Essential Requirements of Pacific Blockade

Essential Requirements of Pacific Blockade

Introduction

What is the definition of Blockade?

A blockade is a belligerent operation to prevent vessels and aircraft of all nations, enemy and neutral from entering or exiting specified ports, airports or coastal areas belonging to occupied by or under the control of an enemy nation. The purpose of establishing a blockade is to deny the enemy the use of enemy and neutral vessels or aircraft to transport personnel and goods to or from enemy territory. In view of its impact on the commercial relations between the blockaded.

Blockade, an act of war whereby one-party blocks entry to or departure from a defined part of an enemy’s territory most often its coasts. Blockades are regulated by international law and custom and require advance warning to neutral states and impartial application.

According to L. Oppenheim, “The blocking by mean of war of the approach of the enemy coast or a port of it for the purpose of preventing ingress of egress of vessels or aircrafts of all nations”.

How many types of Blockades?

There are three types of blockades:

Ø  Belligerent Blockade (which occurs in cases of total war)

Ø  Pacific Blockade (which is a form of limited war and can be used as a measure short of war) and

Ø  Limited Blockade.

Although similar to the pacific blockade, the limited blockade has important differences: the pacific blockade is short‐term and specific (e.g., the quarantine of Cuba during the Missile Crisis), whereas the limited blockade is longer‐term and more general (e.g., the British blockade of the Falk‐lands). A limited blockade, in short, could ban all items in the pursuit of limited objectives in a limited geographical area. New technologies (e.g., cruise missiles, large area real‐time surveillance, V/STOL aircraft, etc.) make it easier to impose a limited blockade. However, in a democracy, even a limited blockade must have popular support if it is to be successful. Consequently, a blockade should not be imposed unless there is sufficient provocation to establish a long‐term political consensus in favor of it.

What is Pacific Blockade?

A pacific blockade is a blockade exercised by a great power for the purpose of bringing pressure to bear on a weaker state without actual war. It can be employed only as a measure of coercion by maritime powers able to bring into action such vastly superior forces to those the resisting state can dispose of that resistance is out of the question. The term was created by Laurent-Basile Hautefeuille, a French writer on international maritime law.

Pacific Blockades had relatively clear rules, the doctrine appeared in several unrelated contexts and when it fell into oblivion is difficult to determine. The first example of pacific blockade is typically given as the blockade of Greece by a combined French, British and Russian fleet in 1827, during the Greek War for Independence. Although this intervention came without any reference to pacific blockade, it was later taken as evidence of a custom. A combination of European states used it in Greece again in 1850, 4 1886 and 1897. However, the use of pacific blockade was not restricted to the Ottoman Empire or its former territories. More frequently, Western European states such as Britain and France used pacific blockade against South and Central American states such as the Argentine Confederation, Brazil, Mexico and Nicaragua. The stated grounds for such intervention tended to be the abuse of European subjects, contrasting with the Greek blockades, where the formal grounds for action tended to be the enforcement of an armistice or peace. Further contrast among instances of pacific blockade comes through its use in colonial encounters in Asia as well as European diplomacy, seeing use in what became French Indo-China as well as Portugal and the Netherlands.5 Thus pacific blockade as a practice has a rather inconsistent history. The practice’s use does have some common elements insofar as it was almost always used by Western European states against states on the margins or outside of Europe. Part of this presentation addresses the significance of this pattern to the production and reproduction of hierarchies between states in international law. However, the varied contexts of the practice do make it resistant to generalization. The quiet exit of pacific blockade from practice further compounds the difficulty of discussing its history. While the practice last appeared in the pacific blockade of Venezuela’s coast in 1902 over debt and abuses to European subjects, authors writing about it refer to pacific blockade as a valid part of international law into the 1920s. The doctrine faced criticism in the late nineteenth century from an increasingly ambitious international legal profession, and, while it is not recognized in the present, there is no definitive declaration making pacific blockade illegal. The doctrine of desuetude would support pacific blockade’s characterization as no longer an element of international law in so far as desuetude holds that laws not invoked for a considerable period of time lose their validity. However, none of the authors examined that discuss pacific blockade connect it with this doctrine, itself excluded from the Vienna Convention on the Law of Treaties in its traditional form.  As a result, the already inconsistent history of pacific blockade ends with uncertainty over its legal status. This is not to say that pacific blockade was an altogether unstable concept. In theory, it had clear rules. Blockading states were required to give notice of the blockade and establish its effectiveness over a fixed area. Thus blockades had to be able to stop ingress and egress to particular coasts or ports, rather than only being blockades on paper. A recognized blockade meant that the vessels of the blockaded state as well as third party ships could be turned back or detained, depending on the circumstances. In principle, that this did not constitute an act of war depended on the lack of effective resistance from the blockaded state. Thus, while pacific blockade does not occupy a distinct role in the history of the nineteenth and early twentieth century, and the meaning of its rules should not be taken as determinate or reflective of real conditions, pacific blockade did nonetheless have a clear place in international law, somewhere between war and peace.

