Blockade:

A blockade refers to a military strategy or action in which a

country or a group of nations prevents the movement of goods,
people, or military forces into or out of a specific area, typically a
port or a coastal region. Blockades are often employed during
times of conflict, whether in a state of war or during a crisis, to
weaken the opponent's economy, disrupt supply chains, and gain
a strategic advantage. They can be established through the use
of naval vessels, troops, or other means to restrict access to the
designated area.
A blockade is the act of actively preventing a country or region
from receiving or sending out food, supplies, weapons, or
communications, and sometimes people, by military force.
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.
In a memorandum prepared for the London Naval Conference of
1908–09, the British government defined a blockade as “an act of
war carried out by the warships of a belligerent, detailed to
prevent access to or departure from a defined part of the
enemy’s coast.”

J. G. Starke: “Blockade occurs when a belligerent bars access to

the enemy coast or part of it for purpose of preventing ingress or
egress of vessels or air-crafts of all Nations.”

Oppenheim: “It is blocking men of war of the approach to the

enemy coast or part of it for the purpose of preventing ingress
and egress of vessels or aircrafts of any nations.”

blockade means an act of isolating a specific territory, most of a

coastal area. It is an act of sealing off a place to prevent goods or
people from entering or leaving. It is an act whereby belligerent
blocks entry to or departure from a defined part of an enemy’s
territory, most often its coasts.

Essential Elements of a Binding Blockade

1. Proper Establishment: A blockade must be established

under the authority of a belligerent Government, or a
naval commander specially authorized to declare a
particular blockade.

2. Effectiveness: The blockade must be duly effective. It

should not be a fictitious or paper blockade, but should
be maintained by a force sufficient to prevent access to
the coasts of the enemy.

3. Continuously Maintained: The blockade must be

continuously maintained. When the blockading squadron
is driven off by superior force of the enemy, it is held
that the blockade is null and defective from beginning.
However, the blockade will not be impaired if the
blockading squadron is temporarily withdrawn due to
bad weather.

4. Notification: A blockade must be notified. Such

notification may be made either by a belligerent
Government or by a commander of a naval force acting
on behalf of his State and must specify the date when
blockade begins, the geographical limits of the coastline
under blockade an the period within which neutral
vessels may come out.
 5. Impartiality: The blockade must be universal without
discrimination with the vessels of any nation. If a
belligerent favours vessel of any nation, such blockade
becomes inoperative.

6. Access to Neutral Coasts: The blockading force must

no bar acess to neutral ports or coasts.

The common law of blockade rests mainly upon principles laid

down by Anglo-U.S. prize courts. The more important of these
are summarized in the judgments of British jurist Stephen
Lushington and Privy Council in an 1854 decision regarding the
Franciska, a Danish ship that was seized by the British during
the Crimean War. In order to render a blockade valid under the
common law and to impose penalties upon neutral vessels for
breach of it, the following facts must be proved:

1. A blockade must be duly established: that is, it must be

instituted under the authority of the belligerent
government. Usually the officer in command of a naval force
institutes the blockade under express instructions, but if
this is done without them—an unlikely occurrence—this
action must be ratified by the government. In either case,
although in the British view an official notification is not
necessary, neutral powers are notified in practice through
diplomatic channels and the blockade is officially
proclaimed. The officer in command must also notify the
local authorities and foreign consuls.
2. The blockade must be effective. Paper blockades were
declared illegal by the Declarations of the Armed
Neutralities of 1780 and 1800, and it was to suppress their
subsequent continuance that Article 4 of the Declaration of
Paris (1856; a supplement to the Treaty of Paris) provided
 that “blockades, in order to be binding, must be effective.”
A blockade, therefore, must be maintained by a force
sufficient to truly prevent access to the coasts of the enemy.
3. The blockade must be continuously maintained and
impartially enforced against all vessels alike. If interrupted
—except when temporarily interrupted by adverse weather
—it must be duly reestablished. Certain classes of vessels
are exempt from the latter part of this rule, such as neutral
warships and neutral vessels carrying distressed seamen of
their own nationality, as well as neutral vessels compelled
by stress of weather or the need of provisions or repairs to
put into the blockaded port. Under the Anglo-U.S. practice
vessels which have received a special licence from the
government of the blockading state or the commander of
the blockading force are also exempt.
4. There must be some violation either by egress or ingress by
the vessel. At the London Naval Conference of 1909 it was
generally agreed that there must be some notice, either
actual or presumptive. In respect of egress the fact of
blockade is sufficient. In respect of ingress, if the blockade
has been officially declared, notice will be presumed if there
has been sufficient time for the vessel to receive it. If the
blockade is de facto, express notice must be given to the
vessel by the blockading force and endorsed on the ship’s
papers.
5. There must be actual or constructive knowledge of the
blockade by those responsible for the conduct of the vessel.

