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August 05, 2008

Straits of Hormuz is NOT "international waters"

OK I am seeing this error too often in too many blogs and some news reports -- and even a US Admiral who should know better. So let me set you straight: the Strait of Hormuz is NOT "international waters".

That's right, not international waters.

The strait is 21 miles wide. In the northern side, 10.5 miles are sovereign Iranian waters, and the 10.5 miles in the southern side are soverieng Omani waters.

Under international law, such straits are territorial waters of the adjoining nations. The water, the seabed, the air above -- all are sovereign territory of the coastal state.

Ships belonging to foreign countries -- including war ships -- are allowed to pass through such straights, but under limited circumstances known as "innocent passage"...

(Incidental material re: innocent passage has been updated to reflect correction by informed commenator: ships can pass under the new "transit passage" regime adopted by UNCLOS as of 1994 and submarines need not surface. I was wrong on that point.)

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Your post is misleading or misinforned on two key points:
1. Warships go through the Straits of Hormuz under the guise of "Transit Passage" through an "International" strait, which allows warships, submarines, and aircraft to transit in their "normal mode of operation" - which allows submerged operations for submarines, for example.
2. When warships engage in combat in the territorial waters of another country, they don't do so under the guise of innocent passage, but rather under some other aspect of international law that allows such operations - for example self-defense (even pre-emptive) or the enforcement of UNSCRs.

[I stand corrected on the first point re: transit passage and submarines and I have corrected the entry accordingly. On the second point, I don't think I suggested otherwise but was perhaps not clear.

Nevertheless, the point remains that the Strait of Hormuz is not "international waters"

- Cyrus.]

Excellent commentary. I was not aware of the above facts. Iran should sue the US in the international court for threatening the sovereignty of Iran.

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