Gyaansanchaar law

Meaning and definition of blockade

Blockade definition — According to Stark “A blockade occurs when a belligerent bars excess of the enemy to its coast or port for preventing ingress or egress of vessels or aircraft’s of all nations”.

Oppenheim defines blockade as “The blocking by men of war of the approach of the enemy coast or a port of it for the purpose of preventing ingress or egress of vessels or aircraft’s of all nations”.

Essential elements of blockade

• The blockade must be initiated and controlled by the military personnel.
• The whole coastal area or its part can be blockaded.
• The blockade must confine ingress and egress of vessels.
• Blockade is related with the military operations.
• The blockade should maintain impartiality whereby the vessels and aircraft’s of all nations are stopped.

Besides the above elements, the additional necessary elements or also as follows-

1. Declaration and notification—

This is the rule of international law that there should have been an appropriate declaration and notification of blockade. In the notification should be clarified that when the blockade will commence and what shall be the geographical limitation of the blockade.

2. Geographical limits of the blockade area —

It should be clarified in the blockade as to what shall be the geographical limits of the blockade. It is essential to clarify the area where the blockade will operate and vessels and aircrafts shall be prohibited from entering.

3. Exemption to neutral ports —

The neutral ports should be exempted from the blockade.

4. Impartiality —

There should not be any discrimination with the vessels of any nation and all the vessels of any nation should be stopped impartially by the country which has imposed blockade.

5. Proper establishment —

The blocked area should be established appropriately.

6. Continuous maintenance —

The blockade should be continuous. When the ships which are imposing blockade return back, it is presumed that blockade has ended. So, for blockade, it is necessary that military vessels should remain in the blockaded area.

7. Effectiveness —

For making a blockade binding, it is necessary that it should be effective. According to the declaration of Paris, 1856, the blockade becomes binding only when it is effective. For effectiveness, it is essential to utilise the force and such measures which are capable enough in stopping the ingress and egress of the vessels.

In the case of ‘The Francisca, 1855’ the court gave its decision that to make a blockade effective in the concerned area the blockade should be established with such an appropriate force that it may make it dangerous for a vessel to have ingress or egress.

Termination of blockade —

The blockade comes to an end in the following circumstances-

1. By the termination of a war, the blockade also comes to an end.
2. The country which has impose blockade can itself terminate it voluntarily.
3. When the blockade is continuously violated and it does not remain effective, then it is understood that blockade has terminated.
4. The blockading state captures and occupies the blockaded coast or port.
5. When blockading forces are vanquished by the enemy forces.
6. When the military vessels blockading the area, leave the blockade coast, it is understood that blockade has ended.

Difference between Pacific and strategic blockade —

The Pacific blockade is means to solve international disputes peacefully. It is used during the peace time contrary to this, during a war, the imposition of a blockade is an ordinary thing.During a war, the belligerent, at the coastal area of the enemy or any part of it by imposing a blockade, stop the ingress and egress of the vessels of other countries and as such blockade is a war activity and is therefore regulated by the rules of war.

The pacific blockade is imposed during the peace time and access to and exit from the blockaded area of the vessels, ships and aircrafts is prohibited without resources to other hostile measure. The purpose of pacific blockade is to compel the blockaded country to solve the dispute peacefully.

 

Frequently Asked question-