Annexation

Annexation (Latin ad, to, and nexus, joining) is the administrative action and concept in international law relating to the forcible acquisition of one state's territory by another state and is generally held to be an illegal act. It is distinct from conquest, which refers to the acquisition of control over a territory involving a change of sovereignty, 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. It usually follows military occupation of a territory.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.Annexation of Portuguese India by India in 1961Western New Guinea was formally annexed by Indonesia in 1969Indonesia annexed East Timor in 1976Morocco officially annexed Western Sahara in 1976Israel annexed East Jerusalem in 1980 (see Jerusalem Law) and the Golan Heights in 1981Crimea was annexed by Russia in 2014 Annexation (Latin ad, to, and nexus, joining) is the administrative action and concept in international law relating to the forcible acquisition of one state's territory by another state and is generally held to be an illegal act. It is distinct from conquest, which refers to the acquisition of control over a territory involving a change of sovereignty, 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. It usually follows military occupation of a territory. Annexation can be legitimized via general recognition by international bodies (i.e. other countries and intergovernmental organisations). International law regarding the use of force by states has 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'. 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. 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'. These principles were reconfirmed by the 1970 Friendly Relations Declaration. During World War II, the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations. 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. The authors of the Fourth Geneva Convention made a point of giving the rules regarding inviolability of rights 'an absolute character', thus making it much more difficult for a state to bypass international law through the use of annexation. 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: 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.