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Why would they claim it as their own if the population is not Spanish?



Short version: look at a map.

Long version: https://en.wikipedia.org/wiki/Disputed_status_of_Gibraltar


If the population does not want to be part of the country, one cannot just annex the territory in the modern times.


Correct. That said, if the UK leaves the EU, and freedom of movement goes away, the opinions of Gibraltar's residents may change fairly rapidly.




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