Everything about The Right Of Conquest totally explained
The
right of conquest is the purported
right of a conqueror to
territory taken by
force of arms. It was sometimes considered a principle of
international law until the early 20th century.
Its defenders state that the acknowledgment of this right is simply an acknowledgment of the
status quo, and that denial of the right is meaningless unless one is able and willing to use military force to deny it. Furthermore, they note that granting such a right promotes
peace, since it removes the justification for many
wars by denying the legitimacy of violating the
borders of a
nation's
de facto area of control. Also, historically strength in battle and fitness to command were not considered separate, (see
Trial by Combat, and The
Divine Right of Kings.)
Some argue that the idea comes from the fact that there have historically been few "good" leaders, (see
King Richard I and
Pope Alexander VI.) Conquest proved great military strength, and defence was considered one of the most important elements required of a king (see
Lord Protector). Someone appealing to the right of conquest was most likely planning on standing as
regent, rather than just robbing a land of its riches (like the
Vandals and
Mongols are regarded as having done).
Its critics respond that it rewards military
aggression and thus may serve to promote rather than prevent war.
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.
Conquest and military occupation
In the post-Napoleonic era, the disposition of territory acquired under the principle of conquest must be conducted according to the
laws of war. Put simply, this will mean
military occupation followed by a peace settlement. If there's a territorial cession, then there must be a formal
peace treaty.
Further Information
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