INTERNATIONAL LAW - BLOCKADE, IT'S DEFINITIONS, ESSENTIALS, CONSEQUENCES & END OF BLOCKADE

Summary

This video provides an in-depth explanation of the concept of 'Blockade' (नाकाबंदी) in international law. It explores its definitions, as provided by various jurists like Professor Stark and Professor Oppenheim, and outlines its essential elements, such as the involvement of warships, the application to vessels of all nations, and the purpose of preventing ingress and egress. The video also covers the effects of blockade violations, criminal penalties, and the conditions under which a blockade may end, including the withdrawal of the state imposing the blockade or the end of the war. This comprehensive explanation is crucial for understanding the legal framework surrounding blockades in times of conflict.

Takeaways

• 😀 A blockade occurs when a warring nation prevents the movement of vessels and aircraft to and from the enemy's coast or parts of it.
• 😀 Professor Stark defines a blockade as the action where a country restricts access to the enemy's coast to prevent ingress and egress of vessels and aircraft from all nations.
• 😀 Professor Oppenheim describes a blockade as the restriction of sea routes to prevent vessels from accessing the enemy's coast or parts of it.
• 😀 The essential elements of a blockade include its execution by a man of war (military vessels), its application to vessels of all nations (including neutral states), and the need for its effective enforcement.
• 😀 A blockade must be enforced impartially, meaning it must apply to all vessels, including those from neutral states, without discrimination.
• 😀 The purpose of a blockade is to prevent the entry and exit of ships and aircraft, limiting the enemy's access to supplies and resources.
• 😀 A blockade is distinct from peaceful blockades, which are aimed at settling disputes rather than engaging in warfare.
• 😀 The effectiveness of a blockade relies on its continuous enforcement, ensuring no vessel is able to breach it without consequences.
• 😀 Violating a blockade (e.g., entering or leaving a blockaded area without permission) is considered a criminal act and may result in the capture of the violating vessel and its cargo.
• 😀 A blockade can end in various ways, including the withdrawal of the blockading state, the end of the war, or the defeat of the enemy's forces.

Q & A

What is a blockade in international law?

A blockade is a military action during wartime where one state prevents the ingress and egress of vessels and aircraft in or out of an enemy state's territory, typically enforced by naval forces.

How does Professor Stark define a blockade?

Professor Stark defines a blockade as occurring when a belligerent nation prevents access to the enemy's coast or part of it, restricting the movement of vessels and aircraft, including those from neutral nations.

What is Professor Oppenheim's definition of a blockade?

Professor Oppenheim defines a blockade as a naval action where a state restricts access to the enemy's coast or part of it, preventing the entry or exit of ships and aircraft.

What are the essential elements required for a blockade?

The essential elements for a blockade include: it must be enforced by warships, it must apply impartially to all vessels (including neutral states), it must cover the enemy's coast or part of it, and its primary purpose is to prevent ingress and egress of vessels and aircraft.

What does 'impartially' mean in the context of a blockade?

In the context of a blockade, 'impartially' means that the blockade must be applied to all nations equally, including neutral states, without discrimination.

Can a blockade be applied only to enemy vessels?

No, a blockade must be applied to all vessels, including those from neutral states, as stipulated by international law and the Declaration of London.

What happens if a vessel violates a blockade?

If a vessel violates a blockade, it can be captured along with its cargo, and the crew may be detained until the legality of the capture is determined by a prize court.

What is the purpose of a blockade?

The purpose of a blockade is to prevent the enemy from receiving supplies by restricting the entry and exit of vessels and aircraft, effectively limiting their access to resources and reinforcements.

What happens when a blockade is effectively violated by multiple ships?

If a blockade is violated multiple times, its effectiveness may be reduced, and eventually, the blockade may be considered ineffective and end as a result of consistent violations.

How can a blockade be ended?

A blockade can be ended in several ways: the blockading state withdraws the blockade, the war ends, the enemy forces are driven off, or the blockading state is defeated in war.