Feedback and comments are always welcome. Please do share with colleagues who may find this useful too.

Feedback and comments are always welcome. Please do share with colleagues who may find this useful too.

So, there is an argument that any transfer of territory can only be done when there is no illegal use of force. Where the line is between the end of an occupation and a valid peace deal is not yet clear. But the duty of non-recognition is certainly an elephant in the room.

Absolutely. With a network of officials within foreign ministries as focal points for atrocity prevention, continued work by the UNGA and UN Secretary-General's Special Advisers, and the very real and growing threat and commission of atrocity crimes - states' responsibilities haven't changed.

So, there is an argument that any transfer of territory can only be done when there is no illegal use of force. Where the line is between the end of an occupation and a valid peace deal is not yet clear. But the duty of non-recognition is certainly an elephant in the room.

Of course, states can, outside of war and force, dispose of their territory. But there's a question as to whether that's legal or possible when force has been used. It's not just to protect that state's sovereignty, but protect the inviolability of every other states' too.

All other states have an interest in making sure the capture of territory by force cannot be made legal by coercion into surrender. This is to protect other states from being invaded or occupied and coerced into transferring territory via a "peace treaty"... Force will never win.

It is also a principle that can't be waived away by a state consenting to a change of territory by force - it has a special status that means any consent or treaty recognising the results of illegal forces would be invalid.

There's a point to this...

(See ILC ARSIWA below)

The the duty of non-recognition is to prevent states being coerced to transfer territory. Some arguments say that this even applies to "peace deals" in the context of force or occupation that is still ongoing - i.e Any peaceful transfers of territory must be separated from force.

The Declaration on Friendly Relations, seen as reflecting international law and indicating the content of the prohibition of force, requires states to not recognise the capture of territory and has *resulted from* an illegal use of force.