It consists in the temporary suspension of the commerce of an offending or disobedient State, by the closing of access to its coasts, or some particular part of its coasts, but without recourse to other hostile measures, save in so far as may be necessary to enforce the restriction.

It is commonly resorted to in practice either:

1)    by way of reprisals and as a method of redress short of war; or

2)    as a measure of international policy.

This measure is resorted to by States which have great naval forces or are strong naval powers against weaker States, for otherwise if the two contending States are equally powerful, war is inevitable. Before the 19^th century blockade was entirely a war measure. Pacific blockade, i.e., as coercive measure to be applied in peace time for settlement of international dispute, came to be recognized in the second quarter of the 19^th century.

In the year 1887, it was resolved by the Institute of International Law at Heidelberg that pacific blockade was legal, if it was effective, duly notified and maintained by a sufficient force, and did not interfere with ships under a foreign flag.

It was further provided that in order to be legal it must apply to the vessels that were seized with no further severity than detention during its continuance and that they must be released, though without compensation, at its termination.

What are the essential requirements of pacific blockade?

The essential requirements of pacific blockade are: -

Ø  The blockade must be initiated and controlled by the military personnel.

Ø  The whole coastal area or its part can be blockaded.

Ø  The blockade must confine ingress and egress of vessels.

Ø  Blockade is related with the military operations.

Ø  The blockade should maintain impartiality whereby the vessels and aircrafts of all nations are stopped.

Beside the above elements, the additional necessary elements or also as follows: -

                      (i)         Declaration and notification

This is the rule of international law that there should have been a 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.

                     (ii)         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.

                   (iii)         Exemption to neutral ports

The neutral ports should be exempted from the blockade.

                   (iv)         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.

                    (v)         Proper establishment

The blockaded area should be established appropriately.

                   (vi)         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.

                  (vii)         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 utilize the force and such measures which are capable enough in stopping the ingress and egress of the vessels.

What are some examples of pacific blockades?

A Pacific Blockade is a type of naval blockade that is used by a stronger nation to exert pressure on a weaker nation without resorting to war. Some examples of Pacific Blockades include:

a.    Cuban Missile Crisis [1962]

b.    Venezuela [1902~2903]

c.     Gulf War [1990~1991]

The United States embargo against Cuba prevents US businesses, and businesses organized under US law or majority-owned by US citizens, from conducting trade with Cuban interests. It is the most enduring trade embargo in modern history.

Aim of Embargo - Cuba's revolutionary regime out of power or bending it to Washington's will."

The US first imposed an embargo on the sale of arms to Cuba on March 14, 1958, during the Fulgencio Batista regime.

Again, on October 19, 1960, almost two years after the Cuban Revolution had led to the deposition of the Batista regime, the U.S. placed an embargo on exports to Cuba except for food and medicine after Cuba nationalized the US-owned Cuban oil refineries without compensation.

          On February 7, 1962, the embargo was extended to include almost all exports.

While the principle of freedom of the seas normally forbids visit and search of foreign merchant vessels on the high seas (international water) in time of peace, the practice has occasionally been extended to “pacific blockades” instituted as measures of reprisal, usually by a large state against a small one.

