred to as "occupied and illegally annexed". In a report to the United Nations General Assembly, Michael Lynk contrasted de jure annexation as a formal declaration by a state that it is claiming permanent sovereignty over territory and de facto annexation without the formal declaration as a descriptive term for a state establishing facts on the ground as the prelude to a future claim of sovereignty.

The Fourth Geneva Convention (GCIV) of 1949 amplified the Hague Conventions of 1899 and 1907 with respect to the question of the protection of civilians, and the rules regarding inviolability of rights have "an absolute character", making it much more difficult for a state to bypass international law through the use of annexation.

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