Annexation

Last updated
Jerusalem Law KHvq ysvd- yrvSHlym byrt ySHrAl.jpg
Basic Law: Jerusalem, Capital of Israel , passed by the Knesset on 30 July 1989
Federal Law On Ratifying the Agreement between the Russian Federation and the Republic of Crimea on Admitting to the Russian Federation.pdf
Two examples of unilateral annexation laws
The Flag of Hawaii over `Iolani Palace is lowered following the Annexation of Hawaii by the United States (12 August 1898). Lowering the Hawaiian flag at Annexation ceremony (PPWD-8-3-006).jpg
The Flag of Hawaii over ʻIolani Palace is lowered following the Annexation of Hawaii by the United States (12 August 1898).
Civilians and coalition military forces wave Kuwaiti and Saudi Arabian flags as they celebrate the reversal of the annexation of Kuwait by Iraq (28 February 1991). Gulf War Saudi Flag.JPEG
Civilians and coalition military forces wave Kuwaiti and Saudi Arabian flags as they celebrate the reversal of the annexation of Kuwait by Iraq (28 February 1991).
Tourists in Crimea with the Russian flag flying after annexation by Russia (14 June 2015). 2015. Ordzhonikidze 019.jpg
Tourists in Crimea with the Russian flag flying after annexation by Russia (14 June 2015).

Annexation (Latin ad, to, and nexus, joining) is the administrative action [1] and concept in international law relating to the forcible acquisition of one state's territory by another state. [2] It is generally held to be an illegal act. [2] It is distinct from conquest, which refers to the acquisition of control over a territory involving a change of sovereignty, [3] [4] and differs from cession, in which territory is given or sold through treaty, since annexation is a unilateral act where territory is seized and held by one state. [5] It usually follows military occupation of a territory. [1]

Latin Indo-European language of the Italic family

Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets, and ultimately from the Phoenician alphabet.

International law regulations governing international relations

International law is the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.

Conquest (military) military subjugation of an enemy by force of arms

Conquest is the act of military subjugation of an enemy by force of arms. The Norman conquest of England provides an example: it led to the subjugation of the Kingdom of England to Norman control and brought William the Conqueror to the English throne in 1066. Military history provides many other examples of conquest: the Roman conquest of Britain, the Mauryan conquest of Afghanistan and vast areas of the Indian subcontinent, the Spanish conquest of the Aztec Empire and various Muslim conquests, to mention just a few.

Contents

Annexation can be legitimized via general recognition by international bodies (i.e. other countries and intergovernmental organisations). [5] [6] [1]

Evolution of international law

Acquisition of title

International law regarding the use of force by states has evolved significantly in the 20th century. [7] Key agreements include the 1907 Porter Convention, the 1920 Covenant of the League of Nations and the 1928 Kellogg–Briand Pact, [7] 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". [7] 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. [8]

The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4):

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.

The Covenant of the League of Nations was the charter of the League of Nations.

Kellogg–Briand Pact

The Kellogg–Briand Pact is a 1928 international agreement in which signatory states promised not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them". Parties failing to abide by this promise "should be denied of the benefits furnished by [the] treaty". It was signed by Germany, France, and the United States on 27 August 1928, and by most other states soon after. Sponsored by France and the U.S., the Pact renounces the use of war and calls for the peaceful settlement of disputes. Similar provisions were incorporated into the Charter of the United Nations and other treaties and it became a stepping-stone to a more activist American policy. It is named after its authors, United States Secretary of State Frank B. Kellogg and French foreign minister Aristide Briand. The pact was concluded outside the League of Nations and remains in effect.

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". [9]

Stimson Doctrine

The Stimson Doctrine is the policy of nonrecognition of states created as a result of aggression. The policy was implemented by the United States federal government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of non-recognition of international territorial changes that were executed by force. The doctrine was an application of the principle of ex injuria jus non oritur. While some analysts have applied the doctrine in opposition to governments established by revolution, this usage is not widespread, and its invocation usually involves treaty violations.

