What Is The Concept of Occupation and Annexation?

The concepts of occupation and annexation are central to understanding territorial disputes under international law. While both involve control over a territory, they differ significantly in their legal implications, particularly in relation to sovereignty, self-determination, and the application of international humanitarian law. Occupation refers to the temporary control of a territory during armed conflict without altering its sovereignty, while annexation refers to the permanent incorporation of a territory into a state's sovereign territory, often in violation of international law. These concepts have profound consequences for the affected populations and the international community.

Concept of Occupation

Definition:

Occupation refers to the situation where a foreign power takes control over a territory during an armed conflict or war. The occupying power does not have sovereignty over the territory, but it exercises effective control over the area without altering the legal status of the occupied land. Occupation is governed by international law, particularly the Geneva Conventions and the Hague Regulations, which provide rules for the protection of civilians, prisoners of war, and property in occupied territories.

Key Principles:

• Temporary Control: The occupying power is not considered the sovereign of the territory. It must respect the sovereignty of the occupied state and is expected to leave when peace is restored.
• Protection of Civilians: The Geneva Conventions mandate that occupying powers must ensure the well-being of the local population, including providing for their basic needs and preventing harm to civilians.
• Prohibition on Settlement: The occupying power is prohibited from transferring its civilian population into the occupied territory, as this would alter the demographic and legal landscape of the area.

Legal Status of Occupied Territories:

Occupation is considered to be temporary under international law. The territory remains the legal property of the original sovereign state, and the occupying power is only responsible for maintaining order, providing humanitarian aid, and ensuring the safety of the local population.

Concept of Annexation

Definition:

Annexation is the formal incorporation of a territory into a state's sovereign control, often following military conquest or occupation. Unlike occupation, annexation is permanent and involves the assertion of sovereignty over the annexed territory. Annexation is considered illegal under international law if done without the consent of the affected population or the recognition of the international community.

Key Principles:

• Permanent Incorporation: The annexing state claims the territory as part of its sovereign territory, usually through legislation, administrative control, or constitutional changes.
• Violation of International Law: Annexation is prohibited under international law, especially by the United Nations Charter, which emphasizes the principle of territorial integrity and the self-determination of peoples. Annexation is often viewed as an act of aggression, particularly if it occurs without the consent of the people in the territory.
• Rejection by the International Community: When annexation occurs, it is typically met with condemnation from the international community. States do not recognize the annexed territory as part of the aggressor's sovereign land, and the occupying state often faces sanctions or diplomatic isolation.

Historical Examples:

• Crimea and Russia: In 2014, Russia annexed Crimea following a controversial referendum. Despite Russia's claims, most of the international community, including the United Nations, considers Crimea to be part of Ukraine.
• Iraq’s Invasion of Kuwait: In 1990, Iraq's invasion and subsequent annexation of Kuwait was condemned by the United Nations as a violation of Kuwait's sovereignty, leading to the Gulf War and the eventual restoration of Kuwait's independence.

Key Differences Between Occupation and Annexation

Nature of Control:

• Occupation: Temporary control during a conflict; the occupying power does not claim sovereignty over the territory.
• Annexation: Permanent incorporation of the territory into the annexing state’s sovereignty.

Legal Status:

• Occupation: The territory remains part of the original state, and the occupying power must act in accordance with international humanitarian law.
• Annexation: The territory is considered part of the annexing state, even if the international community does not recognize it.

International Recognition:

• Occupation: The occupying state is typically bound by international law and does not claim sovereignty.
• Annexation: Often considered an illegal act, with little to no recognition from other states and international organizations.

Legal Implications and Consequences

For Occupation:

• The occupying power is responsible for maintaining law and order but must respect the laws of the occupied state, especially in regard to civilian protection and human rights.
• The territory's status remains unchanged, and the original state's sovereignty is not altered.

For Annexation:

• Annexation, especially when forced or unilateral, violates the principles of territorial integrity and the right to self-determination under international law.
• Annexed territories may face resistance from the local population, human rights violations, and a potential international legal response, such as sanctions or diplomatic isolation.

Examples of Occupation and Annexation

Occupied Territory Example:

Israel’s occupation of the West Bank and Gaza Strip, as well as East Jerusalem, following the 1967 Six-Day War. The international community regards these territories as occupied, with Israel’s role as the occupying power under international law.

Annexation Example:

Russia’s annexation of Crimea in 2014, where Russia claimed Crimea as part of its sovereign territory, but the international community, including the United Nations, continues to recognize Crimea as part of Ukraine.

Legal and Moral Implications:

Occupation:

• The occupying power is bound by international humanitarian law, which aims to protect civilians and ensure that military actions are conducted in accordance with the principles of proportionality and necessity.

Annexation:

• Annexation typically involves a violation of the sovereignty and territorial integrity of the state, leading to international condemnation and possible sanctions. It also undermines the principle of self-determination and often results in long-term political instability and conflict.

Example

Imagine that Country A is occupied by Country B after a military conflict. Under international law, Country B must respect the sovereignty of Country A, protect its civilians, and refrain from permanently altering the region's governance. However, if Country B decides to annex the territory by passing laws declaring it part of its own state, the international community is likely to condemn this act as illegal and may impose sanctions on Country B. The local population may resist, and international organizations will likely push for the restoration of Country A’s territorial integrity.

Steps in Response to Annexation:

• Diplomatic condemnation and support for the occupied state’s territorial claims.
• Implementation of international sanctions against the annexing state.
• Legal actions at the International Court of Justice (ICJ) or United Nations to dispute the annexation.