Blockades
Blockades: Their Status under International law, Effectiveness
and Impact
Pierce Young
Senior Thesis
CSU Maritime
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Abstract
Since the beginning of naval warfare, navies have used the military action of a blockade
to deny the enemy the shipment of vital supplies needed to fight. The consequences of such
blockades have almost always resulted in the suffering of the civilian population the blockade is
over due to the nature of the blockade itself to deny any ship access to a port or territory even if
they are simply transporting food or medical supplies. Today blockades are used sparsely in most
conflicts yet are still used and are seen as a viable military strategy even with the humanitarian
impact that almost always corresponds with the operation. The law of blockades which has
evolved over the last 400 years focused more on the economic impact of blockades on states
rather than the suffering of the civilian population effected. The law of blockade today has
therefore been influenced by this thinking with the many rules which must be followed having to
do with the convenience of states with humanitarian responsibilities taking precedent after World
War 2. International humanitarian law on the other hand condemns blockades completely. In the
case studies presented, the blockades in operation today and in the not so distant past have been
due to security concerns of a state with these concerns being all too real with another entity
attempting to transport weapons to a group that could cause potential harm on a blockading
state’s citizens. They have also been initiated when no other serious power in the region can
challenge the blockade militarily. A blockade, compared to other potential options, does always
accomplish the goal of stopping the armament of an enemy group and therefore has an impact on
the reduction of a conflict. This reality, however, does not give a belligerent state the right to
evade the humanitarian responsibilities that correspond with implementing a blockade.
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Introduction
I am working on the topic of the use of maritime blockades in the world today because I
want to find out their status under international law, their effectiveness as a military action, and
how civilian populations are affected by such blockades; as policy experts need to understand if
and how a blockade is justified especially if a significantly large amount of civilians suffer as a
result. I am particularly interested: understanding which cases are blockades justified under
international law, if a blockade always leads to a humanitarian crisis (through not enough food or
medical supplies getting through); and the potential places in the world where a blockade could
take place in the current international environment and the impact the blockade would have
especially since threats of blockades from certain countries, such as Iran, are extremely common
(ICG, 2018). I will answer these questions by analyzing on-going blockades today and in the last
century such as the Israeli blockade of Gaza and Lebanon, the U.S. blockade of Cuba, the Saudi
Arabian blockade of Yemen and Qatar, and the potential blockade of China by the U.S. if
hostilities were to take place. I will also analyze these blockades under the multiple lenses of
international law whether it be traditional or humanitarian and judge in which cases these on-
going and relatively recent blockades are in anyway justified especially if a humanitarian crisis is
taking place. The military action of a blockade defined as "a belligerent operation to prevent
vessels and/or aircraft of all nations, enemy as well as neutral, from entering or exiting specified
ports, airfields, or coastal areas belonging to, occupied by, or under the control of an enemy
nation” has become an action states take in this century and the second half of the last century
when there is a threat to them either existentially or a threat to their sphere of influence
(Heinegg, 1997). This reality is interesting due to the fact that a blockade has traditionally been
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used in times of war between two states and not just a state that threatens the security of another.
Therefore, the international community must decide whether or not a blockade, although being
an effective military strategy at ensuring that no weapons which can do major harm are
smuggled through to combatants, becomes unjustified when a large civilian population suffers as
a result. The lines also become blurry when a blockade is established due to a direct threat
existing which could lead to a loss of life in the civilian population of the belligerent state. What
also must be decided, therefore, is how the international community balances a state’s right to
defend themselves and their civilian population from harm, no matter how extensive, and when
the actions of defense constitute a war crime due to the extreme suffering of another civilian
population.
Blockades under International Law and Resurgence
Brief History and Terms
Although blockades have been used as an instrument of war to deny an enemy state supplies
since the times of ancient Greece, historians give the recognition of the first formal blockade to
the Dutch blockade of Flemish ports in 1584 (Heinegg, 1997). During this time no formal
international law existed on the legality of blockades and their effects on neutral states although
the blockade itself began the question of how belligerent states handle neutral states and their
rights such as due notice of a blockaded port by the belligerent state and that a blockade must be
impartial to all vessels (Fraunces, 1992). After a time, the recognition of certain rules, although
informal, began to form among the powers of Europe concerning the establishment of a blockade
on a state. These rules included adequate notice to neutral states by the belligerent state that a
blockade has been initiated, proper establishment of a blockade, effective enforcement, impartial
application, and respect for the rights of neutral states (Fraunces, 1992). Some of these general
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principles were informally established due to the number of blockades the British Empire
established during the 18th century. One of the main complaints neutral states had during this
time was the fact that Great Britain would tend to capture ships that weren’t breaching an
established blockade around a port but rather capturing the vessel if they deemed that the ships
ultimate destination was the blockaded port itself. Also, states did not want to adhere to a
blockade and thereby hindering their trade if a blockade was ineffective and could possibly be
ran. This policy of “paper blockades” taken by Great Britain severely affected neutral merchant
shipping and led some affected countries to create the first armed neutrality where they declared
that in order for a blockade to be legal, the blockade must be effective. Great Britain, however,
did not consider this principle a part of international law until the treaty of Paris was signed in
1856 (Heinegg, 1997). The principles listed that were informally part of international law
concerning the establishment of blockades was finally ratified in 1909 via the Declaration of
London. The major maritime powers met and agreed upon the only collective recognition of the
traditional law of blockade (Fraunces, 1992).
Embargo and Blockade
Many get confused with the differences between a blockade and an embargo due to the
fact that they are sometimes used interchangeably in the media and popular culture. To be
specific: an embargo is the policy of not trading with another nation and not allowing the
belligerent country’s ports or territories to be used for commerce with that nation while a
blockade is the physical closing of all international commerce through military force on certain
ports or territories of another entity (Bannerman, 2010). While both eventually cause economic
distress on the territory effected, a blockade is in of itself a military action and therefore a much
more extreme action. The phrase “economic blockade” is used interchangeably between an
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embargo and an actual blockade which causes most of the confusion. Both acts are also in many
cases widely condemned for the suffering they can cause on a civilian population. An embargo
comes under international condemnation when humanitarian relief is not exempt from the
embargo. Relief can come in the form of food, medicine, or other medical material. In the end,
however, and embargo is used much more often in order to quell a state to stop certain acts.
Sanctions and embargos in this sense have the same meanings with the difference between the
two actions are simply the scope in which they are applied. An embargo, such as the one the
United States has against Cuba, is a complete prohibition on all trade with no goods or services
allowed to be imported tor exported from the island nation. Sanctions could be considered as
“partial blockades” and ultimately have the same effect as an embargo depending on the scope
(DEC, 2017). Sanctions are an extremely useful diplomatic tool that countries such as the United
States and international organizations such as the UN use in order to make the government of a
country cooperate when they are threatening international peace and security (Gov.UK, 2016).
Ultimately, embargos along with sanctions are meant to punish the government or in some cases
a specific individual of a country with the people usually suffering as a result while blockades,
while having the same basic intent, punish the people of a country much more quickly and with
greater consequences.
Traditional Law of Blockade
The traditional law of blockade goes off what was established in the 19th and early 20th
centuries concerning what the major maritime powers agreed upon at the London Conference of
1909. The traditional law of blockade does not consider how a blockade may be affecting a
civilian population such as whether or not the blockade is directly leading to a humanitarian
crisis (Fink, 2011). The traditional law of blockade also does not take into account how naval
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technology has evolved since the late 19th and early 20th centuries. Among these technologies are
the submarine, underwater mines, airplanes, and missiles all of which make the blockading of a
relatively small area of land more difficult (Fraunces, 1992). These laws created out of the last
three centuries of naval warfare quickly fell in relevance at the outbreak of world war one. The
traditional law of blockade, although still having practical usage when dealing with the
international law of blockade, is not used as the foremost way of dealing with blockades today
unless cited by the belligerent state. The reason for this typical stance is due to the nature of the
traditional law itself. The law of blockades in this mind set came about more to keep commerce
and trade in neutral states flowing freely between themselves. A system of understanding
between the major maritime powers of Europe at the time created these laws with the importance
of commerce put above any idea of state maritime supremacy. These states did not consider that
someday the world would consider humanitarian law in their condemnation of blockades. The
idea of some sort of maritime law to control the actions of major maritime powers was of course
established in earlier cases such as the seizure of the Santa Caterina. The traditional law of
blockades could then be considered part of the new enlightenment era ideals concerning the
conception of states and the interactions between them. The laws created out of this era also
begin to note the difference in laws during times of war and in times of peace. In every account
of traditional law of blockade being used before the twentieth century, a perpetual state of war
existed with no so-called “pacific blockade” taking place.
