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The Strait of Hormuz: Is international law under siege?

The ongoing US–Israeli attacks on Iran appear to contradict the spirit of international law and have contributed to heightened instability in the Middle East.

Mohd Hazmi bin Mohd Rusli (The Jakarta Post)
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Kedah, Malaysia
Sat, March 14, 2026 Published on Mar. 12, 2026 Published on 2026-03-12T22:32:19+07:00

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The Thai bulk carrier "Mayuree Naree" spews smoke near the Strait of Hormuz after being struck on March 11, 2026, in this handout photo released by the Royal Thai Navy. The Thai Navy has said that at least 20 crew members were rescued from the vessel.  The Thai bulk carrier "Mayuree Naree" spews smoke near the Strait of Hormuz after being struck on March 11, 2026, in this handout photo released by the Royal Thai Navy. The Thai Navy has said that at least 20 crew members were rescued from the vessel. ( AFP/Royal Thai Navy)

T

he Strait of Hormuz remains one of the most strategically vital maritime choke points in the world. Linking the Persian Gulf to the Arabian Sea and onward to the high seas, it is bordered by Iran and Oman.

Roughly 20 percent of global crude oil and a significant portion of liquefied natural gas pass through this narrow waterway each day. Amid escalating tensions involving Iran, Israel and the United States in the Gulf region, a recurring legal question has resurfaced.

Can Iran lawfully close the Strait of Hormuz?

This issue must be assessed not only through treaty law but also in light of contemporary geopolitical realities, where major powers themselves have at times stretched or challenged international legal norms.

Under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the Strait of Hormuz is classified as a strait used for international navigation. Articles 38 and 44 establish the regime of transit passage. All ships and aircraft, including military vessels, enjoy the right of continuous and expeditious passage without prior authorization from coastal states.

Crucially, this right of transit passage may not be suspended, even during periods of tension or conflict.

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This principle does not apply exclusively to Iran. It equally governs other strategic straits such as the Strait of Malacca and the Strait of Singapore. Malaysia and Indonesia exercise sovereignty over the Strait of Malacca, while Malaysia, Indonesia and Singapore share responsibility over the Strait of Singapore. None of these littoral states may unilaterally close these waterways to international navigation.

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