Characteristics and Validity of Blockade:

 Scope and Area: A blockade usually focuses on a specific

geographic area, such as a port or coastline. The area
subject to the blockade is effectively cut off from outside
access.
  Proclamation: A valid blockade typically requires an official
declaration or proclamation from the enforcing nation,
clearly indicating the intent to impose a blockade and
specifying the geographical limits of the affected area.
 Effective Enforcement: To be considered valid, a blockade
must be actively enforced and maintained to prevent
unauthorized access. This might involve patrolling the area
with naval vessels and intercepting vessels attempting to
breach the blockade.
 Notice to Neutral Parties: Neutral parties, such as other
nations not involved in the conflict, must be informed of the
existence of the blockade to provide them with an
opportunity to avoid the restricted area.
 Proportionality: The measures taken to enforce the blockade
should be proportionate to the objective. Excessive use of
force or disproportionate impact on civilians could affect the
legitimacy of the blockade.
 Duration: Blockades are typically temporary measures and
must be lifted once their strategic goals are achieved or the
conflict is resolved.
Validity of a blockade is subject to international laws and
conventions, primarily the rules established by the United
Nations, such as the 1909 Declaration of London and the United
Nations Convention on the Law of the Sea (UNCLOS). A blockade
that adheres to these rules is more likely to be considered
legitimate in the eyes of the international community.

Breach of Blockade:
A breach of a blockade occurs when a vessel, aircraft, or
individual attempts to enter or exit the blocked area without
authorization from the enforcing nation. Breaching a valid
blockade is usually considered a violation of international law
and may result in consequences such as interception,
confiscation of goods, detention of individuals, or even use of
force in extreme cases.
The consequences of breaching a blockade may vary depending
on the circumstances, the nature of the blockade, and the
responses of the enforcing nation and other involved parties. It's
important to note that not all blockades are universally
recognized, and their legitimacy can be a subject of dispute
within the international community.

Consequences of Breach of a Blockade

In case blockade is breached by a vessel or an aircraft, either

carrying goods or persons, by entering to or leaving the blockade
area are liable to seizure by belligerent operating the blockade.
However, such seizure will be subject to adjudication of the Prize
Court (A prize court is a court (or even a single individual, such
as an ambassador or consul) authorized to consider
whether prizes have been lawfully captured, typically whether a
ship has been lawfully captured or seized in time of war or under
the terms of the seizing ship's letters of marque and reprisal. )
and if the Prize Court declares the ship as good prize, it is liable
to be confiscated.

Cessation Of Blockade

A blockade ceases to exist on the happening of either of the

following contingencies:-

1. By termination of war;

2. When the Government which has imposed blockade

withdraws it;

3. When it ceases to be effective by reason of interruption

(discontinuation) or other means;

4. When the blockading squadron is defeated and driven off

by a hostile force;
 5. When it is withdrawn for a chase or an action; and

6. When the place or port under blockade is occupied by a

victorious belligerent.

International Conventions

1. United Nations Convention on the Law of the Sea

(UNCLOS):

 Part II: Territorial Sea and Contiguous Zone

 Article 19: Innocent passage through the

territorial sea.

 Part III: Straits Used for International Navigation

 Article 37: Right of transit passage in straits used

for international navigation.

2. Hague Conventions (1899 and 1907):

 Hague Convention (III) Relative to the Opening of

Hostilities in 1907:

 Article 3: Blockades, and other restrictions of

commerce.

 Hague Convention (V) Respecting the Rights and

Duties of Neutral Powers and Persons in Case of War
on Land in 1907:

 Article 11: Postal correspondence; contraband of

war; blockades, and unneutral service.

 Article 15: Blockade and contraband.

  Article 16: Unneutral service.

3. Additional Protocol I to the Geneva Conventions of

1949 (Protocols Additional to the Geneva Conventions):

 Article 49: Blockade and bombardment.

 Article 52: General protection of civilian objects

against the effects of hostilities.

4. Additional Protocol II to the Geneva Conventions of

1949 (Protocols Additional to the Geneva Conventions):

 While primarily focusing on non-international armed

conflicts, certain principles of humanitarian law apply
to blockades, particularly regarding the protection of
civilians.