Modern view of Blockades under International Law
The modern view of blockades under international law and the laws of naval warfare take
into account how a blockade can be affecting the civilian population of the blockading country
itself. The UN began to realize the effects a blockade can have on a civilian population and
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specifically outlawed denial of aid and food as a means of war during the fourth Geneva
Convention (ICRC, 2014). By the time of the first protocol to the Geneva Conventions in 1977;
blockades took into account the civilian impact a blockade can potentially have on a country.
Specifically, “The principles found in articles 54 and 70 represented a new view of blockade in
terms of its non-military effect, as well as a codification of customary principles acknowledged
by all nations” (Skiaire, 2011, pg.620). They realized by the time of the first gulf war how much
of an effect a blockade can have on the civilian population of a country and sought to find the
best way to give aid to the Iraqi population when the blockade there was established during the
conflict (Skiaire, 2011). The coalition blockade against Iraq brought a number of questions about
the obligations of belligerent states to adhere to the Geneva Convention while attempting a
blockade and the power of the UN Security Council when they operate in such a way that can
supersede customary international law. The first protocol to the Geneva Convention was of
course cited in the case of the blockade and required the blockade to automatically allow
humanitarian assistance into the country. Blockades today are therefore observed almost
exclusively for their humanitarian impact thanks to the international humanitarian laws such as
the Geneva Conventions which have been developed since the Second World War.
The San Remo Manual
Probably the most in depth, modern, and authoritative publication concerning the laws of
modern-day naval warfare, which include blockades, is the San Remo Manual. The manual was
prepared by, “a group of legal and naval experts participating in their personal capacity in a
series of round tables convened by the International Institute of Humanitarian Law” (ICRC,
1995). The manual describes in length what makes a blockade, the actions states must take in
order to make a blockade legal, and when a blockade becomes illegal and can potentially amount
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to a war crime. According to the Manual, a blockading state becomes illegal when one or more
of the following takes place: a.) a blockade is not declared and notified to all belligerents and
neutral states, b.) the declaration does not specify the commencement, duration, location, and
extent of the blockade and the period within which vessels of neutral states may leave the
blockaded coast, c.) the blockade is deemed non-effective, d.) the blockade bars coasts and ports
of neutral states, e.) the blockade is not impartial to the vessels of all states (Cambridge
University Press, 1994). The rules just listed were previously agreed upon by the major maritime
powers more than two centuries beforehand. The manual goes on and lists the extended
provisions a belligerent state must take concerning the humanitarian impact a blockade almost
always has on the civilian population of a country. The manual states that the declaration or
establishment of a blockade is prohibited if: (a) it has the sole purpose of starving the civilian
population or denying it other objects essential for its survival; or (b) the damage to the civilian
population is, or may be expected to be, excessive in relation to the concrete and direct military
advantage anticipated from the blockade. 103. If the civilian population of the blockaded
territory is inadequately provided with food and other objects essential for its survival, the
blockading party must provide for free passage of such foodstuffs and other essential supplies,
subject to: (a) the right to prescribe the technical arrangements, including search, under which
such passage is permitted; and (b) the condition that the distribution of such supplies shall be
made under the local supervision of a Protecting Power or a humanitarian organization which
offers guarantees of impartiality, such as the International Committee of the Red Cross. 104. The
blockading belligerent shall allow the passage of medical supplies for the civilian population or
for the wounded and sick members of armed forces, subject to the right to prescribe technical
arrangements, including search, under which such passage is permitted (Cambridge University
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Press, 1994). The Blockades taking place in the world today are usually condemned due to the
fact that they are seen as excessive in terms of military gain to impact on civilian lives. The
belligerent country, however, never sees their actions as excessive especially if they believe their
own civilian would face violence if the blockade were not in place. Also, the intention of a
blockade to specifically starve a civilian population seems to be hard to prove especially if
blockades have been used when there is a specific security threat to the belligerent state. All
blockades today also exist in a state where a war is not officially declared between the belligerent
and blockaded state.
Resurgence in Use
The use of a blockade as a viable action when a traditional conflict between two states is
not taking place has had a surge in the post-world war 2 world. In the major naval blockades
which have taken place in the world today, there have only been two, one recent and one in the
last century, which have actually been directed towards a state itself. The rest have been enforced
against a militant group not operating under the authority of a state, although they have the
support both in ideology and materials from one or multiple states (Ben-david, 2015) (Rai,
2018). These groups, in every case, pose an extremely serious threat to the lives of the civilians
belonging to the belligerent, blockading state. The navies of such countries have decided that the
action of an effective and enforced blockade on a portion of territory controlled by these militant
groups is the most viable option for the halting of attacks for reasons which seem clear in the
context of the situation the belligerent states are in. Blockades are basically an artificially created
border. They stop any materials from getting through without a thorough inspection first and
limit what and who can seek access within the country. They are also much easier to carry out
compared to other viable options which stop armed attacks from a militant group. One option is
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an occupation that can put the lives of a greater amount of people, both civilians and armed
personnel, in danger (Edelstein, 2004). Besides their effectiveness at actually stopping arms and
other weapons from being transported to a port or stretch of territory, blockades can show who is
a power in that particular region where the operation is taking place. Blockades in their recent
use have happened where there was no serious threat to them ending from armed resistance.
Israel, Saudi Arabia, and the United States all have strong militaries which can project their
power in their regions if need be. Israel by far has the best military in the region with their
effectiveness as a fighting force and technological capabilities, much of which is financed by the
United States, making up for their limitations of manpower and size (Heritage, 2018). The
blockade of Gaza displays this reality to other states surrounding the country and even ones
farther away: particularly Iran. Saudi Arabia, who is the de facto leader of the Gulf Cooperation
Council, also has a great amount of military power projection thanks in a large part to the huge
amount they spend on their military and U.S. arms sales to the country (Heritage, 2018). The
current blockade of Yemen is a recognition to Saudi military power within the region.
Case Studies on Modern Blockades
Israeli blockade of Gaza and Lebanon
One of the most controversial and widely condemned blockades taking place today is the
Israeli blockade of the Gaza Strip. Since June of 2007 the state of Israel has put in place a naval
blockade of the entire Gaza Strip. The blockade is in place due to the claim of the Israeli
government that the terrorist organization Hamas has been attempting to smuggle weapons into
the Gaza Strip with the intent to attack both civilian and military infrastructure in Israel. Israel’s
claim is credible in this case due to the number of terrorist attacks against Israeli civilians since
Hamas took over the Gaza Strip and due to the evidence provided that Iran actively tries to
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supply Hamas with weapons (Ben-David, 2015) (Levin, 2018). Information provided by Israel
and their agents across the Mediterranean show how weapons would more than likely continue to
be smuggled into the Gaza Strip if a blockade was not in place. Hamas in their 2014 conflict with
Israel received rockets from Iran and Syria via Iranian naval ships dropping them off in Sudanese
or Syrian ports where they were subsequently smuggled to the Egyptian-Gaza border and then
transported underground through tunnels into Gaza (Ben-David, 2015). The Islamic Republic of
Iran has not been shy in their remarks supporting the cause of the Palestinians and giving support
to Hamas while simultaneously calling for the destruction of Israel who they refer to as “Little
Satan” while the United States is “Great Satan” (Levin, 2018). Knowing this information may
give one the idea that blockading Gaza could be a simple and justified act taken by the Israeli
Navy.
