President Donald Trump's threat to designate the Strait of Hormuz as 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, political, and strategic considerations surrounding this claim.
The Legal Impossibility
One of the most significant challenges to Trump's claim is the legal framework governing territorial sovereignty. As noted by legal experts, including Bruce Fein and Natalie Klein, the United States cannot unilaterally annex the Strait of Hormuz through a presidential proclamation. The process of acquiring territory requires a treaty ratified by the Senate or a statute, which is not the case here.
Fein emphasizes that such an action would constitute a crime of aggressive war under international law, including the UN Charter. This highlights the legal constraints on Trump's authority and the potential consequences of attempting to enforce his claim.
International Law and Customary Norms
The Strait of Hormuz, being an international strait, is subject to international laws and conventions. The UN Convention on the Law of the Sea (UNCLOS) recognizes coastal-state sovereignty over territorial waters but limits it to 12 nautical miles. The Strait of Hormuz, with its narrowest point being about 21 nautical miles wide, falls within the overlapping territorial seas of Iran and Oman.
Paul Musgrave, an associate professor of government, points out that Trump's statements are often aimed at a domestic audience, particularly his support base. He suggests that while Trump's rhetoric may be attention-grabbing, it should not be taken literally, especially in this case, as the claim is physically and legally impossible.
Strategic and Political Considerations
Trump's threat to make the Strait of Hormuz a US territory is part of a broader strategic and political context. The ongoing tensions with Iran and the naval blockade in the Strait of Hormuz have been a central issue in the war. However, the war is widely unpopular in the US, with only 35% of Americans approving of it, according to a Reuters/Ipsos poll.
The Trump administration's focus on controlling petrol prices and stopping Iran's nuclear program may indicate a shift in priorities. The war's impact on the US economy, including rising petrol prices, has become a significant concern for the administration.
The Iranian Response
Iran has vehemently rejected Trump's claims, with officials describing them as 'nonsense'. Kazem Gharibabadi, Iran's deputy foreign minister, emphasized that the Strait of Hormuz belongs to Iran and will remain under Iranian command. Iran's negotiations with Oman aim to manage maritime traffic, but the reopening of the strait is contingent on US concessions, including the removal of naval blockades and sanctions.
Conclusion
In conclusion, Trump's threat to make the Strait of Hormuz a US territory is more of a political statement than a practical action. The legal and strategic challenges are significant, and the claim is unlikely to be enforced. The ongoing tensions and the war's impact on the US economy highlight the complexities and challenges in the region. As the situation unfolds, it is crucial to consider the broader implications and the need for diplomatic solutions to address the Strait of Hormuz and the broader Iran-US tensions.
