- Trump claimed the US has a blockade in the strait, saying 'No ships get through unless we want them to.'
- Iran dismissed Trump's threat as 'nonsense', with officials asserting Iran's control over the strait.
- Legal experts say Trump is constitutionally powerless to annex the strait on his own, and doing so would constitute a crime of aggressive war under international law.
- International law expert Natalie Klein said Trump's claim could only have plausibility if the US were an occupying power, but that would require military control over Iran or its coastal areas.
- Georgetown professor Paul Musgrave said Trump's statements are aimed at his US audience and should not be taken literally, as making the strait US territory is physically and legally impossible.
- The UNCLOS limits territorial seas to 12 nautical miles, and the strait's narrowest point is about 21 nautical miles wide, causing overlapping territorial seas.
- Al Jazeera's Kimberly Halkett noted that Trump's statement was not taken seriously, even by himself, and that the strait is in the territorial waters of Iran and Oman.
President Donald Trump threatened to declare the Strait of Hormuz a U.S. territory, stating, “After we finish defeating Iran, pretty soon I’ll be declaring the Hormuz Strait a territory of the United States,” during a speech in New York. This waterway is crucial, as it facilitates the passage of one-fifth of global oil and gas.
Iran swiftly condemned Trump’s remarks, with Kazem Gharibabadi, Iran’s deputy foreign minister, asserting, “The Strait of Hormuz cannot be seized by tweet, nor by aircraft carrier, nor by issuing an order.” He emphasized that the strait is “Iranian” and will remain so, stating, “this strait will only be closed and opened under Iran’s command.”
Legal experts have weighed in on the implications of Trump’s threats. Bruce Fein noted that Trump lacks the constitutional authority to unilaterally annex territory, stating, “A treaty ratified by the Senate or statute is constitutionally required to annex territory.” He warned that any attempt at annexation would be considered a “crime of aggressive war” under international law.567
International law specialist Natalie Klein added that for Trump’s claim to hold any weight, the U.S. would need to exert military control over Iran, which is currently not feasible. Paul Musgrave from Georgetown University remarked that Trump’s statements are often aimed at his U.S. audience, suggesting that while they may be serious, they should not be taken literally.89101112
“Iran's deputy foreign minister Kazem Gharibabadi said the strait 'cannot be seized by tweet, nor by aircraft carrier,' while Al Jazeera's Kimberly Halkett noted the strait lies in the territorial waters of Iran and Oman. The UNCLOS limits territorial seas to 12 nautical miles, and the strait's narrowest point is about 21 nautical miles wide, causing overlapping claims.”