Condemnation of Israel and Legality of the Blockade
Since the implementation of the blockade, however, Gaza is facing one of the worst
humanitarian crises in the world today. According to the United Nations Office for the
Coordination of Humanitarian Affairs, of the 1.9 million Palestinians living in Gaza around 1.3
million of them are in need of humanitarian assistance (UNOCHA, 2016). The UN has blamed
the crisis almost completely on the coordinated land and sea blockade Israel and Egypt have
implemented on the Gaza Strip. The legality of the naval blockade itself is in question due to the
crisis and incidents where people have tried to breach the blockade such as the Mavi Marmara
incident in May of 2010. An outcry has also taken place among the international community
about the rights of fisherman in Gaza to be able to fish in the waters they have used for
generations. In response to the attempts by Palestinians to set fire to Israeli land via incendiary
kites and balloons, Israel has set increased measures on the blockade including limiting the
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extent of fishing in the Mediterranean from 6 nautical miles to 9. On July 9th of this year, the
Israeli government also restricted all exports coming out of Gaza and all imports except
humanitarian equipment such as food and medicine (ICG, 2018) Israel, for the most part and
despite the new restrictions in place, is completely following the traditional law concerning
blockades. They have followed every guideline needed such as announcing the blockade to
neutral states, being impartial with their seizure of ships attempting to run the blockade, and not
extending the blockade to ports of neutral states (Fink, 2011). The conflict through the lens of
international humanitarian law, however, is a far cry from the traditional. The first argument one
can make that the Israeli blockade is not following current international law is whether the
blockade, which by technicality has to be part of a larger international conflict, can be
implemented on a territory containing a hostile armed group not considered a state. Russell
Buchan makes the argument that because Palestine clearly isn’t a state under international law,
that Hamas does not follow the rules of war, that the Gaza Strip isn’t Israeli territory, and there is
no third-party actor: the blockade isn’t in place due to an international conflict and therefore not
following customary international law in that sense (Buchan, 2011). Another argument, and by
far the one with the most research and international attention, is that the blockade is in place
because Israel is trying to collectively punish the population of Gaza. Although Israel claims that
the blockade is in place due to the current security situation, the Hudson-Philips report on the
current situation in Gaza rejects that statement and instead make the claim that the blockade
itself is in place to collectively punish the population of Gaza for voting on Hamas in their
elections (Fink, 2011). Israel, in their defense, has attempted to give aid to Palestinians in the
Gaza strip on multiple occasions and allows humanitarian supplies and building materials to be
transported into the Gaza Strip (IMFA, 2012) (JVL, 2018). The Turkel-Commission, written
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after the Hudson-Phillips report, refutes this condemnation: stating that, “There is nothing in the
Red Cross’ Customary International Law Study that in any way connects the idea of ‘collective
punishment’ with a naval blockade or siege warfare On the contrary, the Study states that ‘the
prohibition of starvation as a method of warfare does not prohibit the imposition of a naval
blockade as long as the purpose is to achieve a military objective and not to starve a civilian
population” (Fink, 2011).
Developments for the Blockade to End
In order for the blockade to end and therefore ease the humanitarian crisis, a number of
developments must take place concerning the on-going conflict. These developments must
happen due to the fact that the Israeli navy cannot be materially challenged in the region in the
current atmosphere. The Israeli Navy has a number of capable ships available in their arsenal
including fast intercept craft and patrol boats, Saar-5 class Corvettes, and Dolphin class
submarines all of which are perfect for Israeli defensive needs at the moment (Cropsey, 2016).
Israel has also developed a Sonar based AquaShield Defense System near the Gaza and Lebanese
borders. This underwater sensor of this system detects hostile movement underwater up to 1000
meters if there were any open-circuit divers attempting to infiltrate Israeli territory (Weiss,
2016). Recent attempts by Hamas to end the blockade of Gaza have all ended in failure for the
militant group. The group attempted to bring recognition of the blockade by starting
demonstrations along the border with Israel along with other factions and the Gaza civil society
and then began to support groups and individuals to launch kites and balloons to set fire to fields
just adjacent with Israel. Israel, throughout this time, has been bombing Hamas targets in Gaza to
deter the group from supporting the protests and launching these incendiary kites into Israel. The
group at first didn’t respond to these strikes in the hope that the protests would bring enough
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international pressure on Israel to end the blockade itself. As the strikes increased, however,
Hamas along with the Islamic Jihad began shooting rockets indiscriminately into Israel as to not
seem like they would simply absorb the strikes without a response (ICG, 2018). The Israeli-
Palestinian conflict being, many would argue, the most complicated and most difficult to end
international dispute in the world today must show some compromise for Israel to stop any kind
of military action against Hamas in the Gaza Strip. Since Israel has a greater military force, and
generally does not easily change their policies on security concerning the West Bank and Gaza
even after widespread international condemnation, Hamas will need to agree to at least some
concessions for Israel to ease the blockade (USDS, 2017). Hamas, Israel argues, must end their
missile attacks against Israel and their divine mandate to destroy the state of Israel. Hamas may
yet go in that direction after the last decade of movement from a militant group to more of
political group which still has terrorist tendencies. The group is, however, split between the
extremist viewpoints and the more pragmatic members (Long, 2009). Their rivalry with the PA
and their complete control of Gaza makes sure that Israel will need to deal with the group in
order for the blockade to end. Others argue that only the complete end of the blockade itself
would be a huge step at bringing bring peace to the territory, although extremely unlikely when
one looks at the traditional security policies of the Israeli government (Bannerman, 2010). A
cease-fire between Israel and Hamas would do much to ease the blockade and the amount of
suffering the people of Gaza are going through. The likelihood of such a cease-fire is not likely
due to a number of factors. These include the reality that neither side is willing to sacrifice too
much in any agreement with the other. What Israel would want is the disarmament of Hamas; the
release of Israelis and some of their remains without an exchange; and a commitment to a cease-
fire not just in the Gaza Strip but in the West Bank as well (ICG, 2018). Hamas would not agree
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to any of these conditions. Hamas will continue to establish themselves in the West Bank as long
as Israel is continuing to build settlements in the territory. There is a possible deal that could
make the PA the head governmental body within the Gaza Strip. This plan would make a more
acceptable partner to work with in Gaza for Israel and would more than likely create some easing
of the blockade. The major problems with this plan is that Hamas would not attempt to disarm
themselves even after a deal is reached and would still try to undermine PA leadership in Gaza
and the West Bank. Plus Israel would not fully lift the blockade even under the best of these
circumstances with only a partial lifting being viable at best (ICG, 2018).
Israeli Blockade of Lebanon
The blockade of Lebanon by the Israeli naval forces during the Israeli-Lebanese war is
entirely distinct from the on-going blockade of Gaza today. The major difference is the fact that
Hezbollah launched a significant and threatening offence against Israeli forces before prompting
the blockade to be established (Schmitt, 2008). Israel cited their right of self -defense as soon as
the Israeli military began their invasion into southern Lebanon during operation “Change
Direction”. Israel then immediately sent their ambassador of the UN to Security Council and
Secretary-General to set forth the legal basis for the operation (Schmitt, 2008). The conflict was
not international in character even though the Lebanese government of the time was technically
in control of the country and Israel blamed the conflict both on the Lebanese government, Iran,
and Syria. Hezbollah was the group responsible for the attacks against Israeli installations,
making the blockade questionable in legality under the San Remo Manual (Buchan, 2011). Even
with this argument, the blockade is justified since there was an on-going armed conflict taking
place with more than one state contributing to the attacks. Israel also filled every other obligation
needed to make the blockade legal under the San Remo Manual. They let states who were
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trading with Lebanon know that there was an established blockade, although the fact that one
was established was known to all states when it took place. They were also impartial to all
vessels due to the all too real threat of weapons being smuggled in from both Iran and Syria. The
blockades effectiveness can also be cited. The extremely short amount of time the blockade was
in place, about two months, also makes the chance that food and humanitarian supplies for the
civilian population of Lebanon did not have such a shortage which could lead to a crisis.
