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Blockades: Acts of War
By Stephen Lendman (about the author) Page 1 of 2 page(s)
For OpEdNews: Stephen Lendman - Writer
From July 21 - 31, Joint Task Force (mostly US, but also UK, Brazil and Italy) "Operation Brimstone" large scale war games were conducted off the US East coast in the North Atlantic. Its purpose may have been to prepare for a naval blockade of Iran. Initial reports after its completion were that participating ships were deployed to Persian Gulf and Arabian and Red Sea locations to join up with the present American strike force in the region. The major media cover none of this, and US Navy sources deny it. So precise information is unclear. From what's known, however, redeployment may be planned, and a blockade may ensue. The situation remains tense and worrisome.
Under international and US law, blockades are acts of war and variously defined as:
-- surrounding a nation or objective with hostile forces;
-- measures to isolate an enemy;
-- encirclement and besieging;
-- preventing the passage in or out of supplies, military forces or aid in time of or as an act of war; and
-- an act of naval warfare to block access to an enemy's coastline and deny entry to all vessels and aircraft.
In 2009, it's believed that the International Criminal Court in the Hague will include blockades against coasts and ports as acts of war.
International law expert Professor Francis Boyle is very outspoken on this topic as well as on others of equal importance. He defines blockades under international and US law as:
-- "belligerent measures taken by a nation (to) prevent passage of vessels or aircraft to and from another country. Customary international law recognizes blockades as an act of war because of the belligerent use of force even against third party nations in enforcing the blockade. Blockades as acts of war have been recognized as such in the Declaration of Paris of 1856 and the Declaration of London of 1909 that delineate the international rules of warfare."
America approved these Declarations, so they're binding US law as well "as part of general international law and customary international law." Past US presidents, including Dwight Eisenhower and Jack Kennedy, called blockades acts of war. So has the US Supreme Court.
In Bas v. Tingy (1800), the High Court addressed the constitutionality of fighting an undeclared war. Boyle explained that it ruled that "the seizure of a French vessel (is) an act of hostility or reprisal requiring Congressional approval....The Court held that Congress pursuant to Constitutional war powers had authorized hostilities on the high seas under certain circumstances." The Court cited Talbot v. Seaman (1801) in ruling that "specific legislative authority was required in the seizure...."
In Little v. Barreme (1804), the Court held that "even an order from the President could not justify or excuse an act that violated the laws and customs of warfare. Chief Justice John Marshall wrote that a captain of a United States warship could be held personally liable in trespass for wrongfully seizing a neutral Danish ship, even though" presidential authority ordered it. Only Congress has that power. "The Court's position seems consistent with a typical trespass case, where defendants are liable even when they have a reasonable, good faith (but mistaken) belief in authority to enter on the plaintiff's land."
Boyle cites "The Prize Cases" (1863) as the most definitive Supreme Court ruling on blockades requiring congressional authorization. The case involved President Lincoln's ordering "a blockade of coastal states that had joined the Confederacy at the outset of the Civil War. The Court....explicitly (ruled) that a blockade is an act of war and is legal only if properly authorized under the Constitution." It stated:
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