These principles were reconfirmed by the 1970 Friendly Relations Declaration. [10]

The United Nations General Assembly Resolution 2625, "The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States" was adopted by the General Assembly on 24 October 1970, during a commemorative session to celebrate the twenty-fifth anniversary of the United Nations. The Declaration worked out the most authoritative and comprehensive formulation so far of the principle of self-determination.

Protection of civilians

During World War II, the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations.

World War II 1939–1945 global war

World War II, also known as the Second World War, was a global war that lasted from 1939 to 1945. The vast majority of the world's countries—including all the great powers—eventually formed two opposing military alliances: the Allies and the Axis. A state of total war emerged, directly involving more than 100 million people from over 30 countries. The major participants threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. World War II was the deadliest conflict in human history, marked by 50 to 85 million fatalities, most of whom were civilians in the Soviet Union and China. It included massacres, the genocide of the Holocaust, strategic bombing, premeditated death from starvation and disease, and the only use of nuclear weapons in war.

Military occupation effective provisional control of a certain power over a territory

Military or belligerent occupation is effective provisional control by a certain ruling power over a territory, which is not under the formal sovereignty of that entity, without the violation of the actual sovereign. The territory is then known as the occupied territory and the ruling power the occupant. Occupation is distinguished from annexation by its intended temporary nature, by its military nature, and by citizenship rights of the controlling power not being conferred upon the subjugated population.

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. [11]

The authors of the Fourth Geneva Convention made a point of giving the rules regarding inviolability of rights "an absolute character", [12] thus making it much more difficult for a state to bypass international law through the use of annexation. [12] 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.

Examples since 1949

Portuguese India

Portuguese India in 1961 Portugease India.png
Portuguese India in 1961

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, 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 (UNSC) was vetoed by the Soviet Union. [13] Goa and Daman and Diu were incorporated into India.

Sikkim

The strategic importance of Sikkim was realized in 1960s during the Sino-Indian War. Map in Polish. Nathu La pass-map PL.svg
The strategic importance of Sikkim was realized in 1960s during the Sino-Indian War. Map in Polish.

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, the Indian independence spurred popular political movements in Sikkim and the ruler 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 1967 India and China went to war in Sikkim, Cho La incident where a Chinese occupation was attempted and 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 May 16, 1975, Sikkim officially became the 22nd state of the Indian Union and the monarchy was abolished. [14]

Rockall

Lieutenant Commander Desmond Scott hoists the Union Flag in 1955 Rockall Union flag hoisted 1955.jpg
Lieutenant Commander Desmond Scott hoists the Union Flag in 1955

On 18 September 1955 at precisely 10:16 am, in what would be the final territorial expansion of the British Empire, 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. [15] However, any effect of this annexation on valuable maritime rights claims under UNCLOS in the waters beyond 12 nautical miles from Rockall are neither claimed by Britain nor recognised by Denmark (for the Faroe Islands), Ireland or Iceland.

Western New Guinea

Following a controversial plebiscite in 1969, West Papua or Western New Guinea was annexed by Indonesia. [16] West Paupa 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. [17]

East Timor

Following an Indonesian invasion in 1975, East Timor 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.

Western Sahara

In 1975, and following the Madrid Accords between Morocco, Mauritania and Spain, the latter withdrew from the territory and ceded the administration to Morocco and Mauritania. This was challenged by an independentist movement, the Polisario Front that waged a guerrilla war against both Morocco and Mauritania. In 1979, and after a military putsch, Mauritania withdrew from the territory that left it controlled by Morocco. 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 1975.

Morocco officially annexed Western Sahara in 1976 MoroccoWesternSaharaOMC.png
Morocco officially annexed Western Sahara in 1976

West Bank

The part of former Mandatory Palestine occupied by Jordan during the 1948 Arab–Israeli War, which some Jews call "Judea and Samaria", was renamed "the West Bank". It was annexed to Jordan in 1950 at the request of a Palestinian delegation. [18] It had been questioned, however, how representative that delegation was, and at the insistence of the Arab League, Jordan was considered a trustee only. [19] Only the United Kingdom and Pakistan recognized the annexation by Jordan. [20] It was not condemned by the UNSC 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. [21] Israel has not taken the step of annexing the territory (except for parts 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.

East Jerusalem

During the 1967 Six-Day War, Israel occupied East Jerusalem, a part of the West Bank, from Jordan. On June 27, 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 UNSC Resolutions 252, 267, 271, 298, 465, 476 [25] and 478. [26]

Israel and the territories Israel occupied in the Six-Day War. Six Day War Territories.svg
Israel and the territories Israel occupied in the Six-Day War.

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 has passed the Jerusalem Embassy Act, which recognizes Jerusalem as the united capital of Israel and requires the relocation of the U.S. embassy there, but the bill has been waived by presidents Clinton, Bush, and Obama on national security grounds. President Trump has begun the controversial process of moving the United States embassy to Jerusalem, but has not recognized the annexation of East Jerusalem.

Golan Heights

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 UNSC Resolution 497. The only state that recognized the annexation is the Federated States of Micronesia.

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. [28]

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." [29] 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. [29]

In March 2019, U.S. Senator Lindsey Graham visits the Israeli-occupied Golan Heights, saying he will start an effort to recognize the Golan as part of the State of Israel. [30]

South Vietnam

North Vietnam de facto annexed South Vietnam following the military defeat of the South Vietnamese army in April 1975. [31] Communist regime of the Socialist Republic of Vietnam had officially reunified the country.

Communist Party of Vietnam billboard marking the 30th anniversary of the reunification of the country in 1975 HoChiMinhCity01c.jpg
Communist Party of Vietnam billboard marking the 30th anniversary of the reunification of the country in 1975

Kuwait

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 the UNSC, 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.

Crimea

In March 2014, Russia annexed most of the Crimean Peninsula, part of Ukraine, and administers the territory as two federal subjects — the Republic of Crimea and the federal city of Sevastopol. [32] Russia rejects the view that this was an annexation and regard it as an accession to the Russian Federation of a state that had just declared independence from Ukraine following a referendum, and considers 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 part of Russian Empire and later Russian SSR.

Antarctica

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 June 12, 2015 when Norway formally claimed to have annexed that area. [33] The Antarctic Treaty, however, states: "The treaty does not recognize, dispute, nor establish territorial sovereignty claims; no new claims shall be asserted while the treaty is in force".[ citation needed ]

See also

Related Research Articles

United Nations Security Council Resolution 242 United Nations Security Council resolution

United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the UN Charter. The resolution was sponsored by British ambassador Lord Caradon and was one of five drafts under consideration.

Palestinian territories places comprised of the West Bank (including East Jerusalem) and the Gaza Strip

Palestinian territories has been used for many years to describe the territories occupied by Israel since 1967, namely the West Bank and the Gaza Strip. More recently, the official United Nations terminology has been used, occupied Palestinian territory increasingly replacing other terms since 1999. The European Union also has adopted this usage The International Court of Justice refers to the West Bank, including East Jerusalem, as "the Occupied Palestinian Territory" and this term is used as the legal definition by the International Court of Justice in the ruling in July 2004. The term occupied Palestinian territories is also still in common use.

United Nations Security Council Resolution 446 United Nations Security Council resolution

United Nations Security Council resolution 446, adopted on 22 March 1979, concerned the issue of Israeli settlements in the "Arab territories occupied by Israel since 1967, including Jerusalem". This refers to the Palestinian territories of the West Bank, East Jerusalem and the Gaza Strip as well as the Syrian Golan Heights.

