US President Donald Trump said on Friday that he would declare the Strait of Hormuz a US territory “pretty soon” after defeating Iran. The move could not be completed through a unilateral presidential proclamation, according to legal experts cited in the source report.
The waterway is a global oil and gas chokepoint between Iran and Oman, but its status remains disputed amid an ongoing war, an Iranian blockade and a US naval blockade. Some vessels have continued to pass through despite US claims that no ship can do so without Washington’s permission.
What Trump and Iran have said
Trump made the declaration during a speech at a police academy in New York, saying the United States was already effectively treating the strait as its territory because of the naval blockade. The source report said the blockade remained in effect, while maritime navigation data showed that some vessels had transited the passage.
Iranian officials rejected the claim. Judiciary chief officials called Trump’s remarks “nonsense”, while Deputy Foreign Minister Kazem Gharibabadi said the strait could not be seized by a presidential statement, military force or election speech. He said Iran would continue enforcing its blockade until Washington accepted what Tehran described as defeat and ended its “fanciful delusions.”
Related coverage: Trump says US will claim Strait of Hormuz after Iran war.
Why a declaration would not transfer sovereignty
Bruce Fein, who served as an associate deputy attorney general under President Ronald Reagan, said a treaty ratified by the US Senate or an act of Congress would be constitutionally required to annex territory. He cited the Louisiana Purchase, Hawaii, the Panama Canal, Puerto Rico and the Philippines as examples of territorial acquisition requiring more than a presidential announcement.
Natalie Klein, an international-law specialist and associate dean at the University of New South Wales in Sydney, said the claim might have some plausibility only if the United States were asserting control as an occupying power. That would require military control over Iran or at least its coastal areas, she said. Fein said an annexation would also constitute aggressive war under international law, including the UN Charter.
What international law says about the strait
The Strait of Hormuz is about 21 nautical miles, or 39km, wide at its narrowest point. Iran and Oman each claim territorial waters extending 12 nautical miles, or 22km, so those zones overlap across the passage. The strait is therefore situated between the two countries’ coasts rather than being an existing US territory.
More context: Iran links Strait of Hormuz reopening to US concessions.
The UN Convention on the Law of the Sea recognises coastal-state sovereignty over territorial waters but also protects ships’ right of passage through international straits. Neither the United States nor Iran has ratified the convention, although its rules for international straits are widely regarded as customary law. Iran and Oman are separately discussing management of maritime traffic.
Why the dispute matters now
The war began on February 28, and a memorandum of understanding signed by the United States and Iran in June was due to expire on Sunday. Iranian Foreign Minister Abbas Araghchi said talks with Oman could soon produce a settlement, but he treated reopening the waterway as separate from those discussions. Tehran has demanded that Washington remove its naval blockade and sanctions as part of any reopening arrangement.
The conflict has also raised economic and political pressure in the United States. A Reuters/Ipsos poll cited in the source report found that about 35 percent of Americans approved of the war, while petrol prices had risen above $4 a gallon. The report also said US media publications had reported shortages of munitions, including Patriot antimissile interceptors.
Also read: Hormuz remains closed as Iran sets conditions for reopening.
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