ABNa24 - On Wednesday, Iran's IRGC Navy command stated that it seized two ships for breaching rules, navigating without permits, and tampering with navigation systems and escorted them to the Iranian coasts.
"The Islamic Revolutionary Guard Corps Navy, as part of its smart control of the Strait of Hormuz, intercepted and stopped two violating vessels this morning, the "MSC-FRANCESCA," belonging to the Zionist regime, and the "EPAMINODES", which were attempting to secretly exit the strait without permits, after committing repeated violations, tampering with navigation aid systems, and jeopardizing maritime security. The Navy's forces with full intelligence identified the ships and halted them in the Strait of Hormuz to uphold the rights of Iran's noble nation," the statement read.
Details of seized ships
Reports suggest that the two ships, which lacked permits for navigating through the Strait of Hormuz, were stopped near Iran's territorial waters. Reports say that one of them did not take serious damage but the other did in its bridge. Further reports said that these vessels were led to Iranian coasts for document checks.
Can Iran legally stop the ships?
All countries can seize hostile vessels within specific legal and international frameworks. Under International Maritime Organization rules and the UN Convention on the Law of the Sea (UNCLOS), seizing ships is permissible under several conditions:
In territorial waters (up to 12 nautical miles from the coast), Iran has the right to stop or seize vessels that violate domestic laws, pose a security threat, or engage in smuggling or other illegal activities.
In the Exclusive Economic Zone (EEZ), extending up to 200 nautical miles, coastal nations may take action in cases of illegal fishing or environmental pollution.
In international waters, the rules are different. The principle of "freedom of navigation" applies there. Iran, or any other country, may seize vessels only in specific cases such as piracy, slavery, unauthorized radio broadcasting, or when authorized by the UN Security Council.
The situation in straits like the Strait of Hormuz is somewhat more complex. The strait is an international passageway governed by the principle of "transit passage." Nevertheless, Iran can seize vessels there, and under international law, such action can be legally justified.
Iran's right to control Strait of Hormuz
It should be taken into consideration that Iran's measures in the Strait have legal justification. American Nation newspaper reports on the stopping of ships in the Strait of Hormuz, noting that Iran can force the vessels pass from specific routes after coordinating with the Iranian side and bar ships of hostile sides, like the US abd Israeli regime, from crossing. These actions, the newspaper argues, are legally justified and do not run counter to the international laws.
In fact, the Strait of Hormuz is an "international strait" that falls within the territorial waters of Iran and Oman, not international waters. Moreover, Iran has not acceded to the UN Convention on the Law of the Sea (UNCLOS) and is therefore not bound by its rules on free passage. At the same time, under the "innocent passage" regime, Iran can charge fees for security and specific services, impose restrictions on vessels, and limit the passage of ships that threaten its security while offering navigation and safety services.
Experts believe that given the direct military aggression committed by US forces, American military presence in the region constitutes an ongoing act of aggression. Consequently, the entry of any military vessels, submarines, or logistical equipment belonging to the US into the Strait of Hormuz and Iran's territorial waters is absolutely prohibited. Due to its hostile nature, this military presence falls outside the scope of any right of passage, whether transit passage or innocent passage.
Furthermore, Iran recognizes passage through the Strait of Hormuz only on the condition that it remains innocent, citing the 1958 Geneva Convention and customary international law. According to Article 14 of that convention, any passage that disrupts the peace, order, or security of a coastal state is illegal. Iran therefore has the right to prevent any vessel that threatens its national security from entering.
Tehran's clear message
Indeed, the IRGC's stopping of violating vessels in line with the codes of Iran's "smart control of the Strait of Hormuz" and charging fees for passage through the strait and also barring ships of hostile countries carries clear messages to the world.
The first message is that Tehran is capable of invalidating Washington’s rhetoric about securing freedom of navigation through the strait using vast military presence in regional waters. Actually, Iran in practice proves that these are shallow statements and Iran is the main force in control of the Persian Gulf waters and the world ships should follow Iranian armed forces' instructions.
The second message is that shipping traffic through the Strait of Hormuz will not return to its pre-war status. Tehran, having decided to assert its sovereign territorial control, has spoken of future measures to alter the strait's legal regime. The seizure of violating vessels during the ceasefire, thus, signals that this approach will go on even as the war remains on hold.
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