Annexation

Look up annexation in Wiktionary, the free dictionary. Ceremonies during the annexation of Hawaii . Annexation ( Latin ad , to, and nexus , joining) is the de jure incorporation of some territory into another geo-political entity (either adjacent or non-contiguous). Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size. It can also imply a certain measure of coercion, expansionism or unilateralism on the part of the stronger of the merging entities. Because of this, more positive terms like political union or reunification are sometimes preferred. Annexation differs from cession and amalgamation , because unlike cession where territory is given or sold through treaty, or amalgamation (where the authorities of both sides are asked if they agree with the merge), annexation is a unilateral act where territory is seized and held by one state that tries to make its move legitimate by being recognised by the other international bodies (i.e. countries and intergovernmental organisations). During World War II the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations. Changes were introduced to international law through the Fourth Geneva Convention that makes it much more difficult for a state to bypass international law through the use of annexation. Annexation , Encyclopaedia Britannica Convention (IV) relative to the Protection of Civilian Persons in Time of War. Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47 by the ICRC

Ceremonies during the annexation of the Republic of Hawaii . Sarajevo citizens reading a poster with the proclamation of the Austrian annexation of Bosnia, which sparked the Bosnian crisis in 1908. Annexation ( Latin ad , to, and nexus , joining) is the forcible acquisition of a state's territory by another state. Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size. It can also imply a certain measure of coercion, expansionism or unilateralism on the part of the stronger of the merging entities. Because of this, more positive euphemisms like political union/unification or reunification are sometimes seen in discourse. Annexation differs from cession and amalgamation , because unlike cession where territory is given or sold through treaty, or amalgamation (where the authorities of both sides are asked if they agree with the merge), annexation is a unilateral act where territory is seized and held by one state and legitimized via general recognition by the other international bodies (i.e. countries and intergovernmental organisations). During World War II , the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations . The authors of the Fourth Geneva Convention made a point of "giving these rules an absolute character", thus making it much more difficult for a state to bypass international law through the use of annexation. One or more of the preceding sentences incorporates text from a publication now in the public domain : Chisholm, Hugh , ed. Convention (IV) relative to the Protection of Civilian Persons in Time of War. Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47 by the ICRC

Illegal acquisition of a state's territory by another state This article is about the incorporation of additional territory into a nation state. Basic Law: Jerusalem, Capital of Israel , passed by the Knesset on 30 July 1980 Federal Law Admitting to the Russian Federation the Republic of Crimea , passed by the State Duma on 21 March 2014 Two examples of unilateral annexation laws 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). 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 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). 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. Examples of annexation in contemporary practice are not common, and are generally viewed as illegal." 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." Marcelo G Kohen (2017). In Frauke Lachenmann; Rüdiger Wolfrum (eds.). The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law . 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. 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." One or more of the preceding sentences incorporates text from a publication now in the public domain : Barclay, Thomas (1911). In Chisholm, Hugh (ed.). 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. : Unknown parameter |encyclopedia= ignored ( help )

Illegal acquisition of a state's territory by another state This article is about the incorporation of additional territory into a nation state. Basic Law: Jerusalem, Capital of Israel , passed by the Knesset on 30 July 1980 Federal Law Admitting to the Russian Federation the Republic of Crimea , passed by the State Duma on 21 March 2014 Two examples of unilateral annexation laws, both illegal under international law 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. 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. Examples of annexation in contemporary practice are not common, and are generally viewed as illegal." 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." One or more of the preceding sentences incorporates text from a publication now in the public domain : Barclay, Thomas (1911). In Chisholm, Hugh (ed.). In Frauke Lachenmann; Rüdiger Wolfrum (eds.). The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law . 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 extend 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. 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." "Annexation" . 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. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign. However, in an era which has repudiated the 'right of conquest', the term 'annexation' is discreetly avoided by all states effecting acquisitions of territory by force. The German Law Journal . There are <ref group=lower-alpha> tags or templates on this page, but the references will not show without a template or template (see the help page ).

Concept in political science This article is about the incorporation of additional territory into a nation state. Basic Law: Jerusalem, Capital of Israel , passed by the Knesset on 30 July 1980 Federal Law Admitting to the Russian Federation the Republic of Crimea , passed by the State Duma on 21 March 2014 Two examples of unilateral annexation laws, both illegal under international law 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 the complete conquest of another country, 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. 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. Examples of annexation in contemporary practice are not common, and are generally viewed as illegal." 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." One or more of the preceding sentences incorporates text from a publication now in the public domain : Barclay, Thomas (1911). In Chisholm, Hugh (ed.). In Frauke Lachenmann; Rüdiger Wolfrum (eds.). The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law . 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 extend 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. 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." "Annexation" . 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. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign. However, in an era which has repudiated the 'right of conquest', the term 'annexation' is discreetly avoided by all states effecting acquisitions of territory by force. The German Law Journal . There are <ref group=lower-alpha> tags or templates on this page, but the references will not show without a template or template (see the help page ).