blockade an act of war

Its purpose may have been to prepare for a naval blockade of Iran.

 Free Books! What Barbara Tuchman recounted in her 1962 book, “The Guns of August,” on how WW I war began and its early weeks. The framers believed that no single official, including the President, should ever have sole authority over this most crucial of all constitutional powers because of how easily it can be abused as post-WW II history shows. Legislatures of both countries must approve it, but that will likely follow. It will constitute an illegal act of aggression that under the Nuremberg Charter is the “supreme international crime” above all others. Its Chapter VII authorizes only the Security Council to “determine the existence of any threat to the peace, or act of aggression (and, if necessary, take military or other actions to) restore international peace and stability.” It permits a nation to use force (including blockades) only under two conditions: when authorized by the Security Council or under Article 51 allowing the “right of individual or collective self-defense if an armed attack occurs against a Member….until the Security Council has taken measures to maintain international peace and security.”.

For two countries wracked by prior wars, these actions are irresponsible and foolhardy. He lives in Chicago and can be reached at [email protected]. Notre site en Français: mondialisation.ca. We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues. Avoiding that possibility is the top priority of every world leader. On April 3, in spite of strong public opposition, the Czech Republic agreed to the installation of US “advanced tracking missile defense radar” by 2012. 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. 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. In 1793, James Madison wrote that the “fundamental doctrine of the Constitution….to declare war is fully and exclusively vested in the legislature.” During the 1787 Constitutional Convention, George Mason said that the President “is not safely to be trusted with” the power to declare war. Once started, things spun out of control with cataclysmic consequences. copyright owner. So is the possibility that Washington will blockade or attack Iran before year end. Become Member of For publication of Global Research articles in print or other forms including commercial internet sites, contact: [email protected]. Article I of the Constitution pertains to powers “vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Section 8 relates to powers “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and welfare of the United States….” Two Section 8 clauses relate to this article. While most blockades historically took place at sea, blockade is still used on land to prevent someone coming into This website uses cookies in order to improve your browsing experience.

Especially given the destructive power of today’s weapons and the Bush administration’s design for “full spectrum dominance” and stated unilateral right to achieve it with first-strike nuclear weapons. In Bas v. Tingy (1800), the High Court addressed the constitutionality of fighting an undeclared war. www.globalresearch.ca contains copyrighted material the use of which has not always been specifically authorized by the copyright owner.

The situation remains tense and worrisome. A blockade is an effort to cut off supplies, war material or communications from a particular area by force, either in part or totally. It’s unclear if any are up to the challenge. Stephen Lendman is a Research Associate of the Centre for Research on Globalization. It will make the Bush administration, every supportive congressional member, and governments of other participating nations criminally liable. GlobalResearch Center for Research on Globalization. The Court….explicitly (ruled) that a blockade is an act of war and is legal only if properly authorized under the Constitution.” It stated: “The power of declaring war is the highest sovereign power, and is limited to the representative of the full sovereignty of the nation. On July 9, a Russian Foreign Ministry statement responded: “We will be forced to react not with diplomatic, but with military-technical methods.”. Deployment is reckless and indefensible and will head the world closer to serious confrontation. In 2009, it’s believed that the International Criminal Court in the Hague will include blockades against coasts and ports as acts of war. Only Congress has that power. They further heighten tensions and assure a new Cold War arms race or much worse. — clause 14: to “make rules for the government and regulation of the land and naval forces;” and most importantly, — clause 11: “to declare war, grant letters of marque and reprisal, and make rules concerning capture on land and water.”. If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the From what’s known a naval deployment may be planned, and a blockade may ensue. Under international and US law, blockades are acts of war and variously defined as: — surrounding a nation or objective with hostile forces; — preventing the passage in or out of supplies, military forces or aid in time of or as an act of war; and. Blockade, an act of war by which a belligerent prevents access to or departure from a defined part of an enemy’s territory, most often its coasts. Iran poses no threat to the US, its neighbors, or any other nations, including Israel. It is limited in the United States to its Congress exclusively; and the authority of the President to be the Commander-in-Chief….to take that the law be faithfully executed, is to be taken in connection with the exclusive power given to Congress to declare war, and does not enable the President to (do it) or to introduce, without Act of Congress, War or any of its legal disabilities or liabilities, on any citizen of the United States.”. Russia’s deputy military chief of staff, General Anatoly Nogovitsyn, stated: Poland is “exposing itself to a strike, 100%.” Russian President Dmitri Medvedev said: “The deployment (aims at) the Russian Federation.” Even Polish Prime Minister Donald Tusk showed fear by his comment that “We have crossed the Rubicon.” Yet he did it anyway. 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.”

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. http://www.globalresearch.ca/index.php?context=va&aid=9838, Comment on Global Research Articles on our Facebook page, Disclaimer: The contents of this article are of sole responsibility of the author(s). A blockade is not an embargo or sanctions, which are legal barriers to trade. The case involved President Lincoln’s ordering “a blockade of coastal states that had joined the Confederacy at the outset of the Civil War.

It is also distinct from a siege in that a blockade is usually directed at an entire country or region, rather than a fortress or city. Then on August 14, Poland defied its own people and most Europeans by agreeing to allow offensive “interceptor missiles” on its soil.

The original source of this article is Global Research. 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.”. Where this is heading remains to be seen, but the signs are deeply worrisome. Boyle cites “The Prize Cases” (1863) as the most definitive Supreme Court ruling on blockades requiring congressional authorization. — an act of naval warfare to block access to an enemy’s coastline and deny entry to all vessels and aircraft. Nonetheless, Congress only observed its responsibility five times in the nation’s history, lastly on December 8, 1941 following Japan’s attack on Pearl Harbor the previous day. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. 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. So has the US Supreme Court. Two more events further up the stakes. The Centre for Research on Globalization will not be responsible for any inaccurate or incorrect statement in this article. Hopefully a wider Middle East war will be avoided because of what might follow. Global Research

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