Tehran has every right under international law to close the Strait of Hormuz to nations with which it is in armed conflict.
In 2012, the guided-missile destroyer USS Porter, deployed to the U.S. Fifth Fleet. transiting Strait of Hormuz. (U.S. Navy/Alex R. Forster)
By Craig Murray
CraigMurray.org.uk
In international law, Tehran has every right to close the Strait of Hormuz to nations with which it is in armed conflict.
Two vital points: 1) States that permit attacks on Iran to be launched from their territory can be blocked and 2) Iran can block neutral ships from trading with states with which it is in conflict.
Plainly U.K. ships can be blocked under No. 1. But it is also undeniable that Gulf states have permitted attacks to be launched from their territory. A-10 Warthog attack jets have been routinely used against Iranian ships and were used in the extraordinary operation at the weekend involving special forces on the ground in Iran.
(If you believe that was a pilot rescue I have a bridge to sell you).
Multiple types of helicopter have also been used. The U.S. Fifth Fleet having run away well into the Indian Ocean, these short-range aircraft can only be operating out of the Gulf states.
HIMARS short-range missiles were also used against Kharg Island — again this has to be from the Gulf states.
Iran has the right therefore to close the Strait of Hormuz to ships trading with those Gulf States that are hosting U.S. forces attacking Iran. Which effectively means an almost complete closure of the straits.
The remaining legal obligation — from Article 34 of the U.N. Convention of the Law of the Sea — is to allow free passage to neutral vessels which are not trading with states with which Iran is in armed conflict. That is not likely to be a large number of vessels.
A week ago I participated in a discussion on Al Jazeera in which I was able to make some of these points. I also pointed out the hypocrisy of the Western powers’ sudden interest in freedom of navigation, when they have been supporting or ignoring illegal blockades of Gaza, Cuba and Venezuela, and illegal action against the misnamed “Russian shadow fleet.”
Craig Murray is an author, broadcaster and human rights activist. He was British ambassador to Uzbekistan from August 2002 to October 2004 and rector of the University of Dundee from 2007 to 2010. His coverage is entirely dependent on reader support. Subscriptions to keep this blog going are gratefully received.
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This article is from CraigMurray.org.uk.
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