By Myrna El Fakhry Tuttle
Reposted from LawNow with permission
Annexation is one state forcibly acquiring another state’s territory, usually through a treaty or use of force. It is illegal under international law.
Recently, there has been increased discussion in the media about annexation. Many are now asking what this term really means and how it comes into play in international relations.
Annexation is one state (country) forcibly acquiring another state’s territory.
No state, regardless of how powerful it may be, has the authority to annex another state. Annexation is illegal under international law and has no impact on the legal status of the acquired territory, which continues to be considered occupied.
The International Committee of the Red Cross states:
[Annexation] refers to a unilateral act of a State through which it proclaims its sovereignty over the territory of another State. It usually involves the threat or use of force, as the annexing State usually occupies the territory in question in order to assert its sovereignty over it. Annexation amounts to an act of aggression, forbidden by international law.
Annexation can occur through use of force (described more below) or through two states signing a treaty.
Annexation treaties, unlike other treaties involving territorial changes, often involve an element of coercion. It typically means the state ceding territory either is compelled to sign a peace treaty after a military defeat or is represented by a puppet government willing to accept the annexation. Article 52 of the Vienna Convention on the Law of Treaties (1969) explicitly states that “a treaty is void if it is procured through the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.” Therefore, annexations based on treaties obtained through coercion or force are not legally valid.
International law prohibits annexation for several key reasons, including:
The Charter of the United Nations prohibits, among other things, annexation using force. Article 2(3) mandates that Member States “settle their international disputes by peaceful means” and article 2(4) says “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.”
In 2003, during the Iraq conflict, Kofi Annan, Secretary-General of the United Nations, stated:
No principle of the Charter is more important than the principle of the non-use of force as embodied in Article 2, paragraph 4 …. Secretaries-General confront many challenges in the course of their tenures but the challenge that tests them and defines them inevitably involves the use of force.”
The International Court of Justice (ICJ) has characterized the “illegality of territorial acquisition resulting from the threat or use of force” as a “corollary” to the “principles of the use of force incorporated in the UN Charter.”
In 1970, newly independent states, concerned about the enduring effects of colonization through external interference (including military or economic pressure), adopted a resolution in the UN General Assembly. This resolution was titled the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (the Declaration on Principles of International Law for short). The Declaration notes that “all States 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 Declaration on Principles of International Law also asserts that “such a threat or use of force constitutes a violation of international law and the Charter of the United Nations.”
Consequently, the use of force in any form is seen as an internationally wrongful act that does not create any legal rights for the annexing state. Therefore, annexing another territory through use of force is illegal under international law. All states must not use force—or even the threat of force—in their relations with other states.
The UN Charter doesn’t define the term “force.” This leaves room for interpretation, especially regarding the use of economic and political coercion.
At different points in history, some countries—typically from the developing world or during the Cold War — argued that “force” should include other forms of pressure, such as political and economic coercion. These actions can undermine a state’s sovereignty.
The Declaration on Principles of International Law says states should “refrain in their international relations from military, political, economic or any other form of coercion aimed against the political independence or territorial integrity of any State.”
In addition, the Organization of American States deemed the use of coercive economic measures as an illegal use of force. Article 20 of its Charter notes that “no State may use or encourage the use of coercive measures of an economic or political character in order to force the sovereign will of another State and obtain from it advantages of any kind.”
In 1932, the United States adopted the Stimson Doctrine, which declared that territorial changes achieved through forceful annexation would not be acknowledged as legitimate. In other words, the United States refused to recognize such actions as lawful territorial claims.
The Declaration on Principles of International Law declares that “no territorial acquisition resulting from the threat or use of force shall be recognized as legal.”
When a state declares annexation on its own, the international community usually doesn’t recognize the act. The annexing state often faces legal consequences like sanctions or global condemnation. A well-known example of annexation is when Russia took Crimea from Ukraine in 2014. The international community widely criticized this act. The UN called the annexation illegal and urged Russia to restore Ukraine’s sovereignty.
Even as international law continues to evolve, the global community has firmly established that acquiring territory through force or the threat of force – whether military, economic or political – is illegal. This prohibition is rooted in international appreciation for the principles of sovereignty, self-determination, and global stability.
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