Blockade - Legal Status

Legal Status

Since 1945, the UN Security Council determines the legal status of blockades and by article 42 of the UN Charter, the Council can also apply blockades.

According to the not ratified document San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, a blockade is a legal method of warfare at sea but is governed by rules. The manual describes what can never be contraband. The blockading nation is free to select anything else as contraband in a list, which it must publish.

The blockading nation typically establish a blockaded area of water, but any ship can be inspected as soon as it is established that it is attempting to break the blockade. This inspection can occur inside the blockaded area or in international waters, but never inside the territorial waters of a neutral nation. A neutral ship must obey a request to stop for inspection from the blockading nation. If the situation so demands, the blockading nation can request that the ship divert to a known place or harbour for inspection. If the ship does not stop, then the ship is subject to capture. If people aboard the ship resist capture, they can be lawfully attacked.

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