Congressional Research Service | Ratner, Michael; Rosen, Liana W.; Thomas, Clayton
Iranian military forces initiated attacks against commercial vessels in the Strait of Hormuz following February 28, 2026 clashes with the United States and Israel, asserting unprecedented administrative control over the maritime choke point. Tehran cited a June 2026 memorandum of understanding committing Iran to arrange safe passage for shipping as legal justification to redirect vessels into its territorial waters.
This unilateral posture disrupted global energy transport from the Persian Gulf, prompting U.S. Central Command to implement naval blockades, conduct strikes on Iranian assets, and attempt alternative southern routing via Omani waters under Project Freedom. While an International Maritime Organization evacuation facilitated vessel exits, renewed hostilities in July 2026 highlighted persistent instability. Future scenarios facing U.S. policymakers range from direct military action to establish maritime control along the Iranian coast, to formal multilateral navigation management agreements, or strategic asset reprioritization away from the Gulf.
Comment
Tehran's reinterpretation of bilateral accords to claim administrative sovereignty over international straits directly challenges the regime of transit passage established under the 1982 United Nations Convention on the Law of the Sea. By replacing recognized International Maritime Organization separation schemes with coercive routing through coastal waters, coastal states create a precedent for toll extraction and selective access in vital chokepoints. This operational model effectively transforms customary international maritime law into a transactional tool of asymmetric denial during regional crises.
Strategic Question for Discussion
If coastal states successfully normalize sovereign control over transit passage in chokepoints like the Strait of Hormuz, which mechanism will prove more resilient in restoring commercial flow — kinetic escort operations under traditional freedom-of-navigation principles or legal adaptation within the 1982 United Nations Convention on the Law of the Sea framework?
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