Power growth and justice decline
In a world where political and military transformations are accelerating, a legal question arises regarding the legitimacy of the de facto situation imposed by force and how it affects the rights of states and sovereignty. It is emphasized that international law recognizes that power does not create rights, and actual control does not grant legitimacy. The principle of the illegality of acquiring territory by force has been reaffirmed since the modern international system emerged after World War II, specifically in the United Nations Charter. Therefore, actual control over land is not evidence of legal legitimacy. It underscores the importance of distinguishing between physical reality and legal rights, which derive their legitimacy from international rules. The international community faces the challenge of maintaining this distinction to protect rights from being overshadowed by power, and to prevent physical facts from deviating from the legal principles that form the foundation of international justice.
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