Saudi Arabia’s Blockade of Qatar and Yemen
Beginning with the blockade of Qatar by Saudi Arabia; the blockade was put in place to,
according to Saudi Arabia and other Gulf States, to punish Qatar due to the accusation that the
country was both supporting Iran and providing funds towards Islamic militants (Murphy, 2017).
Disagreements between Saudi Arabia and the blockading Gulf States including the UAE,
Bahrain, and their ally, Egypt; are more likely reason for the blockade taking place. The
blockade is something of an anomaly. Neither side considers the action as an act of war with
neither side also wanting any hostilities to escalate more than they already are. Saudi Arabia and
other members of the coalition seem to be on the losing side of the situation. Qatar does not pose
an existential threat to Saudi Arabia or any other of the countries part of the coalition. From a
political standpoint, the blockade has seemed to do the exact opposite effect from what the
blockading states intended. Although Qatar has taken severe financial costs as a result of the
blockade, they have also begun a closer relationship to Saudi Arabia’s rival: Iran. Trade between
Qatar and Iran increased to 2 billion dollars the past two years (Kabalan, 2018). Of all the
blockades mentioned, the one taken by Saudi Arabia and its allies against Qatar is the most
unjustified. The coalition thought they can simply bully Qatar into submission and would have
more support if they could simply paint the situation as a part of global war on terror. Qatar
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posed no security threat to other gulf states: which in the end is the deciding factor that the
blockade was unjustified.
Saudi Blockade of Yemen
Yemen is home to one of the worst humanitarian disasters in the world today. Although the
Saudi blockade of Yemen is not the only reason why the humanitarian disaster exists, the
blockade has without a doubt increased the scope of the crisis and the suffering of civilians
within the state of Yemen (HRW, 2012). Since the war and subsequent blockade began, at least
2.3 million Yemenis have been displaced with more than 22 million requiring humanitarian
assistance (Cambanis and Hanna, 2018). The question that must be asked is whether this crisis
outweighs the military gains the Saudis get from implementing the blockade and if the blockade
itself is in violation of the international law of blockades. The San Remo manual, as mentioned
earlier, is the most modern document written about the international law of naval blockades.
When one goes through the manual, Saudi forces appear to follow most of the guidelines of
international law such as the blockade being impartial to the vessels of all states, and the
knowledge that a blockade is in place communicated to all states. (Cambridge University Press,
1994). One of the main arguments which could be made is that the blockade is in place due to the
sole intention of the Saudis wanting to starve the population in Houthi controlled areas. Another
argument that could question the legality of the blockade is whether or not the humanitarian
crisis taking place outweighs the military gains Saudi Arabia receives from carrying out the
blockade. Taking into account the political situation in the Middle East at the moment, this claim
loses its validness. Iran, a longtime rival of Saudi Arabia, has been supplying the Houthis with
weapons and other military support due to the benefits Iran would see by having a strategic ally
bordering the state of Saudi Arabia (Rai, 2018) (ICG, 2018). Another factor that must be
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brought to attention is the fact that the Houthis commonly send rockets into Saudi territory where
they are indiscriminately fired at civilians. Airports which are used specifically for civilian travel
are commonly targeted by the rebel group (Blaine, 2018). This reality is obviously a threat to
Saudi Arabia and their civilian population and dispels any claim one can have that Saudi Arabia
has the blockade in place only to specifically starve the civilian population in Yemen, although a
valid argument can be made that the Saudi government is intentionally blockading the country in
order to quell the population as a whole whether they be an armed group or not (Mundy, 2018)
The other more important reason the Saudi navy is blockading the ports of Yemen is to of course
win the war for the legitimate government of Yemen who are majority Sunni. The broader
geopolitical strategy of Saudi Arabia is to make sure such an ally of Iran does not gain power on
the border with the kingdom (Guzansky and Heisteain, 2018). The Saudi military must make
into account, however, that the civilian population of Yemen depends on outside imports for
around 80% to 90% of their food, medicine, and fuel (HRW, 2017). The country is also in direct
violation of the Geneva Convention to which they are a member of. They are specifically in
violation of articles 48 and 52 which require member states to distinguish between civilian and
military objective and to prevent unnecessary suffering by civilians during a conflict (Kefi,
2018). Their indiscriminate airstrikes against civilian infrastructure must also end. The blockade
will more than likely stay in place until the end of the conflict which is nowhere in sight. Until
then Saudi Arabia must allow for a greater flow of humanitarian aid to the region through
Yemeni ports. This easing of restrictions is apparent since the Saudi-led coalition blocked the
port of Hodeidah in 2015 through which over 80% of the country’s food, fuel, and medicine is
imported from. Since then the blockading forces only let the port be used at varying degrees of
restrictions (CLSHRC, 2018). The Saudi navy must ease more of these restrictions if they really
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want to be seen as a state simply defending themselves and their interests rather than a
belligerent state attempting to starve a suffering population. The San Remo Manual would make
the blockade illegal in this since although not many have cited this position. The U.S will also
still support Saudi Arabia with weapons and other military equipment unless of course recent
actions taken by Saudi Arabia change the U.S. policy of weapons sales toward the kingdom. If
the U.S. does not take this course of action, the conflict will more than likely prolong for years to
come. President Trump has already made a statement demanding that the Saudi government ease
the blockade enough for more humanitarian assistance to enter the country. Further statements
similar to the one mentioned from the current administration will do much to ensure the public
that the U.S. does not support a campaign that internationally starves a civilian population into
submission (Cambanis and Hanna, 2018). Saudi Arabia, for the conflict to end, must either help
the government of Yemen fully defeat the Houthis or make an agreement with them in order to
end all hostilities. The population of Yemen would then need to have a legitimate government
put in place or else the fighting would start again: much like the attempt at creating changes in
the government before the civil war which most people in the country still saw as illegitimate
(Salisbury, 2018). The international players who would help in a transition to a legitimate
government would need to accept the extreme complexities of governance in Yemen as they
stand today and the fact that they would need to embrace the local governance of many areas in
Yemen in order to make the transition more realistic. The major players involved in Yemen
would need to accept to some kind of cease-fire to make such a transition work in the first place
(Salisbury, 2018). This goal looks to be far into the future especially with the actions all sides
have taken. The Houthis have also banned a number of aid agencies who wish to help the
starving Yemen population (The New Arab, 2018). The rebel group particularly stopped food
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and aid from entering the city of Ta’izz where a majority of civilian deaths took place due to
their indiscriminate shelling (UN, 2018). The Saudi government therefore does not take all of the
blame for the shortage of food and other humanitarian supplies when it comes to the suffering of
the population of Yemen. Saudi Arabia, the government of Yemen, and the Houthis will, until
peace comes, continue to mount up war-crimes against the suffering civilian population of
Yemen.
U.S. Blockade of Cuba
Although the U.S. government uses the term embargo as the policy for their actions against
the economy of Cuba, the definition of a blockade clearly shows that the actions the U.S. took
was both a blockade and an embargo, the latter which is ongoing to this day (Shneyer, 1981).
