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equirement of effectiveness does not preclude temporary absence of the blockading force, ifsuch absence is due to stress of weather or to some other reason connected with the blockade(e.g., pursuit of a blockade runner). 161The forces that are necessary to make a blockade effective depend on the specific militarycircumstances. 162 The blockade may be maintained by forces that are some distance from theshore. 16313.10.2.4 Impartial Application of the Blockade. A blockade must be appliedimpartially to the vessels and aircraft of all States. 164 The requirement that a belligerent mustapply a blockade impartially to the vessels and aircraft of all States is intended to preventmeasures of discrimination by the blockading belligerent in favor of or against the vessels andaircraft of particular States, including its own or allied vessels and aircraft. 16513.10.2.5 Limitations on the Scope of the Blockade. A blockade must not baraccess to, or departure from, neutral ports and coasts. 166A blockade may not be used for the purpose of starving the civilian population, and theexpected incidental harm to the civilian population may not be excessive in relation to theexpected military advantage to be gained from employing the blockade. 167161 2007 NWP 1-14M 7.7.2.3 (“The requirement of effectiveness does not preclude temporary absence of theblockading force, if such absence is due to stress of weather or to some other reason connected with the blockade(e.g., pursuit of a blockade runner).”). Consider 1909 DECLARATION OF LONDON art. 4 (“A blockade is not regardedas raised if the blockading force is temporarily withdrawn on account of stress of weather.”).162 See The Olinde Rodrigues, 174 U.S. 510, 516-18 (1899) (“As we hold that an effective blockade is a blockade soeffective as to make it dangerous in fact for vessels to attempt to enter the blockaded port, it follows that thequestion of effectiveness is not controlled by the number of the blockading force. In other words, the positioncannot be maintained that one modern cruiser though sufficient in fact is not sufficient as matter of law. … Thequestion of effectiveness must necessarily depend on the circumstances. We agree that the fact of a single capture isnot decisive of the effectiveness of a blockade, but the case made on this record does not rest on that ground. Weare of opinion that if a single modern cruiser blockading a port renders it in fact dangerous for other craft to enter theport, that is sufficient, since thereby the blockade is made practically effective.”).163 2013 GERMAN MANUAL 1062 (“A blockade, in order to be binding, must be effective (25 Principle 4). It mustbe maintained by armed forces sufficient to prevent access to the blockaded coast. Long distance blockades arealso permissible, i.e. the blockade and control of an enemy coast by armed forces at a greater distance from theblockaded coast as a result of military requirements.”); 2004 UK MANUAL 13.68 (“The force maintaining theblockade may be stationed at a distance determined by military requirements.”).164 1955 NWIP 10-2 632f (“A blockade must be applied equally (impartially) to the vessels and aircraft of allstates.”). Consider 1909 DECLARATION OF LONDON art. 5 (“A blockade must be applied impartially to the ships ofall nations.”).165 1955 NWIP 10-2 632f note 35 (“The requirement that a belligerent must apply a blockade impartially to thevessels and aircraft of all states is intended to prevent measures of discrimination by the blockading belligerent infavor of or against the vessels and aircraft of particular states, including its own or allied vessels and aircraft.”).166 1955 NWIP 10-2 632e (“A blockade must not bar access or departure from neutral ports or coasts.”). Consider1909 DECLARATION OF LONDON art. 18 (“The blockading forces must not bar access to neutral ports or coasts.”).167 Refer to § 5.20 (Starvation).889

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