Conquest

CONQUEST, in general, the subjugation of one belligerent force by another; in international law, the subjugation of one independent State by another, which may be followed by the acquisition by the conqueror of territory which admittedly be longed to the conquered. When this occurs the rights of conquest arise. These rights according to one view rest solely upon force ; according to another they are governed by the principle of suc cession (q.v.). Where the acquisition of territory is only partial, the title of the conqueror is usually confirmed by a treaty of peace. This may operate either expressly, by way of cession ; or impliedly, by virtue of the principle of uti possidetis, whereby each belligerent retains possession of such territory as is under his control at the time of the termination of the war. In either case the title rests upon treaty rather than upon conquest alone. Where, however, the acquisition involves the whole of the territory, and there is no longer in existence any authority to cede, then the title of the conqueror rests upon conquest. But the conquest must be complete. There should be "firm possession" on the part of the conqueror, coupled with "intention," and "ability" to re tain the acquired territory. The former will be manifested by some formal proclamation or declaration of annexation (q.v.) . But proclamation will be premature unless the subjugation of the enemy is complete. The latter will be shown by the complete establishment of the authority of the conqueror indicated either by some formal act of surrender, such as the compact of Vereenig ing of 1902, or by the cessation of substantial resistance. But the conquest will not be regarded as complete if the war is continued by a third Power in alliance with the particular State which is subjugated.

The rights and liabilities of the conqueror ought, according to

modern opinion and practice, to be governed by the principle of succession subject to certain qualifications. Thus the conqueror succeeds to the rights and obligations of his predecessor in title, to the extent at any rate of the assets acquired. But he is not bound to recognize or to discharge the obligations incurred by his predecessor or by individuals for purposes of the war, nor by obligations arising out of tort, nor by the personal debts of the former head of the State. nor by obligations of a mixed public and private character.

Private rights, interests and property, to whomsoever belong ing in the conquered territory are now generally understood not to be affected by conquest and annexation or cession. The munici pal law relating to such rights, interests and property is not affected and remains in force until altered by the conqueror in the ordinary course of legislation, subject however to any pro visions of the new constitution. (H. H. L. B.)