President Donald Trump's threat to make the Strait of Hormuz a US territory has sparked debate and raised questions about the feasibility and implications of such an action. While Trump's rhetoric may be attention-grabbing, it is important to analyze the legal and practical considerations surrounding this claim. Firstly, it is crucial to understand the nature of the Strait of Hormuz as an international waterway. The Strait is a critical chokepoint for global oil and gas transportation, located between the coasts of Iran and Oman. However, it is essential to note that the Strait is in international waters, and neither the US nor Iran has ratified the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS recognizes coastal-state sovereignty over territorial waters, but only up to 12 nautical miles from the coast. The Strait's narrowest point is approximately 21 nautical miles, and the territorial seas of Iran and Oman overlap across it. This means that neither country has exclusive control over the entire Strait. Moreover, the concept of a country unilaterally declaring a strait as its territory is highly problematic. As Bruce Fein, a legal expert, points out, sovereignty cannot be exchanged through a presidential proclamation. Annexing territory requires a treaty ratified by the Senate or a statute, which is not applicable in this case. Trump's threat to send US troops to Iran's Kharg Island and his previous attempt to take over Greenland also highlight the impracticality of his claims. The legal implications of such actions would be severe, constituting the crime of aggressive war under international law. Additionally, the Strait of Hormuz is currently under a naval blockade by the US, which has been maintaining a military presence in the region. However, Iran has been holding talks with Oman to manage maritime traffic, and the reopening of the Strait is contingent on the US adhering to the promises made in the June memorandum of understanding, including the removal of the naval blockade and sanctions on Iran. The US public's opinion on the war with Iran is also unfavorable, with only 35% of Americans approving of it, according to a Reuters/Ipsos poll. The war's impact on petrol prices and the shortage of munitions, including the Patriot antimissile interceptor, further underscores the challenges and unpopularity of the conflict. In conclusion, while Trump's threat to make the Strait of Hormuz a US territory may be a strategic move to exert pressure on Iran, it is legally and practically impossible. The Strait's international status, the lack of a ratified treaty, and the overlapping territorial seas of Iran and Oman make such a declaration invalid. Moreover, the ongoing negotiations and the need for US concessions to reopen the Strait highlight the complexity and challenges of the situation. It is essential to approach Trump's rhetoric with a critical eye, recognizing the legal and practical limitations of his claims.
