Re: Blockades: just what is the legal position?

In article <c988f1c0-4395-4235-97a3-
eaf368a6d92c@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>, deemsbill@xxxxxxx says...
On Jun 5, 5:46 am, Alan Lothian <alanloth...@xxxxxxx> wrote:
 Seems, from a brief web search, something of a sea-grey area between
war and peace. The blockade must be effective, of course, but...

When is it legal (and accepted as such by at least the UN) outside a
state of war?

Or is it the case, as I suspect, that the "grey area" aspect suits many
concerned?

Share your wisdom.

My (undoubtedly flawed) understanding:

Any nation may declare a blockade of another nation with which it
at war.

That seems fine for the Royal Navy and France. What about situations
where the countries are not officially at war (Cuban Missile Crisis),
or where where one party doesn't have the status of a nation-state
that is amenable to declaring a state of war (Gaza)?

It's up to that nation to enforce the blockade. In order to
remain in force, the blockade must be enforced 100%...of course,
what's to stop the blockader from just declaring another blockade if
some ships get through.

There are different types of blockades...weapons for some,
everything for others, etc. The blockaders have the right to stop and
inspect anyone attempting to enter the blockade zone. There is
protocol for this...the blockaders must announce who they are, why
they are stopping the ship, etc, etc. If found to be in compliance,
the ship may continue after inspection...or be made to head for a
designated port.

Ships can resist the blockaders, but then become targets. Sinking
is frowned upon, but resistance to boarding, etc allows the use of
force. How much force is open to question.

Blockades can extend into international waters. The reasoning is
inshore areas may be too dangerous for chases because of shallows,
obstructions, or coastal defenses.


The UN Security Council has the power to declare a blockade
illegal. Vetos by the permanent members make this a bit harder to
declare. even if declared illegal, the blockade will remain in force
until the blockader decides to stop...or someone comes along and makes
them stop.


Mark Borgerson

.

Relevant Pages

  • Re: Casus Belli
    ... the crisis and preventing it leading to war.) ... The blockade of the Gulf of Aqaba was the first Act ... Israel had an ironclad case to take for redress at the SC. ...
    (rec.martial-arts)
  • Re: Israel used incredible violence against Gaza aid flotilla, says UN Human Rights Council
    ... I _am_ curious about this statement, @deems. ... ANY nation may declare a blockade at any time. ... Declaration of War declared, such as we had in both WW I and WW II. ...
    (sci.military.naval)
  • Re: China Tactics Against USN Carrier Groups
    ... Take note the U.S. won't sign onto the ICJ -internationl court ... Soverign countries don't need a ... The way we choose to conduct war or blockade is our business ... The "rules" of blockade change over time and it is generally what the ...
    (sci.military.naval)
  • Re: Casus Belli
    ... Israel had an ironclad case to take for redress at the SC. ... A naval or land blockade is a RECOGNIZED "act of war" that FAR ... International law does not allow one to leverage ...
    (rec.martial-arts)
  • Re: Why did the US declare war on Germany?
    ... The enemy you are at war with is indeed capable of and willing to ... > ignoring the laws of war themselves and don't expect you to abide by them. ... In particular, one of the losers, Germany, was convinced it was ... >> drum-tight British blockade if not for German provocation? ...
    (soc.history.war.world-war-ii)