Iran’s Speculation on Blocking of the Strait of Hormuz

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Iran’s Speculation on Blocking of the Strait of Hormuz

Date: 3/9/2014 11:15:02 AM

Iran’s Speculation on Blocking of the Strait of Hormuz
Legal and Political Backings

Last week, Seumas Milne opined in an analysis in the Guardian that "for months the evidence has been growing that a U.S.-Israeli stealth war against Iran has already begun, backed by Britain and France". He believed that the cases such as crippling sanctions, covert support for Iranian armed opposition groups (PJAK), assassination of Iranian scientists, cyber warfare, and so on are witness to this claim. On December 13, a renowned Iranian columnist argued in Kayhan Daily that Iran should get ready for selective blocking of the Strait of Hormuz. Hussein Shariatmadari, as a top conservative analyst who usually reflects the Iranian Supreme Leader's viewpoints, argued that animosity of the West against Iran is getting to a critical point which requires a tough reaction, such as depriving of the enemies of benefiting of the Strait of Hormuz. He clearly recommended that in the case of sanctioning of Iranian Central Bank or likely embargo on the purchase of Iranian crude oil, Iran without any hesitation should react by blocking the Strait of Hormuz against the enemies. It is understandable that an economy which 80% of it relies to oil export, such kind threats make sense. Iran’s supreme leader already had warned that “Iran is not a nation to sit still and just observe threats from fragile materialist powers that are being eaten by worms from inside"; he bewared that the attackers should prepare for “strong blows and the steel fists” of the military, the Revolutionary Guard and the Basij. Such kind positions are murmured everyday in the Iranian mass media these days.

Meanwhile, the U.S. Senate has unanimously approved new round of economic sanctions on Iran targeting the country's central bank and oil industry, despite warnings the move could backfire by the White House. The measures, passed by 100 votes to nil, would ban foreign firms from doing business with the Iranian central bank. This measure also has been confirmed by the House by the overwhelming votes of 410-11 and 418-2. Before it can become law, it must be approved by the House and President Barack Obama, who is skeptical in the elections year. Along it, the European Union recently has agreed to impose fresh sanctions on 180 Iranian officials and firms over Tehran's nuclear program. The Ministers and the Summit meeting in Brussels also have agreed to work on other measures that could target Iran's energy sector. Although, they failed to reach an agreement to impose oil embargo against Iran, but just have suspended the issue until next January. Japan also has joined to the sanctions club against Tehran and decided to extend its sanctions on Iran which bringing the 267 organizations, 66 individuals and 20 banks under embargo. South Korea also has announced that it is seeking to join other Western Powers in sanctioning Iran.

In contrast, the Iranian top decision-makers believe that if the Strait of Hormuz does not function for Iran, it definitely would not be usable by its enemies. In this regard, the Iranian legislator, Parviz Sarouri, told the student news agency ISNA: "Soon we will hold a military maneuver on how to close the Strait of Hormuz. If the world wants to make the region insecure, we will make the world insecure." The practicality of such kind threat may be under question, but even making such statements is a disaster for the fragile economy of the West, especially the U.S. It looks that the dynamites have been piling in the region; just it needs a matches which is being prepared by hawks in the U.S., the Britain and even Iran.

But, why Iran makes such maneuver on the Strait of Hormuz and the West is hesitant on the so-called crippling sanctions? For the following reasons, the Strait of Hormuz has unique strategic advantages which affects world economy and politics;

1 - The Strait of Hormuz is the only waterway through which eight littoral states of the Persian Gulf can have access to the international waters.

2 - On average, every ten minutes, a giant oil ship passes through this waterway.

3. Nearly 90 percent of oil exports stem from the Persian Gulf and ocean-going ships carrying oil have to inevitably pass through the strategic Strait of Hormuz.

3 - More than 40 percent of world oil demand is supplied from the Persian Gulf.

5 - The Purchased weapons by the littoral states in the Persian Gulf from the United States and other European countries reach to the destination just by passing through the Strait of Hormuz

6-The United States Energy Information Institute predicts that by 2020 the volume of oil exports from Straits of Hormuz will increase to 35 million barrels per day.

Iran believes that its likely enemies have to know that they do not possess all the pieces of playing chess; if Tehran is due to be deprived of its oil exports or faces paralyzing sanctions; so, the Strait of Hormuz will not be secure to the tankers and ships carrying commercial goods or weapons from and to its enemies.

The legal reason on which Iran substantiates its position is the Geneva Convention on the Territorial Sea and the Contiguous Zone (1958). Although Iran is one of signatories of Law of Sea Convention (1982), but it has not ratified it yet, so it is not binding for Tehran. Hence, It is just the first one is legally binding for Iran.

Article 14 of the Geneva Convention (1958) stipulates:

"Subject to the provisions of these articles, ships of all States, whether coastal or not, shall enjoy the right of innocent passage through the territorial sea."

The Section 4 of the same Article states: "Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with these articles and with other rules of international law."

It is also stipulated in the Section 1 of Article 16:

"The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent."

The Section 3 of Article 16 reads:

"Subject to the provisions of paragraph 4, the coastal State may, without discrimination amongst foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published."

Those principles have been repeated in the articles 17 to 23 of the 1982 Convention on Law of Sea, with minor modifications. But the latter made a fundamental change on the legal regime of international straits which Tehran has not accepted it yet.

As those articles (of Geneva Convention) indicate; firstly, only ships which are crossing the Strait of Hormuz would be allowed, if the "security, order, comfort and rights of littoral state (here Iran)" should be accounted and their innocent passage should be verified. The Section 4 of Article 14, Section 1 of Article 16 of Geneva Convention (1958), emphasize that verifying the status of innocent passage of ships through the waterway (here the Strait of Hormuz) is up to the coastal state (Iran).

For those reasons, Iranians politicians raises this question: If Iran's oil exports would be disrupted by the United States, the European countries and their Asian allies such as Japan, the passing ships carrying oil for those countries can be accounted as "innocent"?

Tehran believes that the answer is definitely, no. Iran indicates that it is the right of Tehran to block the enemy’s vessels, so to prevent their empowerment and threatening Iran. The passage of vessels belonging to the likely enemies through Iranian territorial waters, especially the military ones and those carrying armaments is considered harmful to coastal state's (Iran) security and blocking them is Iranian inalienable right. May be it is reasoned that such kind blocking would not take long, but even the temporary one of it would be disastrous for the world economy and peace which unfortunately the hawks are careless about it. The trends of events make sense the Seumas Milne' assertion that two animus sides are practically closing to brinkmanship, let alone it is called crippling sanction or war.

Dr. Ali Omidi is an assistant Professor of Political Science in the University of Isfahan.

 



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