One of the most interesting aspects of this blockade compared to others in more modern times is
that not only did the blockade start when there was no official or unofficial war between the U.S.
and Cuba, but the blockade started when there were absolutely no armed hostilities between the
U.S. and Cuba unlike the blockades of Israel and Saudi Arabia. The blockade began in 1961 and
lasted with the greatest amount of enforcement in the 20 years after. The reason for such a
blockade was the fact that the communist government led by Fidel Castro took over the Island
and began setting up their communist regime (Shneyer, 1981). The Cuban Missile Crisis of 1962
also helped to increase the aggression of a United States blockade of Cuba due to the obvious
threat the country had to the security of the U.S. During that time, many states made the claim
that the fact that the U.S. began a blockade of Cuba meant an act of war was therefore
established between the U.S. and Cuba on the grounds that a blockade was a wartime action. The
U.S. argued, however, that making such a declaration wasn’t in either of the countries’ best
interests even though there was a buildup of military potential in Cuba at the time the blockade
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began (Meeker and Katzenbach, 1962). The blockade worked of course with no more weapons
of mass destruction reaching Cuba and the Soviet Union willing to reach an agreement with the
United States. Kennedy and Krushchev agreed that the missiles would leave Cuba if the U.S.
removed their weapons from Turkey and that the U.S. would not attempt an invasion of Cuba
(Getchell, 2015). The U.S. blockade, however, faced trouble in justification thanks to the UN
Charter that has certain qualifications for a state to use force. If the San Remo manual was
written before or during the U.S. blockade of Cuba, the blockade would be illegal under the
international law of blockades. The blockade follows every rule that makes a blockade legal
except the fact that the blockade seemed to intentionally harm the civilian population (Partyka,
2014). The United States took this stance, according to Nicholas Partyka of the Hampton
Institute, in order, “to bring enough hardship and suffering to everyday Cubans so as to foment
discontent, and ideally to bring about through suffering a revolution ousting the Castro
government. The idea was to create conditions of deprivation - ie. starvation, lack of medicine,
etc. - in order to motivate the masses of the Cuban people to turn against the new government
and back towards leaders seen as friendlier to US interests” (Partyka, 2014, para. 7). Another
condemnation is the embargo which by far hurts the world economy who experienced a 130
billion dollar hit in 2016 thanks to the embargo (Alvarez, 2017). The United States government
should therefore admit that the blockade of Cuba was a wrong in the eyes of international law.
The Castro government showed no signs of weakening while the blockade was taking place and
only furthered their stance that the U.S. was directly threatening the regime and the people of
Cuba. An opening of relations between the U.S. and Cuba by the Obama administration is a great
step towards ending the embargo, although the Trump Administration has set in place many
restrictions lifted by the former administration (Felter and Renwick, 2018). Another blockade of
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the island doesn’t look likely due to the warming of relations the Cuban and U.S. governments
have had this century. A conflict between the United States and Cuba that would escalate to a
blockade of the island nation by the U.S. Navy would not take place even with the country being
one of the least free nations in the world according to Freedom House (Freedom House, 2017).
This lack of freedoms being in political rights and civil liberties. This display of The Cuban
people are also, according to a poll carried out by PEW, have a 97% approval rate of the easing
of relations between their government and U.S. (Felter and Renwick, 2018). The UN general
assembly has also condemned the U.S. embargo of Cuba for the twenty-fifth consecutive year.
Potential Blockades
U.S. Blockading China
The U.S. military has a plan of action for every potential conflict in the world today. The
U.S. ‘pivot’ to Asia is expected to bring more military assets to the region with around 60% of
the U.S. navy and air force projected to be in the Asia-Pacific region by 2020 (Krepinevich,
2015). Although a linked defense along the first island chain would be best the best bet to deny
Chinese aggression, a blockade is definitely an action the U.S. navy would take if aggression
turned into open conflict. A conflict, although questionable in probability due to one of the most
productive economic institutions in the world today taking place between the U.S. and China, is
not infeasible and with both sides having their own strategies to defeat the other. Part of the U.S.
strategy to defeating China in an armed conflict would be to create instability within China to
weaken the legitimacy of the government in the eyes of the Chinese people. The military
advantage of making sure that the Chinese armed forces won't be supplied with oil is a smaller
gain compared to the political turmoil that would take place within the state of China (Farley,
2018). The blockade of China by the U.S. navy would be devastating for the Chinese people. In
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2013 China imported approximately 64.5% of their crude oil consumption (Zang, 2014). China
also does not have any real reactionary force to combat the U.S. navy, although they have been
trying to build one in recent years. The impact such a blockade would have on China thanks to
the blockade alone is something China also takes into account. According to Xunchao Zhang of
ANU, “…a preliminary estimate that an energy blockade cutting off all 87% of oil imports that
came by sea (that is, rather than overland or by river) would cause a direct reduction of 6.6% to
the Chinese GDP (as measured by purchasing power parities), a figure equivalent to the size of
the Australian economy” (Zhang, 2014). These projections should be a major deterrent for China
if they are thinking about starting a conflict in the region. That is, of course, if the United States
Navy is capable at completely quelling the Chinese navy to such a point. The Chinese Navy
currently consists of over 330 surface ships and 66 submarines with the United States Navy
consisting of 211 surface ships and 72 submarines (Fanell, 2018). By, 2030, however, the
Chinese Navy is estimated to be expanded to 450 surface ships and 99 submarines: posing a
much more serious threat to the U.S. Navy stationed in the region. This rise in Chinese Naval
forces will continue far into this century thanks to the ongoing “Belt and Road Initiative” of the
Chinese government. The plan, which of course involves the global expansion and national
rejuvenation of China, also involves the Chinese Navy in order to expand China’s interior lines
out into the maritime domain (Fanell, 2018).
Legality of a Blockade of China and Likelihood of Success
The question is that if a conflict would take place, how justified would a blockade be
under international law. An armed conflict would seem to justify a blockade both in traditional
and humanitarian law. The United States certainly has the power to make the blockade effective,
impartial, and knowledgeable to all nations once the armed opposition to the operation could be
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quelled. One of the main criticisms against a blockade would be if the action creates a
humanitarian crisis in an extreme scope: particularly if major starvation could take place. The
Chinese government has historically sought to make food production as domestic as possible. A
plan established in 1996 was made by the government in order to try and make the country
produce 95% of their needs for grains including wheat, rice, and corn (China Power Team,
2017). The only problem the Chinese would face in terms of food security is their lack of meat
and other types of crops that are vital to feed the massive amounts of livestock China has due to
an increase in consumption among the people in China of both meat and dairy products (China
Power Team, 2017). Although an outcry would take place among some in the international
community due to this hypothetical blockade contributing to the decrease of food security among
a civilian population; China would be able to feed most of their population thanks to their
domestic production of major grains. The U.S. would have all of their legal rights, therefore, of a
blockade if one were to take place against China. For the blockade to end, the hypothetical
conflict with China would have to end. The conflict in this case would end either with a U.S. or
Chinese victory over each other. For the United States; the best-case scenario for a victory would
be to undermine the grip the CCP has on the governance of the Chinese people. The actions the
U.S. could take in this respect would be to humiliate the Chinese military in war, destroy a
significant amount if the PLAN and the PLAAF, and to cause significant economic stress in the
country itself (Farley, 2018). For China, a victory would be to a removal of the alliance
framework the U.S. has in the region. The U.S. would not be able to realistically keep on fighting
if allies such as Japan, South Korea, Taiwan, and the Philippines no longer want anything to do
with the ongoing conflict. Even of the conflict ends, the main reasons the conflict started would
remain in place. China is still a rising country and would replace their forces lost in the conflict
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within the decade (Farley, 2018). The U.S. would also find it hard to replace their forces lost
during the conflict due to their use of a much more advanced and therefore expensive technology
used in warfare. Depending on the outcome too, public support would be negative with many
crying for the removal of forces in the region (Farley, 2018).
