The recent US-Iran conflict has sparked a crisis in the Strait of Hormuz, which is not just a regional issue but a significant test for international maritime law. A report from the ‘Politeia Research Foundation’ highlights the tension between the United Nations Convention on the Law of the Sea (UNCLOS) and the Laws of Armed Conflict at Sea in the current situation in the Hormuz region.
The report emphasizes that the rules governing straits during peacetime are outlined in UNCLOS, which allows for ‘transit passage’ through international straits without hindrance. However, during conflicts, the legal framework of transit passage faces challenges, impacting nations’ actions far beyond the conflict zone.
UNCLOS prohibits any interference with transit or “innocent passage” through straits used for international navigation, but the report notes that both the US and Iran may not consider these provisions binding due to their stance on UNCLOS.
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