Fact-Checking | Iran's Regulations for Transit Through the Strait of Hormuz Contradict International Laws

The commander of the Islamic Revolutionary Guard Corps Navy stated: "Any ship wishing to pass through the Strait of Hormuz must inform us of its nationality, type of cargo, and destination in Persian, and if it does not do this, we will definitely pursue it." The state news agency IRNA reported on June 6, quoting Alireza Tangsiri: "Ships intending to pass through the Strait of Hormuz must communicate with the Iranian Navy in Persian." These statements are misleading. The 'PoliGraph' website, a fact-checking project by Voice of America, examined this claim by the IRGC Navy commander and stated that international maritime laws govern passage through the Strait of Hormuz. Although Iran and Oman, which share coastal jurisdiction over this strait, can establish their own regulations, adherence to local regulations of coastal states is considered 'advisory' and not 'mandatory.' The Strait of Hormuz is one of the world's most important strategic waterways, located between the Persian Gulf and the Gulf of Oman, with the narrowest point being less than 34 kilometers wide. According to the International Crisis Group, 30% of the world's crude oil passes through the Strait of Hormuz by sea every day. In this context, an intentional or accidental incident in this strait could quickly escalate into direct military confrontation, endangering the passage through this vital energy chokepoint. The United Nations Convention on the Law of the Sea is a constitutional maritime law that establishes rules for international passage through the Strait of Hormuz. The guarantees and commitments of the convention include the following: Right of transit passage: All ships and aircraft, including military vessels, have the right of transit passage through straits used for international navigation such as the Strait of Hormuz. This right allows ships to pass through the strait quickly and without any undue interference. Innocent passage: This applies to ships passing through the territorial sea of a coastal state, including in the Strait of Hormuz. Innocent passage refers to the continuous and rapid passage through territorial waters while respecting the sovereignty of the coastal state and adhering to specified laws and regulations. Safety and security: Ships must comply with international maritime regulations, including adherence to relevant security protocols and safety measures to ensure the protection of human lives, the environment, and property. Warnings and navigational information: Vessels must heed navigational warnings and other information provided by relevant authorities. These warnings include updates on potential hazards, maritime security concerns, or any temporary restrictions that may affect safe passage. Consultation and cooperation: Coastal states may impose specific regulations or requirements for ships passing through the Strait of Hormuz. Operators and owners of ships passing through the Strait of Hormuz are advised to follow any specific procedures or guidelines set by these countries. According to the United Nations Convention, a country has the right to an 'exclusive economic zone' extending beyond its territorial sea, up to a maximum of 12 nautical miles (20 kilometers) from its coast. Both Iran and Oman have called for a complete 20-kilometer boundary. This means that a formal agreement must be signed to grant legal powers outside the regulations and geographical limits set between the two. The Convention on the Law of the Sea, which Iran joined in 1982, provides specific guidelines for jurisdiction and rights between states and private vessels. This convention allows a coastal state to enforce navigational requirements only within its territorial waters, especially in cases where the contents of a vessel may be deemed hazardous. This convention allows guaranteed transit to be revoked in cases where the presence of foreign vessels is 'harmful to the peace, order, or security of the coastal state.' However, it does not grant Iran the right to require any ship intending to pass through the Strait of Hormuz to provide its nationality, type of cargo, and destination in Persian. On June 8, following a meeting in Saudi Arabia between U.S. Secretary of State Antony Blinken and foreign ministers of the Gulf Cooperation Council (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates), participants issued a joint statement emphasizing: 'The Gulf Cooperation Council and the United States reaffirm their commitment to freedom of navigation and maritime security in the region and their determination to confront aggressive and illegal actions at sea or elsewhere that may threaten shipping lines, international trade, and oil facilities in the Gulf Cooperation Council member states.' This article is a translation of part of the research conducted on the 'PoliGraph' website, a fact-checking project by Voice of America.