Potential blockade of Greece by Turkey if conflicts were to arise
Another potential region where a blockade would take place is another area where a large-
scale conflict international conflict can potentially happen. Even though both Greece and Turkey
are members of NATO, animosity between the two countries is still ever present. Greece after all
won their independence from the Ottoman Empire in 1821 and have had multiple conflicts take
place between them such as the Greco-Turkey war in the early 1920s (Vassalotti, 2011). The
main reasons there is such a chance for conflict today, besides cultural distrust and claims of
discrimination taking place in both countries where a significant minority of each ethnicity is
present, is the dispute between the two countries concerning resources in the Aegean Sea and the
dispute over the Turkish presence in Cyprus. The dispute between Greece and Turkey
concerning resources in the Aegean Sea stems from the question of where the EEZ of Greece and
Cyprus meet and who has claim to the vast oil deposits found in the Aegean. The dispute began
when Turkey created a map which illustrated where Turkey planned to explore for oil and other
research. Greece made the claim that the median line separating the Greek and Turkish zones did
not take into account Greece’s eastern islands (Vassalotti, 2011). Greece claims that every island
is entitled to its own continental shelf and that the delimitation line done by Turkey is contrary to
international law. Turkey, who is not a member of UNCLOS specifically for this reason, claims
that if Greece was to have rights to the continental shelves of their islands, an estimated 97% of
the Aegean Sea bed would belong to Greece (Vassalotti, 2011). The dispute could be solved
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through bi-lateral negotiations between the two nations and the potential for a conflict to arise
would be extremely unlikely if Turkey would be able to successfully join the EU in the coming
years. A larger and arguably more difficult dispute which could lead to an armed conflict and
subsequent blockade of Greece by Turkey is the dispute over the island and country of Cyprus.
The dispute of course started when Turkey invaded Cyprus in 1974 due to the existence of a
significant Turkish population on the island. Today the cries for Greek Cypriot union with
Greece has somewhat halted but remains large in the minds of the citizens of both sides of
Cyprus even though Greek Cyprus is an independent state (Kaloudis, 1999). If clashes were to
take place between Turkish and Greek Cypriots, Turkey and Greece would certainly come to the
aid of their ethnic sides: thereby exacerbating the conflict. In order for the conflict to not take
place at all and therefore no armed hostilities or need of a blockade, both the Aegean Sea dispute
and the problem of Cyprus must be solved.
Armed escalation and subsequent operations
A conflict between the two countries would be difficult for both sides due to the military
defenses both already have in case such an event was to take place. Turkey by far has the ability
to blockade major sections of the main Greek coastline if an armed conflict were to take place
between the two nations. Turkey at the moment has the upper hand in naval capacity for several
reasons which would therefore make a blockade feasible. The Turkish Navy currently has an
advanced navy and plans of expansion for further power projection in the Mediterranean. The
country, by the year 2020, is expected to have 20 frigates/destroyers, 11 submarines, 7 corvettes,
and 19 fast attack missile crafts with the number of all naval crafts expected to rise (Kaymal,
2017). With the large number of cuts in military spending by Greece due to the economic
depression which has plagued the country for years, Greece has a problem challenging the
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Turkish navy in this respect. Greece can, however, put up a powerful defense against such a
blockade if one were to take place. In this hypothetical conflict, both sides would take massive
losses with the conflict hopefully ending quickly thanks to the intervention of both the U.S. and
NATO. The bulk of the fighting would be between the air assets of each of the respective
countries (CIA, 1983). After this escalation of aerial combat; Greece would attempt to reinforce
their islands and keep open their supply lines to these bases where a Turkish attack would be
imminent. In the meantime, Turkey would have to create an effective blockade of Greece with
the challenge of making sure no ships get passed the Turkish fleet. In all likelihood, the Turkish
navy would only be able to ensure a blockade and stop Greek supply lines for a short and
sporadic amount of times before Greece could break the operation (CIA, 1983). Turkey could
therefore not be able to have a justifiable blockade of Greece under international law for this
very reason. If ships could easily slip past a Turkish blockade, then the blockade is without a
doubt illegal under the international law of blockades. The best-case scenario would be for
Greece and Turkey to come to an agreement of both the dispute over the Aegean Sea and the
Cyprus question and avoid the main reasons for an armed conflict to start in the first place.
Turkey joining UNCLOS would certainly lead to settlement of the Aegean dispute. The Cyprus
problem, however, will be much more difficult to solve and will be a major thorn in the progress
of Turkey and Greece to ease the historically bitter relationship with one another.
Potential blockade of North Korea by the U.S.
Once again, the United States military has a plan when it comes to the chances of a
conflict with another high-risk country. In this case one of the highest risk countries of all: North
Korea. A naval blockade of North Korea by the U.S. is feasible due to, once again, the fact that
the U.S. has and is continuing to put more and more of their naval assets towards East Asia.
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Before a full-scale conflict would even start, the U.S. would plausibly be blockading several
North Korean ports in order to ensure that the sanctions in place are upheld. A full-scale war
with the chance of a nuclear attack against the United States is obviously not the best nor
extremely likely event to take place at the moment; a blockade on the other hand can be a tool
used to ensure North Korean cooperation. The blockade which would take place before a conflict
would start would be more complicated than one could expect yet would still be legal under the
international law of blockades. The U.S., and naval vessels of other navies, would certainly be
able to stop a large amount of vessels coming into the northern part of the Korean peninsula
especially if there are only a limited amount of ports to block. The blockade would be impartial
due to potential fears of smuggling and the fact that the point of the blockade would be to stop
any ship from entering or leaving the ports. A blockade of this kind would certainly get the
attention of the world; not needing the U.S. to tell all countries that the blockade is taking place,
although the U.S. would more than likely take this course of action out of courtesy. The
foreseeable problem with this blockade, is the North Korean response to such a military action
and cooperation of the regime’s neighbors. A blockade is still traditionally seen by many as an
act of war done by the belligerent state. North Korea could then us the action as an excuse to
attack the vessels in the blockade and other ships in the region (O’hanlon, 2018). If they were to
take these actions, there would most certainly be a response from U.S. forces stationed in the
region. The Navy of North Korea, however, is ill equipped to offer any sort of resistance to the
U.S. Navy in the region. The North Korean navy is most behind on modernization compared to
the rest of the North Korean military. North Korean submarines, however, may pose a problem
to this hypothetical blockade as evidenced by the successful attack on the ROK warship the
CHEONEN (DOD, 2012). The rest of the conventional forces of North Korea can put up a
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serious defense if the country chose to take up arms against the blockade established by the
United States. This threat would come from missiles launched from land and the aircraft the
North Koreans can potentially send if the United States ever takes this action. If North Korea
decides to take massive retaliatory actions against the blockade, then the opening of further
conflict would certainly start. A complete blockade of North Korea, however, would need the
support of both Russia and China in order to for the naval blockade to be complete in the
operation’s success. This support would more than likely not be given by either country. In the
Korean war of 1950-1953; the U.S. Navy, Royal Navy, and Royal Australian Navy all attempted
a blockade of the peninsula which was thwarted thanks to Russia and China sending assistance to
North Korea through their land borders (Stangarone, 2018). Ships would also simply pass
through the waters of Russian and China where they would then head towards North Korean
ports. The likelihood that Russian and China would accept the blockade to be expanded into their
territorial waters and that they would also blockade the North Korean state is absurd considering
the geopolitical strategies of both countries. This reality is especially true considering that a
major shipping route passes through the yellow sea which is extremely close to the Korean coast
line. Any complications to this route, especially a conflict initiated by North Korea, would put
this route in jeopardy which would have dire economic consequences for both China and the
United States (Stangarone, 2018).
Legality of North Korean Blockade
Since the chances that the United States and North Korea would start a regional conflict
if a blockade would be established off of the coast of North Korea; the blockade would be seen
through the lens of an active armed conflict rather than the blockades of Gaza and Cuba. The
blockade would remain legal throughout whatever conflict starts and would actually be more
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justified under the international law of blockades due to the actual use of violence by the
blockaded state against the belligerent state or the U.S. and allies in this case. Beforehand the
blockade would find justification in almost every part of the San Remo Manual, including the
fact that the blockade is on a state who is a large threat to regional stability, except possibly the
factor of humanitarian aid shipment being halted by the blockade (Cambridge University Press,
1994). The fact that the population of North Korea is severely malnourished thanks to
generational starvation is no secret to the world. Life is extremely challenging for the vast
majority of North Koreans with the sanctions already in place against the nation having
unintended consequences against them (UN New, 2018). A serious blockade has the possibility
of furthering this massive starvation taking place in North Korea.
