Legal Opinion

Authority of the President to Blockade Cuba

Department of Justice Office of Legal Counsel

Decided January 25, 1961Published

1Opinion of the Court

Authority of the President to Blockade Cuba Under international law, the President may institute a blockade of Cuba as an incident to a state of war, and conceivably a blockade could also be justified as a necessary measure of defense. The legality of the blockade could probably be tested by Cuba, by other countries, and by their nationals in the courts of the United States, and Cuba and other countries could raise the legality issue before the United Nations and the Organization of American States. It is not clear whether this issue could be raised before the International Court of Justice.…

2Cases cited4 opinions

  1. The Brig Amy WarwickSupreme Court of the United States · 1862
  2. Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
  3. Grinnan v. EdwardsWest Virginia Supreme Court · 1883
  4. Ling v. 1,689 Tons of Coal Lying Aboard S. S. WilhelminaDistrict Court, W.D. Washington · 1942

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