V According to Oppenheim, Dz It is blocking by men of

war of the approach to the enemy coast or a part of it

for the purpose of preventing ingress and egress of
vessels or aircrafts of all nations.dz
V Sometime egress and some time ingress is prevented.
(1) Blockade inwards: to prevent supplies from other
countries, (2) Blockade outwards: to prevent any
supply from the concerned State to other States.
V In simple words, Blockade means that the ports of a
State at war are seized by another State so that there is
no external support to that State. It is purely an act of
war.
V Blocking of the approach to the enemy coast.
V Such blocking is by men of war.
V Blocking the whole or part of the enemy coast.
V Blockade is for the purpose of preventing ingress and
egress of vessels or aircrafts of all nations i.e. no
discrimination is to be made between the ships of different
countries.
V Blockade is an act of war.
V Blockade is applied to all nations including Neutral States.
V Impartiality does not mean universality i.e. State at war
may declare that blockade will not apply to certain neutral
countries.
V Blockade De facto: maintained by effective force i.e. there
is danger to vessels sailing from the State blockading.

V Blockade by notification: notified by diplomatic notice

V Paper/fictitious Blockade: no men of war were deployed till

19th century and blockade was only on papers. It means that
it is without posting a sufficient number of men-of-war on
the spot to be really able to prevent egress and ingress of
every vessel. Ex: Dutch-English blockade of France in 1689.

V Commercial Blockade: Cutting of the external commerce of

a nation.
V Pacific Blockade: during peace time as America in 1962
blockaded the Cuban Ports.

V Military/Strategic Blockade: for military purposes

V Simple and Public Blockades: in the case of former, the

captors are bound to prove the existence of a blockade
at the time of the capture; while in the case of the
latter, the claimants are held liable to prove the
discontinuance in order to protect themselves from the
penalties of alleged violation.
V Blockade must be effective: Sufficient force to be used
for blockade and it is not clear what amount of force
should be sufficient. (Declaration of Paris, 1856).
Effective blockade is opposite to ǮFictitiousǯ or so called
ǮPaperǯ Blockade. Example: Crimean War (1854): a
single British cruiser was deemed to constitute a
blockade of a Russian Port of Riga by covering a
distance of 120 miles.

V Continuous maintenance of Blockade: Warships

should remain present to enforce blockade.
V Proper establishment: blockade must be established
under the authority of a belligerent Government or a
Naval Commander specially authorised to declare a
particular Blockade.
V Impartiality: country enforcing blockade must not
discriminate in between ships of different countries. All
the ships belonging to all nations must be stopped.
V Declaration and Notification: Blockade does not come
into being ipso facto i.e. by the breach of war, it has to be
declared. It must be declared and notified to the neutral
States. In America and Britain blockade must be notified
locally and diplomatically.
V Exemption to neutral ports.

V Geographical limits of blockade area (within

which the blockade is effective): these limits
should be clearly determined and specified. If
inaccurate details are given of geographical limits,
the declaration shall not be valid and new
declaration is required.
V 'iolation of blockade is a criminal act and it is not justified
when ships concerned has no knowledge of blockade after it
has been declared and notified (ignoratia juris non excusat).
V According to Sir William Scott: to constitute a violation of
blockade, three things must be proved: (1) the existence of an
actual blockade, (2) the knowledge of the party supposed to
have been offended and (3) some act of violation has to be
over there after the commencement of blockade.
V Example: Franciska: was a Danish vessel and was captured by
British cruiser when it was on its way to Riga (a Russian Port
blockaded by Britain during Crimean War. It was held that
the plea of ignorance of the blockade in the particular case
was invalid.
CAPTURE/SEIZURE (duty not to sell the goods, otherwise
compensation to be paid)

PRODUCTION BEFORE PRIZE COURT (they are

constituted for the purpose of determining the capture and
seizure of ships in the time of war according to
international law). Decree of condemnation (capture is
lawful).

SAILORS MAY BE TEMPORARILY DETAINED AND AFTER

THE DECISION OF THE COURT THEY ARE TO BE
RELEASED.
V If the war comes to an end.
V If the country enforcing blockade withdraws the
blockade
V If there is continuous violation of blockade then it
ceases to be effective.
V When the country enforcing blockade wins.
V When the country enforcing blockade is defeated.
V When the fleet of ships enforcing blockade moves
away.