Potential Blockade of the Strait of Hormuz by Iran
Although the likelihood of a successful blockade of the Strait of Hormuz by the Iranian
Navy is extremely unlikely considering the U.S. naval presence in the region; the Iranian regime
has made countless threats to close the strait in retaliation over the number of sanctions the
United States has put on the country. The threat of a crisis in the strait is also, according to the
International Crisis Group that provides independent analysis and advice on how to prevent,
resolve, or better manage crises; has a severe threat level for a conflict starting in the strait (ICG,
2018). The extreme importance the strait is to the world economy and the dire consequences of a
closure of the waterway, even for a profoundly limited amount of time, merits an observation if
threatened with a blockade.
Background and Likely Events
The Iranian threats to blockading the strait are in direct response to U.S. sanctions
threatening to reduce Iran’s oil export earnings (Ratner, 2018). The number of threats that Iran
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has made are numerous. On November 3rd of this year, a senior IRGC official opined that the,
“U.S. economy is not capable of handling another war”, and that, “U.S. aircraft carriers are
within the range of the ballistic missiles with pin-point accuracy that are capable of hitting
mobile targets” (ICG, 2018). Threats such as the one mentioned are stated almost daily from
Iranian officials. The chances that Iran will attempt to close the strait increases if a broad
embargo on purchases of Iran’s oil is upheld. Iran also sees the presence if the U.S. Navy in the
region as a threat to the country itself; especially since the U.S. left the JCPOA. Iranian imports,
if they would attempt to do such a closure, could be re-routed to other ports outside of the strait
or become more established along overland trade routes to provide cushioning for the impact the
country would have due to their use of the strait itself for their economic needs. The attempt to
close the strait would spell disaster for the world economy with the price of oil skyrocketing
thanks to the global integration of the oil market and around 30% of the world’s seaborne traded
crude oil passing through the strait every day (ICG, 2018). The Iranian Navy would not be a
match for the U.S. navy in any realistic way despite their plethora of threats against U.S. military
presence in the region. The Navy of Iran is made up of mostly small surface vessels and
submarines meant to mostly harass civilian and military shipping and enforce a strategy of anti-
access through the strait (Goure and Grant, 2009). Although they do have a number of larger
vessels including frigates that could put up a heavier resistance to the U.S. Navy. A way the
Iranian Navy could challenge the U.S. Navy and employ an effective blockade would be if the
country could find a way to be able to sink a U.S. aircraft carrier; an ability they do not have at
the moment despite the claim made by Admiral Ali Fadavi of the Iranian Islamic Revolutionary
Core Navy that they have the ability in the event of a war with the U.S. (Mizokami, 2018). This
ability would come in the form of a highly advanced ASBMs which could do enough serious
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damage to a U.S. aircraft carrier to sink the vessel. Although they do not have the technology at
the moment, testing done by the regime has shown that their Hormuz 1 and 2 antiship ballistic
missiles are capable of hitting targets at ranges of up to 155 miles which is on the right track
besides still not being far enough to outrange an aircraft carrier. Iranian Kilo-class diesel-electric
attack submarines which, properly equipped and crewed, can also do serious damage to an
aircraft carrier (Mizokami, 2018). Even if they has the capability for such an attack, intelligence
gathered about Iran and their capabilities would ensure that the U.S. Navy would not risk the loss
of an aircraft carrier and instead would rely on alternatives to the firepower of an aircraft carrier
such as long-range strategic bombers or cruise missiles launched from warships. Iran does have a
number of resources they can put to use and a breakthrough of missile technology from the
regime is plausible. A potential challenge to U.S. naval supremacy in the Strait of Hormuz is
therefore all too possible in the future (Mizokami, 2018). At the moment, however, the Iranian
regime will do all they can to challenge U.S. presence in the strait. This challenge will likely be
through continued threats and military exercises that could affect oil prices if oil market
participants take such threats and exercise seriously, or they can potentially harass tanker ships
traversing the strait along with the damaging of infrastructure which would affect world oil
supply and shipping costs (Ratner, 2018). Although this runs the risk of a military response by
the U.S.
Final Analysis
Justification of Blockades as a Whole
The question of whether or not the use of a blockade is justified in of itself is another area
the international community may have to answer in the future. Blockades have led to
humanitarian suffering in almost every case where they have been used whether due to a lack of
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food which causes massive starvation, or a lack of medical supplies which greatly increases the
casualties among the civilian population whether due to a lack of medicine and equipment for
those already hospitalized or those who will succumb to disease due to a lack of products for
sanitation. This fact is due to the nature of blockades themselves with the entire objective of the
action itself to be to stop any and all supplies from getting into the port of entry. Even with the
offer of other points of entry for humanitarian supplies, the process slows down the time when
the civilians most in need can receive their aid. The international law of blockades, as mentioned
earlier, have only recently come up with the fact that blockades inherently cause such a
humanitarian crisis and only a limited number of countries have agreed to this fact (Skiaire,
2011). In September of this year UN special rapporteur Idriss Jazairy stated how blockades,
“expose people to the ravages of economic war in peacetime”, and how civilians affected by
blockades do not benefit from the protection of the Geneva Convention (UN, 2018). Many argue,
then, that blockades themselves, no matter what the situation, are in violation of the Geneva
Convention due to the fact that the military action is followed by an extreme suffering of a
civilian population. Adherence to the Geneva Convention of course depends on whether or not
the country is a member to a certain protocol or not. The international law of blockade does not
completely make a blockade itself illegal under humanitarian law but rather puts the
responsibility on the belligerent state to act if a humanitarian crisis is taking place due to the
implementation of the blockade (Fink, 2011).
Belligerent State
Although such a claim is justified in this sense, rights of the belligerent state for self-
protection against any threat aimed at their civilian population must be taken into account. In
chapter 7 article 42 of the UN Charter, the text states that, “Should the Security Council consider
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that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it
may take such action by air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include demonstrations, blockade, and other
operations by air, sea, or land forces of Members of the United Nations” (UN, 1945). Blockades
in the charter therefore seem to be a justifiable military action the Security Council can take
under the United Nations. Under the charter, the action is also considered a fairly passive way to
deal with acts of aggression from other states. A threat to regional stability is therefore another
factor which is taken into the justification of the use of blockades. As mentioned earlier, both
Saudi Arabia and Israel have real threats of instability in their regions and security threats against
their citizens, therefore giving both countries a degree of justification for their established
blockades against the Gaza Strip and portion of the Yemen coast respectively. Another factor is
how far article 51 of the UN Charter extends concerning using blockades as a use of self-
defense. The article states that, “Nothing in the present Charter shall impair the inherent right of
individual or collective self-defense if an armed attack occurs against a Member of the United
Nations, until the Security Council has taken measures necessary to maintain international peace
and security. Measures taken by Members in the exercise of this right of self-defense shall be
immediately reported to the Security Council and shall not in any way affect the authority and
responsibility of the Security Council under the present Charter to take at any time such action as
it deems necessary in order to maintain or restore international peace and security” (UN, 2016).
An argument that the blockades of Yemen and Gaza are in response to attacks against the states
of Saudi Arabia and Israel respectively and therefore a just use of article 51 seems valid until one
observes how proportionality is taken into account concerning the self-defense of a state.
Proportionality deals with the degree of force permissible in self-defense of a state and requires
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that a state takes no more action acquired to deter an anticipated attack or defeat one that is
underway (Schmitt, 2008). Blockades undertaken by states according to the UN Charter are by
their nature over the proportions of an acceptable degree to deter an anticipated attack or defeat
one that is underway. Turkey and Israel are not at war with the civilian population of Gaza or
Yemen: yet both must be aware of the situations both states are creating even with the obvious
threats. A blockade being considered an act of war is not compatible with the how the military
action is used today and can actually be used to avoid an escalation of a conflict in certain
circumstances. The U.S. blockade of Cuba was at first in response to the shipment of missiles
into the country which threatened both the security of the U.S. people and the stability within the
region. The implementation of the blockade after a deal was met between the U.S. and the Soviet
Union which took the missiles off the island nation was neither due to a threat to the U.S. people
or stability within the region. The act can therefore be seen as unjustified in such a case.
