We had a server outage, and we're rebuilding the site. Most of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Blockades: Acts of War

by Stephen Lendman Tuesday, Aug. 19, 2008 at 10:07 AM
lendmanstephen@sbcglobal.net

Washington threatens a naval blockade against iran.

Blockades: Acts of War - by Stephen Lendman

From July 21 - 31, Joint Task Force (mostly US, but also UK, Brazil and Italy) "Operation Brimstone" large scale war games were conducted off the US East coast in the North Atlantic. Its purpose may have been to prepare for a naval blockade of Iran. Initial reports after its completion were that participating ships were deployed to Persian Gulf and Arabian and Red Sea locations to join up with the present American strike force in the region. The major media cover none of this, and US Navy sources deny it. So precise information is unclear. From what's known, however, redeployment may be planned, and a blockade may ensue. The situation remains tense and worrisome.

Under international and US law, blockades are acts of war and variously defined as:

-- surrounding a nation or objective with hostile forces;

-- measures to isolate an enemy;

-- encirclement and besieging;

-- preventing the passage in or out of supplies, military forces or aid in time of or as an act of war; and

-- an act of naval warfare to block access to an enemy's coastline and deny entry to all vessels and aircraft.

In 2009, it's believed that the International Criminal Court in the Hague will include blockades against coasts and ports as acts of war.

International law expert Professor Francis Boyle is very outspoken on this topic as well as on others of equal importance. He defines blockades under international and US law as:

-- "belligerent measures taken by a nation (to) prevent passage of vessels or aircraft to and from another country. Customary international law recognizes blockades as an act of war because of the belligerent use of force even against third party nations in enforcing the blockade. Blockades as acts of war have been recognized as such in the Declaration of Paris of 1856 and the Declaration of London of 1909 that delineate the international rules of warfare."

America approved these Declarations, so they're binding US law as well "as part of general international law and customary international law." Past US presidents, including Dwight Eisenhower and Jack Kennedy, called blockades acts of war. So has the US Supreme Court.

In Bas v. Tingy (1800), the High Court addressed the constitutionality of fighting an undeclared war. Boyle explained that it ruled that "the seizure of a French vessel (is) an act of hostility or reprisal requiring Congressional approval....The Court held that Congress pursuant to Constitutional war powers had authorized hostilities on the high seas under certain circumstances." The Court cited Talbot v. Seaman (1801) in ruling that "specific legislative authority was required in the seizure...."

In Little v. Barreme (1804), the Court held that "even an order from the President could not justify or excuse an act that violated the laws and customs of warfare. Chief Justice John Marshall wrote that a captain of a United States warship could be held personally liable in trespass for wrongfully seizing a neutral Danish ship, even though" presidential authority ordered it. Only Congress has that power. "The Court's position seems consistent with a typical trespass case, where defendants are liable even when they have a reasonable, good faith (but mistaken) belief in authority to enter on the plaintiff's land."

Boyle cites "The Prize Cases" (1863) as the most definitive Supreme Court ruling on blockades requiring congressional authorization. The case involved President Lincoln's ordering "a blockade of coastal states that had joined the Confederacy at the outset of the Civil War. The Court....explicitly (ruled) that a blockade is an act of war and is legal only if properly authorized under the Constitution." It stated:

"The power of declaring war is the highest sovereign power, and is limited to the representative of the full sovereignty of the nation. 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."

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.

-- 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."

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. 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. 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.

All treaties to which America is a signatory, including the UN Charter, are binding US law. 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."

Iran poses no threat to the US, its neighbors, or any other nations, including Israel. Imposing a blockade against it violates the UN Charter and other international and US law. It will constitute an illegal act of aggression that under the Nuremberg Charter is the "supreme international crime" above all others. It will make the Bush administration, every supportive congressional member, and governments of other participating nations criminally liable.

Two more events further up the stakes. 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. On July 9, a Russian Foreign Ministry statement responded: "We will be forced to react not with diplomatic, but with military-technical methods."

Then on August 14, Poland defied its own people and most Europeans by agreeing to allow offensive "interceptor missiles" on its soil. Legislatures of both countries must approve it, but that will likely follow. Deployment is reckless and indefensible and will head the world closer to serious confrontation.

For two countries wracked by prior wars, these actions are irresponsible and foolhardy. They further heighten tensions and assure a new Cold War arms race or much worse. 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. Where this is heading remains to be seen, but the signs are deeply worrisome.

So is the possibility that Washington will blockade or attack Iran before year end. Things won't likely crystallize before Congress reconvenes in September after both parties hold their nominating conventions.

Hopefully a wider Middle East war will be avoided because of what might follow. What Barbara Tuchman recounted in her 1962 book, "The Guns of August," on how WW I war began and its early weeks. Once started, things spun out of control with cataclysmic consequences. Before it ended, over 20 million died, at least that many more were wounded, and a generation of young men was erased.

Igniting another world conflict should give everyone pause. 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. Avoiding that possibility is the top priority of every world leader. It's unclear if any are up to the challenge.

Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to The Global Research News Hour on RepublicBroadcasting.org Mondays from 11AM - 1PM US Central time for cutting-edge discussions with distinguished guests. All programs are archived for easy listening.

http://www.globalresearch.ca/index.php?context=va&aid=9838
Report this post as:
Share on: Twitter, Facebook, Google+

add your comments


Local News

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 10:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 9:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 8:57PM

California police agencies violate Brown Act (open meetings) M02 8:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 11:47PM

Change Links May 2018 A27 8:40AM

Worker-Owned Car Wash on Vermont Closed A27 5:37AM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A13 12:39AM

lausd whistle blower A11 6:58AM

More Local News...

Other/Breaking News

test O06 10:01AM

test O06 9:59AM

test O06 9:59AM

100 Ways GOP Have Stolen Elections Since 1876 O06 12:03AM

Proximospective de l'univocité réifiée O05 6:27AM

“Kava-no!!!” O04 6:42PM

Trump & Palestine vs. Genesis, Rashi & The Land of Israel O03 6:29PM

The Criminality of the Elites O03 11:35AM

Business de l'inhumanitaire O03 7:51AM

Marriage Rape/Date Rape Highest Rapes O02 2:59PM

Women I Know Get Raped - Too Many Times To Count! O02 2:55PM

Women In USA Have Stockholm Syndrom O02 2:50PM

Shooting Drill's Are Political Actual Shootings O02 2:47PM

Dr. Ford's Father Works With CIA O02 2:44PM

Weaponizing Frequencies O02 2:41PM

Google Abuses: Worldwide Spying, Censorship, War Promotion, Spying On Children, Etc O02 11:08AM

Paraphysique de l'administration O02 8:34AM

Paraphysique O02 8:31AM

Affordable Rents? A State of Emergency Intensifies O01 11:36AM

A Few Of Many Impeachable Acts by Trump Sessions And Others O01 4:41AM

Désengrammation, l'éloge de la suite S30 7:01AM

someone Should Work In Hollywood - Good Acting! S28 2:55PM

Ford Gives Psych Drugs To Lower Class To Shut Them Up? S28 2:51PM

Hilllary Calls Ford Trailer Trash? S28 2:47PM

Most Rapes Are In Marriages S28 2:43PM

Nice Boys Dirty Deeds S28 2:41PM

Minnesota 2nd Largest Rape State S28 2:39PM

Paraphysique de la plus-value S28 7:18AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy