US President Donald Trump has ordered the US Navy to block the Strait of Hormuz after failed talks between the American and Iranian delegations in Islamabad, Pakistan.
In response, Tehran warned that it has traffic in the Hormuz under full control and would trap any enemy that tries to challenge it “in a deadly vortex in the Strait if it makes the wrong move”.
Trump wrote on social media that his eventual objective was to clear the strait of mines and reopen it to all shipping, and Iran must not be allowed to profit from its control.
“Effective immediately, the United States Navy, the Finest in the World, will begin the process of BLOCKADING any and all Ships trying to enter, or leave, the Strait of Hormuz,” Trump said. “Any Iranian who fires at us, or at peaceful vessels, will be BLOWN TO HELL!”
“THIS IS WORLD EXTORTION,” Trump said. “I have also instructed our Navy to seek and interdict every vessel in International Waters that has paid a toll to Iran. No one who pays an illegal toll will have safe passage on the high seas. We will also begin destroying the mines the Iranians laid in the Straits.”
Later, in a Fox News interview, Trump threatened to impose a 50 percent tariff on Chinese imports if Beijing tries to help the Iranian military, and added, “I could take out Iran in one day. I could have their entire energy, everything, every one of their plants, their electric generating plants, which is a big deal.”
Trump’s new warnings appeared to have been activated by peace talks with Tehran.
Iran’s reported refusal to entirely give up its right to a nuclear program frustrated the US delegation, led by Vice President JD Vance, White House envoy Steve Witkoff, and Trump’s son-in-law Jared Kushner.
“I have always said, right from the beginning, and many years ago, IRAN WILL NEVER HAVE A NUCLEAR WEAPON!” Trump said.
“The Blockade will begin shortly. Other Countries will be involved with this Blockade. Iran will not be allowed to profit off this Illegal Act of EXTORTION.”
As recently explained by EurAsian Times, the Strait of Hormuz is a natural international waterway of 21 nautical miles wide, even though it falls within the overlapping territorial waters of Iran and Oman.
However, the United Nations Convention on the Law of the Sea (UNCLOS), which guarantees the right of “transit passage” through straits used for international navigation, makes it clear under Articles 37 to 44, ships and aircraft are entitled to continuous and expeditious passage that cannot be impeded or suspended by the coastal state even if the Strait falls under its territorial jurisdiction.
Article 26 of the UNCLOS prohibits states from levying charges on vessels merely for passage, allowing fees only for specific services rendered. It says, “ No charge may be levied upon foreign ships by reason only of their passage through the territorial sea” and “ Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination”.
The Strait of Hormuz is an international strait, which means all ships have the right of transit passage, free of charge and free of prior approval.
Of course, the UNCLOS allows the coastal state to take remedial action if any passage is not “innocent”. And in Article 19, it provides what is “innocent” and what is not :
“1. Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage”.
Given this, Iran, which has signed UNCLOS (but has yet to ratify it), may have a point against blocking any adversary’s military vessels, particularly during a war. But it cannot impose transit fees against commercial vessels.
Secondly, Iran cannot stretch the argument that the Strait falls under its territorial jurisdiction (nautical miles, or 22 km, out of the total 39km width) beyond a point. Because the Strait also falls within Oman’s territorial waters. Thus, the entire width of the strait consists of the overlapping territorial seas of both Iran and Oman. But, unlike Iran, Oman is not talking of imposing transit fees.
It is very clear that what Iran is demanding is wrong.
By ET Desk with AFP Inputs