5. 1909 Declaration of London (not ratified and not in

force):

 Part IV: Blockade

 Articles 32-44 provide detailed regulations

regarding blockades, including criteria for
establishment, enforcement, notification, and
contraband.

6. San Remo Manual on International Law Applicable to

Armed Conflicts at Sea (1994):

 Rule 96: Blockade.

 Rule 97: Prerequisites for a blockade.

 Rule 98: Establishment and enforcement of a blockade.

 Rule 99: Blockade and neutral states.

  Rule 100: Blockade and enemy vessels.

7. Blockades in Times of Armed Conflict:Customary

international law and treaties like the 1909 Declaration of
London (which was not universally ratified) provide some
guidelines for blockades during times of armed
conflict.Blockades must be effective, meaning that they
must be actively enforced to prevent access to or from a
specific area.Adequate notice should be given to neutral
states and parties to avoid breaches of the
blockade.Blockades must not cause unnecessary suffering
to civilians, and their impact should be proportionate to the
military advantage sought.

Contraband:

Contraband refers to goods, items, or materials that are

prohibited by law from being imported, exported, bought, sold,
or possessed. These items are typically considered illegal or
forbidden due to concerns such as public safety, national
security, health, morality, or international agreements.
Contraband can encompass a wide range of items, from illicit
drugs and weapons to certain types of cultural artifacts and
protected wildlife.
Contraband refers to goods, items, or materials that are
prohibited or restricted from being imported, exported, bought,
sold, or possessed due to legal restrictions established by states
or international agreements. The concept of contraband is often
ssociated with situations of armed conflict, blockades, and
sanctions, where the movement of certain goods is regulated to
prevent their use in activities that could be harmful to peace,
security, or the interests of states.
Contraband can encompass a wide range of items, including
weapons, military equipment, certain types of technology,
hazardous materials, illegal drugs, and other items that could
contribute to hostilities, endanger civilian populations, or violate
international agreements. The designation of contraband is
intended to control and monitor the flow of goods that could have
negative implications for international relations, security, or
humanitarian considerations.
In times of armed conflict or during blockades, states may
impose restrictions on the movement of goods to prevent the
resupply of enemy forces, limit their military capabilities, or
protect their own security. Similarly, states and international
organizations may impose sanctions that include restrictions on
the trade of certain goods to influence the behavior of a target
state or to address violations of international law.
The concept of contraband reflects the principle that states have
the sovereign right to regulate the flow of goods across their
borders and to take measures to safeguard their interests and
security. However, the designation of specific items as
contraband and the rules surrounding their treatment can vary
based on customary international law, treaties, agreements, and
the evolving practices of states in the international community.

Forms of Contraband:
 Illegal Drugs: Controlled substances such as narcotics,
cocaine, heroin, marijuana, and synthetic drugs that are
prohibited by law in most jurisdictions are among the most
common types of contraband.
 Weapons: Unauthorized firearms, explosives, ammunition,
and other weapons that violate local regulations are often
considered contraband.
 Counterfeit Goods: Fake or pirated products, including
counterfeit currency, designer clothing, electronics, and
luxury items, can also be classified as contraband.
 Stolen Property: Goods obtained through theft or fraud that
are being transported or sold illegally are considered
contraband.
 Endangered Species and Wildlife: Items made from or
derived from protected animals or plants, such as ivory,
certain animal skins, and rare species, are considered
contraband due to their impact on biodiversity and
conservation efforts.
 Cultural and Historical Artifacts: Certain cultural artifacts,
antiquities, and archaeological items that are protected by
cultural heritage laws may be considered contraband if they
are illegally traded or transported.
 Human Trafficking: The illegal movement of people across
borders for purposes such as forced labor, sexual
exploitation, or other forms of exploitation is considered
contraband.
 Embargoed Goods: Goods that are subject to international
sanctions, trade embargoes, or export restrictions due to
geopolitical or diplomatic reasons are also classified as
contraband.
 Alcohol and Tobacco: In some cases, certain types of
alcoholic beverages and tobacco products that are subject
to heavy taxation or age restrictions can be considered
contraband if they are being transported or sold illegally.
 Intellectual Property Violations: Unauthorized copies of
copyrighted materials, such as movies, music, software, and
books, can be considered contraband if they violate
intellectual property laws.
 Prohibited Foods and Plants: Certain agricultural products,
such as invasive species or items that pose a threat to local
ecosystems, can be considered contraband when
transported across borders.
  Sensitive Technology: Items or materials related to sensitive
technologies, such as military equipment, nuclear materials,
or advanced encryption tools, may be classified as
contraband when exported without proper authorization.
It's important to note that the definition of contraband can vary
based on local, national, and international laws, as well as the
specific context in which the term is used. Items that are
considered contraband in one jurisdiction may not be considered
contraband in another, highlighting the importance of
understanding and complying with relevant regulations.

