Strait of Hormuz

All eyes are once again on the Strait of Hormuz as Iran's attempts to impose new arrangements on navigation intensify, by forcing ships to pass through routes it unilaterally determines, and introducing financial fees under various names, including 'logistics services'.

Ship traffic is distributed among designated navigation routes, most notably the route located in Omani waters, a route used by international naval forces to secure transit, as well as a route passing alongside Iranian islands within Iran's territorial waters.

However, Tehran seeks to force ships to pass through the route it determines, imposing fees under various names such as 'logistics services' or 'maritime services,' which maritime law experts say contradicts the arrangements governing navigation in the strait, including the memorandum of understanding on the ship separation scheme, as well as the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), which guarantees the right of transit passage through international straits and prohibits the imposition of unilateral restrictions or fees on transiting ships, except for actual compensation for services requested and provided to the vessel.

Official media reported that Iran warned the United States on Thursday that any interference in the Strait of Hormuz would be met with a 'quick and decisive' response, adding that the continued presence of US air assets in the waterway 'threatens regional security.'

The Joint Command of the Iranian Armed Forces stated that all tankers and commercial vessels must pass through the routes determined by Tehran to ensure safe passage through the strait, adding that any deviation from those routes or failure to comply with navigation protocols will face an immediate response.

The Iranian statements come at a time when international law stipulates the principle of freedom of transit in international straits, as the Strait of Hormuz is a vital waterway for global navigation and is not subject to unilateral administration or control by any state, despite the oversight of littoral states over their territorial waters.

What regulates navigation?

Navigation in the strait is governed by the United Nations Convention on the Law of the Sea (UNCLOS), which was adopted in 1982 and entered into force in 1994.

Article 38 of the convention stipulates the right of ships to 'transit passage' without obstruction through more than 100 international straits, including the Strait of Hormuz.

The convention allows littoral states to regulate navigation within their territorial waters, but requires them to allow what is known as 'innocent passage,' meaning passage that does not harm the security or public order of the state.

Passage is not considered innocent if it includes military activities, espionage, serious pollution, or illegal fishing.

Does Iran adhere to the convention?

Some 170 countries, in addition to the European Union, have ratified the Law of the Sea Convention, but Iran and the United States have not ratified it.

Nevertheless, international law experts believe that the rules of freedom of navigation in the convention have become part of customary international law, making them widely binding.

In contrast, Iran says it has consistently objected to some provisions of the convention and believes that gives it a legal basis for non-compliance, while the United States rejects this interpretation and does not recognize Tehran's right to impose fees on transiting ships.

What does Iran want?

Tehran seeks to turn its geographic location on the coast of the Strait of Hormuz into a negotiating and security card, by extracting international recognition of its role in controlling transit movement within the strait, and imposing fees on ships entering or leaving the Gulf.

According to two senior Iranian sources who spoke to Reuters, Iran wants to cement its ability to determine which ships are allowed to pass and which routes they take, even after the end of the temporary 60-day grace period.

Tehran says these measures aim to ensure safe passage, while Washington and other countries see them as an attempt to impose unilateral restrictions on an international waterway where freedom of navigation is a fundamental part of international law.

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