Jordanian annexation of the West Bank

The Jordanian annexation of the West Bank was the occupation and consequent annexation of the West Bank by Jordan in the aftermath of the 1948 Arab–Israeli War. During the war, Jordan's Arab Legion conquered the Old City of Jerusalem and took control of territory on the western side of the Jordan River, including the cities of Jericho, Bethlehem, Hebron and Nablus. At the end of hostilities, Jordan was in complete control of the West Bank.

The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.

Districts of Israel

There are six main administrative districts of Israel, known in Hebrew as mehozot and Arabic as mintaqah and fifteen sub-districts known as nafot. Each sub-district is further divided into cities, municipalities, and regional councils it contains.

The Green Line, or (pre-) 1967 border or 1949 Armistice border, is the demarcation line set out in the 1949 Armistice Agreements between the armies of Israel and those of its neighbors after the 1948 Arab–Israeli War. It served as the de facto borders of the State of Israel from 1949 until the Six-Day War in 1967.

Israeli-occupied territories territories occupied by Israel during the Six-Day War of 1967

The Israeli-occupied territories refers to the territories occupied by Israel during the Six-Day War of 1967 and sometimes also to areas of Southern Lebanon, where Israeli military was notably present to support local Lebanese militias during the civil war and after it. Originally, those territories included the Syrian Golan Heights, the Egyptian Sinai Peninsula and Egyptian-occupied Gaza Strip and Jordanian-annexed West Bank. The first use of the term 'territories occupied' was in United Nations Security Council Resolution 242 following the Six-Day War in 1967, which called for "the establishment of a just and lasting peace in the Middle East" to be achieved by "the application of both the following principles: ... Withdrawal of Israeli armed forces from territories occupied in the recent conflict ... Termination of all claims or states of belligerency" and respect for the right of every state in the area to live in peace within secure and recognized boundaries. In addition to the territories occupied following the Six-Day War, Israel also occupied portions of Southern Lebanon following the 1982 Lebanon War, and maintained a military presence there until withdrawing in 2000.

The status of territories captured by Israel refers to the status of the Gaza Strip, the West Bank, the Western Golan Heights and the Sinai Peninsula, captured by Israel on the course of the 1967 Six-Day War.

Allon Plan

The Allon Plan was a plan to partition the West Bank between Israel and the Hashemite Kingdom of Jordan, create a Druze state in the Israeli-occupied Golan Heights, and return most of the Sinai Peninsula to Arab control. The plan was drafted by Israeli Minister Yigal Allon shortly after the Six-Day War in June 1967.

The Golan Heights Law is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63―21, on December 14, 1981. Although the law did not use the term, it was considered by the international community and the Israeli opposition as Annexation of the Golan Heights.

Ghajar Place

Ghajar is an Alawite-Arab village on the Hasbani River on the border between Lebanon and the Israeli-occupied portion of the Golan Heights, internationally considered to be de jure part of Syria. In 2017 it had a population of 2,559.

Golan Heights Place in Internationally recognized as Syrian territory occupied by Israel

The Golan Heights, or simply the Golan, is a region in the Levant, spanning about 1,800 square kilometres (690 sq mi). The region defined as the Golan Heights differs between disciplines: as a geological and biogeographical region, the Golan Heights is a basaltic plateau bordered by the Yarmouk River in the south, the Sea of Galilee and Hula Valley in the west, the Anti-Lebanon with Mount Hermon in the north and Wadi Raqqad in the east; and as a geopolitical region, the Golan Heights is the area captured from Syria and occupied by Israel during the Six-Day War, territory which Israel effectively annexed in 1981. This region includes the western two-thirds of the geological Golan Heights, as well as the Israeli-occupied part of Mount Hermon.

Borders of Israel political borders

The current borders of the State of Israel are the result both of war and of diplomatic agreements among Israel, her neighbors, and colonial powers. Uniquely, only two of Israel's five potential land borders are internationally recognized while the other three are disputed. Israel's borders with Egypt and Jordan have now been formally recognized and confirmed as part of the peace treaties with those countries. The borders with Syria, Lebanon and the Palestinian territories are still in dispute.

