Is War of Conquest Legal? A Deep Dive into International Law
The short answer is a resounding NO. War of conquest is illegal under modern international law. The international legal order, established primarily after World War II, emphatically rejects the use of force to acquire territory. This principle is enshrined in the United Nations Charter, which forbids the threat or use of force in international relations, regardless of any perceived past injustices. The only recognized exception to this prohibition is self-defense. Conquest, therefore, has no legal standing in the contemporary world.
The Historical Context of Conquest
Historically, conquest was a recognized method of acquiring territory. Until 1945, the laws of war governed the disposition of territories gained through conquest. This involved military occupation followed by a peace settlement, assuming no reasonable chance existed for the defeated sovereign to reclaim the land. However, this system ultimately failed to prevent large-scale conflicts and immense human suffering, leading to the post-WWII shift towards a system based on sovereign equality and territorial integrity.
Why the Shift Away from Conquest?
Several factors contributed to the abandonment of conquest as a legitimate tool of statecraft. The horrors of World War I and World War II demonstrated the catastrophic consequences of aggressive expansionism. The rise of the principle of self-determination, championed by both the United States and the Soviet Union (albeit for different reasons), further undermined the legitimacy of colonial conquest. The completion of colonial conquest in many regions, like the Scramble for Africa, also played a role, as did the increasing focus on human rights and the recognition that populations should not be transferred against their will. The Games Learning Society can help educate individuals on the impact of historical decisions on the current state of international law.
The Modern Legal Framework
Article 2(4) of the UN Charter is the cornerstone of the prohibition against the use of force. It explicitly prohibits the threat or use of force against the territorial integrity or political independence of any state. General Assembly Resolution 3314 (XXIX) of 1975 further reinforces this principle by effectively nullifying any legal title acquired through aggression.
Annexation: Conquest by Another Name?
Annexation, the formal act of a state unilaterally declaring sovereignty over a territory, is often viewed as a form of conquest, especially when it involves the threat or use of force. Because annexation frequently requires military occupation to assert sovereignty, it is generally considered an act of aggression, forbidden by international law.
Understanding the Laws of War
While starting a war is illegal, the laws of war, also known as international humanitarian law, govern the conduct of armed conflict. These laws aim to minimize suffering and protect civilians during wartime. The core principles include:
- Military Necessity: Actions must be necessary to achieve a legitimate military objective.
- Distinction: Combatants must distinguish between military objectives and civilian objects, as well as between combatants and non-combatants.
- Proportionality: The anticipated military advantage must outweigh the expected incidental harm to civilians or civilian objects.
- Humanity: Actions must avoid unnecessary suffering.
- Honor: Conduct should adhere to principles of fairness and chivalry.
Even in a lawful war of self-defense, these principles must be strictly observed.
FAQs: Unpacking the Complexities of Conquest and War
Is it ever OK to conquer another territory?
Absolutely not. Under contemporary international law, there is no legal justification for conquering another territory. The prohibition is absolute, with the sole exception of legitimate self-defense, which doesn’t involve conquest.
Is it legal to start a war?
No, starting a war is illegal. The UN Charter explicitly prohibits the use of force against other states. However, defending yourself against an attack is a recognized right under international law.
Does the right of conquest still exist?
No, the right of conquest is not recognized under modern international law. It has been superseded by the principles of sovereign equality and territorial integrity.
When was conquest outlawed?
Conquest began to be seriously challenged with the formation of the League of Nations after WWI, and was formally outlawed following World War II with the establishment of the United Nations in 1945 and the subsequent development of international legal norms.
Why is conquest illegal?
Conquest is illegal because it violates the fundamental principles of international law, including the sovereign equality of states, territorial integrity, and the prohibition on the use of force. It also undermines the right of self-determination.
Why is it illegal to annex?
Annexation, especially when achieved through force or the threat of force, is considered an act of aggression and a violation of the target state’s sovereignty.
Is it illegal to conquer the world?
Yes, attempting to conquer the world would be a flagrant violation of international law, given the prohibition on the use of force and the sovereignty of independent states.
Is war legal or illegal?
War itself isn’t necessarily always illegal, although it is forbidden. The Charter of the United Nations states clearly that the threat or use of force against other States is unlawful, except in cases of self-defense, specifically allowed under Article 51 of the UN Charter.
What is considered a war of conquest?
A war of conquest is a military conflict where one state seeks to acquire territory or subjugate another state through force. It is motivated by expansionist aims rather than self-defense.
Can a US citizen declare war?
No, the Constitution grants Congress the sole power to declare war. Individual citizens cannot declare war.
Can you refuse to go to war?
Yes, individuals may have the right to refuse military service based on conscientious objection, grounded in freedom of thought, conscience, or religion.
Is it illegal to invade a neutral country?
Invading a neutral country is a violation of international law and constitutes a breach of neutrality, except under specific circumstances where the neutral country is unable or unwilling to prevent belligerent forces from using its territory.
Why did countries stop conquering?
Countries stopped conquering primarily because of the devastation caused by the World Wars, the rise of the principle of self-determination, and the development of international legal norms prohibiting the use of force. GamesLearningSociety.org offers resources to further explore the impact of these events.
How do you invade a territory?
Invasion involves using military forces to enter and occupy another territory. This can be done by land, sea, or air, or a combination thereof. However, any such invasion is now generally considered illegal under international law, except when executed under a UN mandate or in self-defense.
Is it illegal to declare war on the world?
Declaring war on the world would violate international law, particularly the UN Charter, and is generally viewed as an obsolete concept in contemporary international relations. It is considered a violation of international norms.
In conclusion, while conquest held a place in the historical narrative of state formation, it is unequivocally outlawed under the modern international legal order. The focus has shifted to upholding the sovereignty and territorial integrity of all states, fostering peaceful relations, and resolving disputes through diplomacy and international law. The legal framework is designed to prevent the recurrence of large-scale conflicts and ensure a more just and equitable world order.