Can Iran tax ships passing through Hormuz? A law expert weighs in

Key Concepts

• Strait of Hormuz: A critical international maritime chokepoint for global oil transit.
• Freedom of Navigation: The principle under international law that vessels have the right to pass through international straits without interference or tolls.
• 1982 UN Law of the Sea Convention (UNCLOS): The primary legal framework governing maritime rights and transit.
• Decapitation Strategy: A military/political tactic aimed at removing the leadership of an adversary.
• Proxy Warfare: The use of third-party groups (e.g., Hezbollah, Hamas, Houthis) to conduct military operations on behalf of a state actor (Iran).

1. Ceasefire Confusion and Diplomatic Dynamics

Professor Donald Rothwell attributes the current confusion surrounding the ceasefire to the "11th-hour" nature of the negotiations. President Trump imposed a deadline, leading to an announcement before all technical details were finalized.

• The Role of Intermediaries: Pakistan acted as the primary mediator between the U.S. and Iran.
• Israel’s Stance: Israel’s continued military operations in Lebanon suggest they do not feel bound by the broad ceasefire terms, highlighting a disconnect between the U.S.-brokered deal and Israel’s specific military objectives.
• Internal Instability: Both Washington and Tehran are experiencing internal uncertainty regarding the exact terms of the agreement, with further high-level meetings scheduled in Islamabad involving U.S. Vice President JD Vance.

2. Legal Status of the Strait of Hormuz

Professor Rothwell clarifies the legal implications of Iran’s actions and the proposed toll system:

• Armed Conflict Status: During the current five-week conflict, normal navigation rights are effectively suspended for belligerents and compromised for neutral parties due to the area being an active theater of war.
• Illegality of Tolls: The proposal for a joint U.S.-Iran toll regime is inconsistent with international law. Rothwell notes that international law does not recognize the imposition of tolls in international straits.
• Precedent: The U.S. has historically been a staunch defender of "freedom of navigation." Rothwell compares the concept to a "freeway" versus a "tollway," noting that the 1982 UNCLOS and consistent state practice since WWII prohibit such fees.
• International Pushback: The Greek Prime Minister has already signaled strong opposition to any toll regime, suggesting that major global powers will likely reject this proposal.

3. The Strategic Importance of Lebanon and Hezbollah

The conflict in Lebanon is a major point of contention that threatens the stability of the ceasefire.

• Israel’s Objective: Israel views the eradication of Hezbollah from Southern Lebanon as a critical military goal. Because Hezbollah initiated rocket fire early in the conflict, Israel is prioritizing this front regardless of broader ceasefire negotiations.
• Iran’s Leverage: Iran, as a historical supporter of Hezbollah, views the inclusion of Lebanon in the ceasefire as a non-negotiable condition.
• Division of Labor: Rothwell observes that Israel has focused its military efforts on weakening Iranian proxies (Hezbollah, Hamas, Houthis), while the U.S. has focused its efforts on the direct confrontation with the Iranian state.

4. Political Uncertainty and Leadership

• Decapitation Strategy: The U.S. has successfully targeted Iranian leadership, which has created a vacuum of power. It is currently unclear who holds ultimate authority within the Iranian regime, complicating the finalization of a lasting deal.
• Conflicting Narratives: Despite the lack of clarity, the fact that both the U.S. and Iran publicly celebrated the ceasefire suggests that some level of agreement was reached, even if the specific terms remain contested.

Synthesis and Conclusion

The situation remains highly volatile due to the misalignment between U.S.-brokered ceasefire goals and Israel’s specific military objectives in Lebanon. Furthermore, the proposal to implement a toll system in the Strait of Hormuz represents a significant departure from established international maritime law and is likely to face intense global opposition. The next 24–48 hours are deemed critical, as upcoming meetings in Islamabad will attempt to reconcile the conflicting versions of the 10-point plan and address the fundamental legal and military disputes currently stalling the peace process.