The international community considers the establishment of Israeli settlements in the Israeli-occupied territories illegal under international law, because of the Fourth Geneva Convention of 1949 which states: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." Israel maintains that it is not in violation of the Fourth Geneva Convention since, in its view, Israeli citizens were neither deported nor transferred to the territories, and they cannot be considered to have become "occupied territory" since there had been no internationally recognized legal sovereign prior. The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention does apply.

The United Nations General Assembly Resolution 66/225 of 22 December 2011 was a resolution in which the United Nations General Assembly reaffirmed the right of the Palestinian people and of the population of the occupied Golan Heights over their natural resources, demanded Israel to cease the exploitation, damage, cause of loss or depletion, and endangerment of that natural resources and recognized the right of the Palestinian people to claim restitution as a result of Israeli violation of their rights.

References

  1. 1 2 3 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 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."
  2. 1 2 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."
  3. Marcelo G Kohen (2017). "Conquest". In Frauke Lachenmann; Rüdiger Wolfrum. 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 extent 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.
  4. 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."
  5. 1 2 Wikisource-logo.svg One or more of the preceding sentences incorporates text from a publication now in the public domain :  Barclay, Thomas (1911). "Annexation"  . In Chisholm, Hugh. Encyclopædia Britannica . 2 (11th ed.). Cambridge University Press. p. 73.
  6. "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.
  7. 1 2 3 Jennings & Kohen 2017, p. 80.
  8. Jennings & Kohen 2017, p. 81.
  9. 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."
  10. Aust 2010, p. 36.
  11. "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. 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)
  12. 1 2 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 by the ICRC
  13. "The United Nations Security Council S/5033". www.un.org. Retrieved 17 July 2017.
  14. "Did India have a right to annex Sikkim in 1975?". India Today . February 18, 2015.
  15. BBC staff. "On this day: 21 September 1955: Britain claims Rockall". BBC. Retrieved 15 August 2018.
  16. "How the UN Failed West Papua". The Diplomat. 19 September 2016.
  17. Report claims secret genocide in Indonesia – University of Sydney
  18. Archived October 2, 2011, at the Wayback Machine
  19. Arab League Session: 12-II Date: May 1950
  20. Marshall J. Berger, Ora Ahimeir (2002). Jerusalem: a city and its future. https://books.google.com/books?id=FGOY5oDGGLUC&pg=PA145: Syracuse University Press. p. 145. ISBN   978-0-8156-2912-2.
  21. Romano, Amy (2003). A Historical Atlas of Jordan. The Rosen Publishing Group. p.  51. ISBN   978-0-8239-3980-0.
  22. Sela, Avraham. "Jerusalem." The Continuum Political Encyclopedia of the Middle East. Ed. Avraham Sela. New York: Continuum, 2002. pp. 391-498.
  23. Frank, Mitch. Understanding the Holy Land: Answering Questions about the Israeli-Palestinian Conflict. New York: Viking, 2005. p. 74.
  24. "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
  25. UNSC Resolutions referred to in UNSC res 476 - 252, 267, 271, 298, 465
  26. UNSC res 478 Archived 2012-01-05 at the Wayback Machine
  27. Lustick, Ian S. (16 January 1997). "Has Israel Annexed East Jerusalem?". Middle East Policy Council Journal. 5 (1). doi:10.1111/j.1475-4967.1997.tb00247.x.
  28. "Syria: 'We still feel Syrian,' say Druze of Golan Heights".
  29. 1 2 "UN Doc A/67/L.24". Archived from the original on 2012-12-02.
  30. "The Timeline of the Political History of Vietnam ". San José State University.
  31. "Putin signs laws on reunification of Republic of Crimea and Sevastopol with Russia". ITAR TASS. 21 March 2014. Retrieved March 21, 2014.
  32. Rapp, Ole Magnus. "Norge utvider Dronning Maud Land helt frem til Sydpolen - Aftenposten". Aftenposten.no. Retrieved 2016-08-08.

Further reading