Other Potential Options
A state decides to implement a blockade only when all other options are not feasible and
a blockade is the only option available that achieves the desired objective. The objective of
blockades, in their usage by states, has been to eliminate a certain security risk by ensuring that
the threat and probability of such a risk are lowered by limiting the number of arms and other
weapons shipped into a territory or port where they would most likely be smuggled and put to
use. Blockades seem like the most likely approach to achieve this goal due to the other possible
options presented to the belligerent state.
Occupation
One such approach is the military occupation of a territory. As mentioned earlier; a
military occupation without question puts the lives of both civilians and military personnel at a
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greater risk. An occupation would need to weaken the group receiving the arms enough to cease
the chance of any more weapons to be smuggled in and put to use. The occupation would
therefore need to be successful unlike many other military occupations in history. The blockades
taking place today would not be effectively replaced with an occupation for a number of reasons
having to do with both how an occupation can be successful and the political situations each
belligerent is in. The factors which control whether or not a military occupation can be
successful or not include recognition by the occupied population for the need of an occupation;
the perception by the occupying power and the occupied population of a common threat to the
occupied territory; and that the occupying power makes a credible guarantee that they will
withdraw and return the indigenous government to power in a timely manner (Edelstein, 2004).
Observing the situation in Gaza and taking these factors into account; one can clearly see why an
occupation to stop arms shipment to Hamas in Gaza would be a catastrophe. Not only would
Israel once again receive international condemnation and another full-scale war with Hamas, but
the terrorist organization would receive a rise in popularity among the people of Gaza (ICG,
2018). The IDF would therefore fail at the objective of ensuring that Hamas is too weak to
receive weapons from the outside. In Yemen too, the chances that a successful occupation by
Saudi Arabia would take place is implausible. The Sunni-Shia divide which already splits up the
region would be a major hurdle for such an operation plus the fact that the Saudis are already
hated by large portions of the Yemeni population already. Also in the case of the U.S. blockade
of Cuba; an invasion and occupation of the island would have certainly been a catastrophic
decision with the likelihood of the missiles on the island being put to use increasing dramatically.
A blockade therefore is a much more pragmatic option these belligerent states can take compared
to a full-scale military occupation.
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Blockades
Specifically targeting Ships
Another option countries can take besides a blockade is gathering enough intelligence to
board specific ships who are carrying arms to a port or territory. This option would ensure that
only ships carrying arms would be boarded by the military commandos of a belligerent country
and not every neutral ship including ones simply trying to give humanitarian aid. The option
would require a large amount of intelligence capabilities with agents operating in ports and
territories where the transfer of weapons onto an innocent-looking shipping vessel would
transpire. Certain intelligence services of countries would be able to have success in this area
such as the Israeli intelligence service Mossad who already have agents operating across the
Middle East (Noonan, 2010). Such boarding of ships even with arms aboard, however, cannot be
boarded legally under the United Nations Law of the Sea (UNLOC, 1982). Israel has not
completely signed onto UNCLOS specifically to maintain their freedom to visit any ship deemed
a threat to the state. Saudi Arabia may be able to stop a number of ships although their
intelligence service, Al-Mukhabarat al-Amaah, is not as capable as the Israeli Mossad (Fink,
2015). Saudi Arabia is, however, a party to UNCLOS and would face breaking the treaty and
handling the backlash from other member states if they were to begin such operations. Other
activities taken by nations could ensure arms are not transported to these areas. A number of
programs have already been adopted by a significant number of countries who see the obvious
threat a large, illegal arms market has on global security. Illegal arms sales raise the likelihood of
civilian deaths and the exacerbation of a conflict (Boutwell, 1998). The progress towards a
united and effective arms control was stalled through much of the first decade of the 21st century
but came into culmination with the Arms Trade Treaty which entered into force in 2014. Before
this treaty was signed, the UN took a number of steps to create such a treaty but found many
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members unwilling or unable to show progress in the program of action treaty (Mishra, 2015).
The ATT is “a multilateral treaty designed to regulate international trade in conventional arms”
(ACA, 2013, p.1). The treaty includes a number of measures which requires members to not
authorize arms which would break any international treaties or arms embargos or be used in
crimes or attacks against civilians. This treaty goes far into ending the illicit market for arms to
conflict areas yet isn’t enough to stop the current blockades today. The fact that Iran or Syria are
not signatories to the treaty is enough to keep both Israel and Saudi Arabia from ceasing their
blockades (UNODA, 2018).
Conclusion
The use of blockades as a viable military strategy will not end as long as navies and
conflicts between states exist. Countries will also continue to use blockades and the threats of a
blockade in cases where they believe the territory or port they are blockading has proven to be
receiving weapons intended to be used against a country’s military or civilian population or if
they are threatened regionally. This reality will be true whether or not an official war is declared.
The legality of such blockades will of course be observed under the current international law of
blockade which includes both the traditional law that was established centuries ago and the
newer international humanitarian laws, such as the first protocol to the Geneva Convention that
actually takes the suffering of the civilian population under a blockade into account. Blockades,
besides being a viable and effective action that stops arms from flowing into a nation, are also a
show of power where they would be used against an entity only if they do not have much
military resistance and if the condemnation of the action won’t turn into a coalition of nations to
stop the blockade. The blockade used will also be protecting stability within the region; much
like sanctions are used today by states and international organizations such as the United States
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Blockades
and United Nations. The humanitarian impact from blockades escalate much quicker compared
to a sanction or more aggressive embargo. This fact is due to the nature of blockades themselves.
A blockade is meant to stop any supplies from entering a port or territory; even if they are meant
to send in humanitarian supplies. The blockades in operation today off the coasts of the Gaza
Strip and Yemen are not justified according to international humanitarian law. They, clearly,
increase the suffering of the civilian populations the operations are under and add another scope
of instability to a conflict. However, under the law of blockades laid out in the San Remo
Manual; Israel is acting accordance to the manual while Saudi Arabia is in clear violation of the
manual. Specifically; Saudi Arabia is in Violation of Section 2; Articles 102, 103, and 104 which
deals with using the blockade as a weapon to starve a population into submission. Potential
blockades in the world today are where a dispute between two rival powers escalates into armed
conflict where one of the belligerents decides that a blockade is the best strategy to defeat the
other. A blockade in this sense can actually be considered as an option where a belligerent state
can actually keep the stability in a region and ensure that the conflict doesn’t escalate any further
by keeping weapons and other materials vital to a military, such as fuel, out of the hands of
enemy combatants. A blockade in many scenarios can be seen as an act of self-defense if an
extremely real threat against a state and their citizens exists with the likelihood of an attack
increasing if a blockade is not in place. Even if this reality exists: the responsibility of the
suffering of the people under a blockade rests solely on the belligerent state with the security
threat against such state not corresponding to the evasion of this responsibility. With this reality
in mind; the alternatives to a blockade are not feasible in their effectiveness. An occupation of a
territory to ensure the weakening of an entity threatening the state enough to guarantee the
ceasing of the supply of arms to such entity is not likely where a blockade is in effect instead
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Blockades
such as in Yemen and Gaza. A long military occupation rarely achieves all of the goals needed in
the first place, therefore making a blockade a much more feasible option when compared.
Neither targeting individual ships nor any arms treaty stops these arms from being transported to
their intended destinations. Therefore making a blockade the most effective operation a country
can take in these situations. Blockades are extremely useful in an armed conflict when one takes
these facts into consideration. Their long term impact on a civilian population, however, makes
them ultimately unjustifiable unless sufficient humanitarian aid is given.
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Blockades
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