From 1908 to 1909, however, 10 naval powers met in London to

draw up an agreed code regarding belligerent restrictions on
neutral trade. The resulting Declaration of London classified
goods as (1) absolute contraband; (2) conditional contraband;
and (3) free. The first class, military equipment, was subject to
seizure on its way to any destination in enemy territory. The
second class consisted of items such as food, clothing, and rolling
stock, which were to be treated as contraband only if in transit to
the government or armed forces of an enemy. The third class
listed goods not subject to capture.Though never ratified, the
declaration was near enough to a general consensus to be
provisionally adopted by both sides when World War I broke out
in 1914. The demands of total war, however, resulted in such
items as rubber, cotton, and soap being moved from the free list
to absolute contraband. The declaration eventually became
irrelevant and was explicitly discarded in 1916.
1. Hague Conventions (1899 and 1907):
 Hague Convention (III) Relative to the Opening of
Hostilities in 1907:
  Article 3: Prohibits the transportation of
contraband during times of armed conflict.
2. San Remo Manual on International Law Applicable to
Armed Conflicts at Sea (1994):
 Part IV: Blockade
 Rule 101: Defines contraband of war as goods
which are destined for the belligerent forces,
whether by land, air, or sea, and includes
weapons, ammunition, and other supplies.
 Rule 105: Provides for the liability of neutral
vessels transporting contraband.
3. United Nations Convention on the Law of the Sea
(UNCLOS):
 Part II: Territorial Sea and Contiguous Zone
 Article 19: Provides for the right of innocent
passage through the territorial sea.
 Part III: Straits Used for International Navigation
 Article 37: Recognizes the right of transit passage
through international straits used for
international navigation.
4. Montevideo Convention on the Rights and Duties of
States (1933):
 Article 11: Discusses the principle of neutrality,
including the rights and duties of neutral states during
armed conflicts.
5. Additional Protocol I to the Geneva Conventions of
1949 (Protocols Additional to the Geneva Conventions):
 Article 35: Prohibits the use of methods or means of
warfare which are intended to cause widespread, long-
term, and severe damage to the natural environment.
  Article 54: Prohibits the destruction of objects
indispensable to the survival of the civilian population.
6. Additional Protocol II to the Geneva Conventions of
1949 (Protocols Additional to the Geneva Conventions):
 While primarily focusing on non-international armed
conflicts, certain principles related to the protection of
civilian populations and objects apply to contraband.
7. United Nations Security Council Resolutions:
 The Security Council may adopt resolutions imposing
sanctions and trade restrictions on specific countries,
often including lists of contraband items subject to
these restrictions.
8. Customary International Law:
 Customary international law, as reflected in state
practice and legal opinions, also contains principles
governing the treatment of contraband during armed
conflict and maritime operations.

