Legal Experts Condemn Reciprocal Blockades as US and Iran Violate International Maritime Transit Rights

Legal experts analyze the illegal blockades by the US and Iran in the Strait of Hormuz, highlighting violations of the right to innocent passage and UN laws.

By: AXL Media

Published: Apr 16, 2026, 10:17 AM EDT

Source: Information for this report was sourced from Policymagazine.ca

The Legal Status of an International Waterway

The Strait of Hormuz is defined under customary international law and the United Nations Convention on the Law of the Sea (LOS) as an "international strait." This designation applies to any body of water connecting two parts of the high seas or an exclusive economic zone (EEZ) that is used for international navigation. Regardless of whether the passage lies within the 12-mile territorial waters of bordering nations like Iran, its historical and geographic significance grants all vessels the sanctified right of transit. Legal scholars emphasize that this status is not subject to the whim of regional powers, as the waterway serves as the essential maritime artery between the Persian Gulf and the Arabian Sea.

Violations of the Right of Transit Passage

Current military activities by both belligerents are in direct opposition to Article 38 of the LOS Convention, which mandates that the right of transit passage "shall not be impeded." Iran’s indiscriminate blockade, which includes the mining of the waterway and threats against commercial tankers from non-belligerent nations, constitutes a flagrant breach of these established rules. According to legal analyst Lawrence L. Herman, a lawful blockade under the laws of war only permits the interdiction of commerce to and from belligerent states. Iran’s current strategy is deemed illegal because it impacts neutral international shipping, violating the requirement for continuous and expeditious transit.

American Countermeasures and Judicial Precedent

In response to Iranian aggression, President Donald Trump has ordered U.S. Central Command (CENTCOM) to enforce its own blockade, specifically targeting ships entering or exiting Iranian ports. While the U.S. has stated it will allow neutral, non-Iranian traffic to pass, the deployment of over a dozen warships and the commencement of mine-clearing operations have placed the U.S. in a complex legal position. Historic precedents, such as the 1947 Corfu Channel Case, affirmed that corrective actions to maintain passage may be permissible, but they must remain proportionate. Legal experts warn that disproportionate military strikes on Iranian assets would not be tolerated under the current international legal framework.