Right of conquest
Encyclopedia
The right of conquest is the right
of a conqueror to territory taken by force
of arms. It was traditionally a principle of international law
which has in modern times gradually given way until its proscription after the Second World War when the crime of war of aggression
was first codified in the Nuremberg Principles
and then finally, in 1974, as a United Nations resolution 3314.
Proponents state that this right acknowledges the status quo
, and that denial of the right is meaningless unless one is able and willing to use military force to deny it. Further, the right was traditionally accepted because the conquering force, being by definition stronger than any lawfully entitled governance which it may have replaced, was therefore more likely to secure peace and stability for the people, and so the Right of Conquest legitimises the conqueror towards that end.
The completion of colonial conquest of much of the world (see the Scramble for Africa
), the devastation of World War I
and World War II
, and the alignment of both the United States
and the Soviet Union
with the principle of self-determination
led to the abandonment of the right of conquest in formal international law. The 1928 Kellogg-Briand Pact
, the post-1945 Nuremberg Trials
, the UN Charter, and the UN role in decolonization
saw the progressive dismantling of this principle. Simultaneously, the UN Charter's guarantee of the "territorial integrity
" of member states effectively froze out claims against prior conquests from this process.
. This meant that there had to be military occupation
followed by a peace settlement. If there was a territorial cession
, then there had to be a formal peace treaty
.
In post-World War II times, when the international community frowned on wars of aggression, not all wars involving territorial acquisitions ended in a peace treaty. For example, the fighting in the Korean War
ended in an armistice, without any peace treaty covering it.
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
of a conqueror to territory taken by force
Force (law)
In the field of law, the word force has two main meanings: unlawful violence and lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion.When something is...
of arms. It was traditionally a principle of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
which has in modern times gradually given way until its proscription after the Second World War when the crime of war of aggression
War of aggression
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense usually for territorial gain and subjugation. The phrase is distinctly modern and diametrically opposed to the prior legal international standard of "might makes right", under...
was first codified in the Nuremberg Principles
Nuremberg Principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
and then finally, in 1974, as a United Nations resolution 3314.
Proponents state that this right acknowledges the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
, and that denial of the right is meaningless unless one is able and willing to use military force to deny it. Further, the right was traditionally accepted because the conquering force, being by definition stronger than any lawfully entitled governance which it may have replaced, was therefore more likely to secure peace and stability for the people, and so the Right of Conquest legitimises the conqueror towards that end.
The completion of colonial conquest of much of the world (see the Scramble for Africa
Scramble for Africa
The Scramble for Africa, also known as the Race for Africa or Partition of Africa was a process of invasion, occupation, colonization and annexation of African territory by European powers during the New Imperialism period, between 1881 and World War I in 1914...
), the devastation of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, and the alignment of both the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
with the principle of self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
led to the abandonment of the right of conquest in formal international law. The 1928 Kellogg-Briand Pact
Kellogg-Briand Pact
The Kellogg–Briand Pact was an agreement signed on August 27, 1928, by the United States, France, the United Kingdom, Italy, Japan, Weimar Germany and a number of other countries.The pact renounced war , prohibiting the use of war...
, the post-1945 Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
, the UN Charter, and the UN role in decolonization
Decolonization
Decolonization refers to the undoing of colonialism, the unequal relation of polities whereby one people or nation establishes and maintains dependent Territory over another...
saw the progressive dismantling of this principle. Simultaneously, the UN Charter's guarantee of the "territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
" of member states effectively froze out claims against prior conquests from this process.
Conquest and military occupation
After the attempted conquests of Napoleon and up to the attempted conquests of Hitler, the disposition of territory acquired under the principle of conquest had to, according to international law, be conducted according to the existing laws of warLaws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
. This meant that there had to be military occupation
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...
followed by a peace settlement. If there was a territorial cession
Cession
The act of Cession, or to cede, is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty...
, then there had to be a formal peace treaty
Peace treaty
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, that formally ends a state of war between the parties...
.
In post-World War II times, when the international community frowned on wars of aggression, not all wars involving territorial acquisitions ended in a peace treaty. For example, the fighting in the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
ended in an armistice, without any peace treaty covering it.
See also
- Conquest (military)Conquest (military)Conquest is the act of military subjugation of an enemy by force of arms. One example is the Norman conquest of England, which provided the subjugation of the Kingdom of England and the acquisition of the English crown by William the Conqueror in 1066...
- Discovery doctrineDiscovery DoctrineThe Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823. Chief Justice John Marshall justified the way in which colonial powers laid claim to lands belonging to sovereign...
- Fait accompliFait AccompliFait accompli is a French phrase which means literally "an accomplished deed". It is commonly used to describe an action which is completed before those affected by it are in a position to query or reverse it...
- Franz OppenheimerFranz OppenheimerFranz Oppenheimer was a German-Jewish sociologist and political economist, who published also in the area of the fundamental sociology of the state.-Personal life:...
's "conquest theory" of the State - InvasionInvasionAn invasion is a military offensive consisting of all, or large parts of the armed forces of one geopolitical entity aggressively entering territory controlled by another such entity, generally with the objective of either conquering, liberating or re-establishing control or authority over a...
- Might is RightMight Is RightMight Is Right, or The Survival of the Fittest, is a book by pseudonymous author Ragnar Redbeard. It heavily advocates social Darwinism and was first published in 1890...
- RevanchismRevanchismRevanchism is a term used since the 1870s to describe a political manifestation of the will to reverse territorial losses incurred by a country, often following a war or social movement. Revanchism draws its strength from patriotic and retributionist thought and is often motivated by economic or...
- Roerich Pact
- Status quo ante bellumStatus quo ante bellumThe term status quo ante bellum is Latin, meaning literally "the state in which things were before the war".The term was originally used in treaties to refer to the withdrawal of enemy troops and the restoration of prewar leadership. When used as such, it means that no side gains or loses...
- Vae victisVae victisVae victis is Latin for "Woe to the vanquished " or also "Woe to the conquered "....
Further reading
- Sharon Korman, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice, Oxford University Press, 1996.