AhlulBayt News Agency (ABNA): A professor of international law at the University of Colorado in the United States wrote in an article for The Nation that, contrary to U.S. claims, Iran has the right under international law to earn revenue through the Strait of Hormuz.
Maryam Jamshidi, a professor of international law at the University of Colorado in the United States, stated in this report, "The U.S.-Israeli war against Iran is undoubtedly illegal. This war constitutes one of the greatest crimes under international law."
Regarding the Strait of Hormuz issue, she emphasized, "Although Iran has not officially closed the strait, it has required ships to coordinate with it and comply with regulatory rules for passage through it during the war and ceasefire. Iran has completely banned the passage of ships associated with the United States and Israel, and it has also been reported that Iran has collected fees from some passing ships. However, unlike the United States, Iran can present a reasonable argument that, under international law, doing so is within its rights."
Jamshidi, continuing her article for The Nation, referred to the double standards of some countries, adding, "However, instead of reflecting these facts, the international community has effectively treated Iran, rather than the attackers who launched a blatantly illegal war against Iran, as the pariah state in this conflict. This practice aligns with long-standing tendencies of the West and its allies to use international law to legitimize and whitewash imperialist actions while simultaneously constraining Global South countries that resist Western domination, including through legal means."
The American university professor noted, "Contrary to what some have claimed, the Strait of Hormuz does not constitute international waters or the high seas. Instead, it is classified as an international strait consisting exclusively of the territorial waters of two countries: Oman and Iran."
She pointed to the legal and legitimate right of the Islamic Republic of Iran, saying, "If Iran were a party to the United Nations Convention on the Law of the Sea (UNCLOS), it would be bound by this treaty, and its regulatory actions in the Strait of Hormuz would likely be illegal. But Iran is not a party to UNCLOS, and in this case, neither is the United States. Under international law, states are generally only bound by treaties they have both signed and ratified. Therefore, a state's non-compliance with an unratified treaty is not legally controversial."
Maryam Jamshidi also argued, "For these same reasons, a reasonable argument can be made that Iran is not subject to the UNCLOS regime of free navigation in international straits, but rather is subject to a different, more permissive, and older regime: 'innocent passage.' Under the innocent passage regime, coastal states like Iran can take actions in their territorial waters, including waters located within international straits, to address certain types of issues, including security concerns. The innocent passage regime also permits states to charge fees for ships passing through their territorial waters, as long as those fees are for specific services provided to the ship and are imposed in a non-discriminatory manner."
She said, "Taking all these factors into account, Iran may refuse passage to certain ships through the Strait of Hormuz due to threats to its security. It may also charge fees to ships to which it provides specific services, for example, helping guide them through the strait or providing other safety-related assistance. In this regard, Iran could argue that, given the dangers of transiting the strait during the ongoing armed conflict, it has provided such services to passing ships over the past several weeks."
The University of Colorado international law professor revealed the West's objectives, saying, "For many, especially in the West, the goal is not simply to ensure that the Strait of Hormuz remains open and free for all. The goal is to make it harder for Iran to evade crippling economic sanctions, largely imposed unilaterally by the United States, by earning revenue from the Strait of Hormuz."
Jamshidi concluded, "Reasonable minds may disagree about whether Iran has a legal right to regulate the Strait of Hormuz. However, there can be no debate about the clear illegality of the U.S. and Israeli war or the current U.S. blockade against Iran."
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