On Oct. 23, 1962, for example, U.S. Pres. John F. Kennedy proclaimed a “quarantine” of Cuba, under which any vessel suspected of carrying prohibited materials, especially missiles, to Cuba would be intercepted within a designated zone around Cuba, stopped, visited, searched, and, if found to be carrying such materials, diverted. If it attempted to escape or resist, it would be shot at and perhaps sunk. A few Soviet vessels were diverted, but none were sunk, and the crisis was soon terminated.

This procedure, which resembled pacific blockade, was criticized as contrary to the UN Charter, which prohibited the use or threat of force except in defense against armed attack.

 The United Nations General Assembly has passed a resolution every year since 1992 demanding the end of the US economic embargo on Cuba, with the US and Israel being the only nations to consistently vote against the resolutions.

As of 2023, the embargo is enforced mainly through the Trading with the Enemy Act of 1917, the Foreign Assistance Act of 1961, the Cuban Assets Control Regulations of 1963, the Cuban Democracy Act of 1992, the Helms–Burton Act of 1996, and the Trade Sanction Reform and Export Enhancement Act of 2000

The stated purpose of the Cuban Democracy Act of 1992 is to maintain sanctions on Cuba as long as the Cuban government refuses to move toward "democratization and greater respect for human rights."

The Helms-Burton Act further restricted United States citizens from doing commerce in or with Cuba, and mandated restrictions on giving public or private assistance to any successor government in Havana unless and until certain claims against the Cuban government were met.

The object and justification of a pacific blockade are to avoid war, general hostilities and disturbance of international traffic with state against which the operation is carried on. Rights of war cannot exercise against ship belonging to other states than those concerned. If neutrals were not to be affected by it, the coercive effect of a blockade might be completely lost.

In 1827, the first occasion refers to the intervention of France in Turkish affairs as pacific blockade. Greek coasts occupied by the Turkish forces were blockaded. While declaring that a state of peace is maintained, each of these powers blockaded the coast or a portion of it. Neutral vessels were not affected by it. The subject of blockade is not only isolated but also deprived of its ability to self-help.

The operation was really a blockade unaccompanied by hostilities. In1837 a pacific blockade was exercised by Britain against New Granada. British subject and consul of the name of Russell was accused of stabbing a native of the country in a street brawl. He was arrested and, after being kept in detention for some months, was tried for the unlawful carrying of arms and sentenced to six years of imprisonment. The British government resented the treatment as not only cruel and unjust towards Mr Russell but also disrespectful towards the British nation and so demanded the dismissal of the officials implicated and 1000 damages as some compensation for the cruel injuries which had been infected upon Mr. Russell (State Papers, 1837–1838, p. 183). New Granada refused to comply with those demands. The British representative, acting upon his   instructions, called in the assistance of the West Indian fleet. But observed in his communication to the British naval officer in command that it was desirable to avoid hostilities and to endeavor to bring about the desired result by a strict blockade only.

The occasion had occurred as a pacific blockade that a blockade without war might serve the purpose of war.

Cessation of Blockade

The blockade comes to an end in the following six 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.

Conclusion

Blockades have been used primarily as wartime measures to reduce the military power of foes, and they have been employed by both sides of the conflict to seek an advantage. During the conflict, blockades tend to become more inclusive in terms of the definition of contraband, including attempts to limit foodstuffs in order to weaken civilian consumption. Nevertheless, their success rate does not seem very high, because of difficulties of enforcement, the willingness of neutrals to trade with belligerents, and the difficulties when land access to one of the belligerents would be possible. Military strength and productive capacity play a more important role in the outcome of war, and the blockade will end when the war is over.

More recently, blockades have been deployed in an attempt to substitute for war, to attempt to coerce certain nations to meet the behavioral requirements of other nations or groups of nations. Such peacetime, or Pacific, blockades, tended to be imposed by strong nations against weaker nations, and they tend to be more limited in the definition of contraband. Such blockades have ceased either when success was achieved, or when the imposing nations feel that little further is to be gained by continuing. These blockades, too, have not been overly successful, as trade with nations not involved in blockading often continues, and world public opinion may limit the effectiveness of the blockade because of the adverse impacts on the population.