Introduction
The Strait of Hormuz is a highly strategic waterway in the world, which links the Persian Gulf and the Arabian Sea. This is a deep sea route that transfers a substantial amount of oil trade around the world. Any effort that a nation such as the United States attempts to blockade this strait poses some grave legal issues as per international law.
Law on Strait of Hormuz.
The Strait of Hormuz is regarded as a global passageway through which it is navigated. The United Nations Convention on the Law of the Sea (UNCLOS) mostly guides such straits under the international law.
UNCLOS provides that all ships and aircraft enjoy the right of “transit passage” through international straits. Even by coastal states this right cannot be suspended.
Right of Transit Passage.
Transit passage is provided by Articles 37 to 44 of UNCLOS and is a type of passage through straits that have international shipping.
This implies that none of the states, including the United States, will be allowed by law to intercept or disrupt passage through the Strait of Hormuz in the course of peacetime.
Is a Blockade Justifiable?
By the Law of Armed Conflict.
A blockade can be regarded as legal only when there is an armed conflict. Blockades are permitted under the customary international humanitarian law and the San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1994) under some conditions.
These are that the blockade should be declared, informed, active and should not prevent access to neutral states and should not cause undue harm to civilians.
Role of the United Nations Charter.
States may not under any circumstances use force against the territory or political independence of any state according to Article 2(4) of the UN Charter.
Blockade can be defined as an act of war or use of force. As such, it would not be legal without justification by exceptions such as:
Self-defence, Article 51 of the UN Charter, or
Chapter VII authorisation by the UN Security Council.
Freedom of Navigation
Freedom of navigation is also a principle of international maritime law. Closing such an important international strait as Hormuz would be against this principle and cause a break in international trade.
Landmark Case Laws
Corfu Channel Case ( United Kingdom v Albania, ICJ 1949).
This case acknowledged that innocent passage by international straits had a right and that these routes need to be open to sea navigation.
Nicaragua v United States (ICJ 1986)
The International Court of Justice decided that international law could be breached by such acts as mining harbours and interfering with shipping, as well as equating to illegal use of force.
This case is also frequently referred to as an example that indirect interference in maritime navigation can be unlawful as well.
Oil Platforms Case (Iran v United States, ICJ 2003)
The Court considered the legality of US measures against Iranian oil platforms and emphasized that self-defence needs to be accompanied by strict conditions of necessity and proportionality.
Application to a Hypothetical US Blockade.
By closing the Strait of Hormuz in peace time, the United States would probably risk breaching the transit passage provisions of UNCLOS, as well as the prohibition on the use of force in the UN Charter.
Legality of such a blockade even in time of armed conflict would require adherence to the international humanitarian law, such as proportionality and a safeguard of neutral shipping.
The United States would broadly be in violation of international law by blocking the Strait of Hormuz, except under very strict exceptions (including legitimate self-defence or authority of the UN Security Council). The freedom of navigation and passage through the waterways is greatly secured by the principles of freedom of passage and navigation. Any interference would not only be a legal issue, but also a grave economic impact at the international level.
Keywords
Strait of Hormuz, international law, UNCLOS, transit passage, UN Charter Article 2(4), self defence Article 51, law of naval blockade, ICJ cases, freedom of navigation, law of the sea.
