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The Iran War and Maritime Security
Iran’s harnessing of its strategic geography and relatively inexpensive military technology to close the Strait of Hormuz has brought the world to the cusp of change in a fundamental precept enshrined in the international law of the sea, that of Freedom of Navigation (FON). In this brief, the author explores the implications of this closure.
International Maritime Law presently permits ships of all nations, including warships, the right of unencumbered passage throughout the world’s oceans, including in national Exclusive Economic Zones and territorial waters, where the only requirement is that the passage should be innocent. Although challenges have risen to FON in the past, notably from China, these have been in the grey zone and have not posed a direct challenge to the US and international shipping. Iran’s action, in response to the war imposed on it by the US and Israel, poses the first direct challenge of the unipolar era to US military power and its ability to enforce FON.
Keeping the world’s sea lanes open and ensuring FON is among the primary missions of the US Navy. It was also one of the reasons that led the US into World Wars I and II. Ever since the UN Convention on the Law of the Sea (UNCLOS) was negotiated, the US Navy has maintained a FONOP programme to safeguard US interests and demonstrate its non-acquiescence to excessive maritime claims by coastal states.
The efficacy of any law ultimately depends on the ability and willingness to enforce it. The author concludes that if the US can force the opening of the Strait of Hormuz to commercial traffic, thus maintaining Freedom of Navigation, it will maintain its global primacy. If, however, it is unable to do so, it will demonstrate to the world that its military power is no longer sufficient to protect a vital interest. The US will be deemed to have lost the war, setting the stage for revisionist powers to further challenge the FON principle in the years ahead.
To read this DPG Policy Brief Volume XI, Issue 10, please click “The Iran War and Maritime Security”.
