Blockades and fees: Why are the US’s actions in Hormuz legal while Iran’s are not? - interview
Summarized and contextualized by DistantNews.
At a glance
- The US blockade of the Strait of Hormuz can be legal under the San Remo Manual, even if it impedes passage, provided certain conditions are met.
- Iran's blockade of the strait is considered illegal under international law because it failed to distinguish between enemy and neutral vessels and is akin to piracy.
- Iran plans to charge vessels for transiting the strait, potentially generating $40 billion annually through fees for services.
The United States' blockade of the Strait of Hormuz can be deemed legal, even if it restricts passage through the vital waterway, provided it adheres to the terms of the San Remo Manual, according to Adv. Yoav Harris of Harris & Co. Maritime Law Office. The manual stipulates that blockades must be effectively enforced impartially against all nations, that belligerents and neutral states must be fully informed, and that the blockade should not aim to starve civilians, allowing for humanitarian relief.
This contrasts with Iran's blockade of the Strait of Hormuz, announced in March 2026, which is viewed as illegal under international law. Harris explained that Iran's actions are problematic because the Islamic Republic did not differentiate between enemy and neutral vessels, targeting all ships that allegedly failed to coordinate with the regime. He stated that Iran's actions, which involved firing at vessels, are "very close to what is defined as piracy under the UN Convention."
If we look into what Iran did here, it was simply firing at vessels going through the Strait of Hormuz. It has no basis in international law. It is very close to what is defined as piracy under the UN Convention, which refers to acts of violence carried out by a vessel or aircraft against other vessels.
While the San Remo Manual requires impartial enforcement, Iran's blockade was announced by Ebrahim Jabbari, a senior adviser to the Islamic Revolutionary Guard Corps commander-in-chief, stating that only countries friendly to the regime would be permitted passage. Furthermore, Tehran has explicitly stated its intention to charge vessels for transiting the waterway. Iranian officials estimate this could generate approximately $40 billion annually through fees for security, safety, and environmental services. The Persian Gulf Strait Authority also claims the right to mandate insurance purchases for vessels seeking passage.
The only distinction is that piracy is committed by private actors or by government vessels that have been taken over by their crews. When a state engages in such actions, it is simply not in accordance with international law.
Originally published by Jerusalem Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.