One of the most famous cases involving contraband is the "Trent

Affair," which occurred during the American Civil War in the
1860s. While not a traditional case of contraband in the sense of
prohibited goods, the Trent Affair involved a dispute over the
seizure of a British mail steamer, the RMS Trent, by the United
States Navy.
Here's a brief overview of the Trent Affair:
During the American Civil War, the Confederate States of
America sought to gain support and recognition from foreign
nations, including Britain. In November 1861, the Confederate
government dispatched James Mason and John Slidell as envoys
to Britain and France, respectively, to seek diplomatic
recognition and support for the Confederate cause.
Mason and Slidell boarded the British mail steamer RMS Trent in
Havana, Cuba, with the intention of traveling to Europe.
However, the USS San Jacinto, a United States Navy warship,
intercepted the Trent in international waters near the Bahamas
on November 8, 1861. Captain Charles Wilkes of the USS San
Jacinto ordered the removal of Mason and Slidell, arguing that
they were carrying out activities against the United States and
therefore could be considered contraband.
The seizure of Mason and Slidell caused an international outcry,
particularly from Britain. The British government, under Prime
Minister Lord Palmerston, considered the action a violation of
international law and an affront to British sovereignty. The
incident raised the risk of a diplomatic crisis between the United
States and Britain.
In the end, cooler heads prevailed. The United States released
Mason and Slidell, and the British government opted for a
diplomatic resolution. The incident highlighted the complexities
of maritime law, the treatment of diplomats as contraband, and
the potential consequences of such actions during times of
conflict.
The Trent Affair demonstrated the importance of adhering to
established international norms and laws, even during times of
war. It also showcased the potential diplomatic and political
fallout that can result from disputes involving contraband and
the treatment of individuals during armed conflicts.
One of the most famous and historically significant cases of
blockade is the Berlin Blockade, which occurred during the
aftermath of World War II and marked the onset of the Cold War
tensions between the Western Allies (led by the United States,
United Kingdom, and France) and the Soviet Union.
Here's an overview of the Berlin Blockade:
After World War II, Germany was divided into four occupation
zones, each controlled by one of the Allied powers: the United
States, the Soviet Union, the United Kingdom, and France. The
city of Berlin, located deep within the Soviet zone, was also
divided into four sectors, despite being physically surrounded by
Soviet-controlled territory.
Tensions between the Western Allies and the Soviet Union
escalated over differing ideologies and interests, leading to the
establishment of two separate German states: the Federal
Republic of Germany (West Germany) in the western zones and
the German Democratic Republic (East Germany) in the Soviet
zone.
In June 1948, the Western Allies introduced a new currency, the
Deutsche Mark, in their zones, including West Berlin. The Soviet
Union responded by imposing a blockade on all ground
transportation and supplies into West Berlin, cutting off the city
from the outside world and attempting to force the Western
Allies to abandon the city.
The Western Allies, refusing to be intimidated, launched a
massive airlift known as the Berlin Airlift to provide food, fuel,
and supplies to the isolated city. For nearly a year, from June
1948 to May 1949, cargo planes flew around the clock, delivering
vital necessities to West Berlin's residents. The airlift was a
remarkable logistical achievement and demonstrated the
determination of the Western powers to stand their ground.
Ultimately, the Soviet Union lifted the blockade in May 1949,
realizing that the blockade had failed to break the spirit of West
Berlin or the resolve of the Western Allies. The Berlin Airlift
marked a significant episode in the early years of the Cold War
and showcased the lengths to which nations would go to protect
the interests and freedoms of their allies in the face of
aggression.
The Berlin Blockade and Airlift symbolized the larger ideological
struggle between the democratic Western powers and the
communist Soviet Union, laying the foundation for the division of
Germany and the eventual establishment of the Berlin Wall in
1961.

The Nepal blockade, also known as the "Nepal-India border

blockade," refers to a period of economic disruption that
occurred between September 2015 and February 2016. During
this time, Nepal experienced severe shortages of essential goods,
including fuel, medicine, and other supplies, due to disruptions in
trade and transit routes between Nepal and India.
Here's a brief overview of the Nepal blockade:
Background:
 Nepal adopted a new constitution in September 2015,
aiming to establish a federal democratic republic and
address historical political and social issues.
 Some ethnic and indigenous groups in the southern plains
(Terai region) of Nepal expressed concerns about the new
constitution, claiming that it did not adequately address
their political representation and rights.
Blockade and Disruptions:
 Following the adoption of the new constitution, protests and
unrest erupted in the Terai region, with some groups
demanding amendments to the constitution.
  At the same time, reports emerged that Nepal was
experiencing shortages of essential goods, including fuel,
due to disruptions in trade and transit routes along the
Nepal-India border.
 Many blamed India for enforcing an unofficial blockade,
restricting the movement of goods across the border and
contributing to the shortages in Nepal.
 India denied imposing an official blockade, citing safety and
security concerns for the disruptions.
Impact:
 The blockade had a significant impact on Nepal's economy
and daily life. Hospitals faced shortages of medicine and
medical supplies, transportation was severely affected due
to fuel shortages, and there were difficulties in obtaining
basic necessities.
 The political and humanitarian crisis strained relations
between Nepal and India, leading to diplomatic tensions.
Resolution:
 Over time, diplomatic efforts and negotiations between
Nepal and India, as well as mediation by other countries
and international organizations, contributed to a gradual
easing of the crisis.
 In early 2016, as tensions began to lessen, the trade and
transit routes started to reopen, and the shortages of
essential goods in Nepal gradually subsided.
The Nepal blockade had far-reaching consequences, exposing the
vulnerability of landlocked countries to disruptions in trade
routes and highlighting the complexities of political, ethnic, and
diplomatic issues in the region. It also underscored the
importance of maintaining open and stable trade relations
between neighboring countries to ensure the well-being and
stability of their populations.