Legal experts: Iran's Hormuz restrictions violate naval warfare rules, target neutral ships

With commercial traffic in a chokehold in the Strait of Hormuz, legal experts say the situation is no longer governed primarily by peacetime navigation rules under UNCLOS, but by the law of naval warfare. Professor Natalie Klein of the University of New South Wales told Anadolu that Iran, as a belligerent state, can take measures against vessels linked to its adversaries, including merchant vessels flagged to the US or Israel.

Violations against neutral vessels

However, "the vast majority of those 3,000 or so ships" stranded in the Persian Gulf are flagged to neutral states, Klein said. While Iran may "stop and search those ships," she stressed that "it should not be targeting them and firing on them." Klein noted that "these rules have been violated because Iran threatened every single ship coming through, calling them military targets." There are over 20,000 seafarers onboard those ships who are "essentially vulnerable to being attacked."

Legal complexity

The UN Trade and Development (UNCTAD) acknowledged the legal complexity, noting that "questions of customary international law are rarely straightforward" during conflict. Recent actions suggest legal limits may have been exceeded. Klein said the key issue is the failure to distinguish between vessel types: "Iran threatens every single ship going through... and is definitely going too far."

Possible solutions

Possible solutions could include establishing a maritime safe corridor through international coordination, as proposed by a coalition including Bahrain, Singapore, Japan, Panama, and the UAE. Another option involves naval convoys led by neutral states, though requiring strict conditions and coordination with Iran. UNCTAD noted that Secretary-General Guterres has established a dedicated task force exploring a potential "Hormuz mechanism" similar to the Black Sea grain deal.

Uncertain future

Ship transits remain at well below 10% of pre-crisis levels. With the two-week ceasefire set to expire on April 22, uncertainty surrounds the future. UNCTAD warned that if disruptions persist, "the suffering will extend far beyond the region, translating into widespread economic hardship."