Right of conquest

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The right of conquest was historically a

collective defense.^[1]

History and arguments

Proponents state that the right of conquest 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.^{[citation needed]} 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 legitimizes the conqueror towards that end.^{[not verified in body]}^{[citation needed]}

The completion of colonial conquest of much of the world (see the

Nuremberg and Tokyo Trials, the UN Charter, and the UN role in decolonization saw the progressive dismantling of this principle.^{[citation needed]} The UN Charter's guarantees the "territorial integrity" of member states, but enforcement difficulties in the 21st century^[2] lead to a contentious debate on possible re-emergence of the right of conquest as international law.^[3]

Conquest and military occupation

Until 1945, the disposition of territory acquired under the principle of conquest had to be conducted according to the existing

laws of war. This meant that there had to be military occupation followed by a peace settlement, and there was no reasonable chance of the defeated sovereign regaining the land. While a formal peace treaty "makes good any defects in title",^[4] it was not required. Recognition by the losing party was not a requirement: "the right of acquisition vested by conquest did not depend on the consent of the dispossessed state".^[5] However, the alternative was annexation (part or in whole) which if protested as unlawful, a peace treaty was the only means to legitimize conquest in a time of war. Essentially, conquest itself was a legal act of extinguishing the legal rights of other states without their consent. Under this framework, it is notable that conquest and subsequent occupation outside of war were illegal.^[5]

In the post-World War II era, not all wars involving territorial acquisitions ended in a peace treaty. For example, the fighting in the Korean War paused with an armistice, without any peace treaty covering it. As of 2025, North Korea is still technically at war with South Korea and the United States.^[6]

References

ISBN 9783319279459
.

ISSN 0272-5037
.

doi:10.1007/s10991-020-09250-3
.

^ Korman 1996, p. 127.

^ ^a ^b Korman 1996, p. 128.

^ "The Korean War never technically ended. Here's why". History. June 24, 2020. Archived from the original on February 18, 2021.

Works cited

Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford University Press.
ISBN 0-19-828007-6
.

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History and arguments

Conquest and military occupation

See also

References

Works cited