‘Safe passage’: The fatal ambiguity at the heart of the Hormuz MoU
Summary
A recent agreement between the United States and Iran aimed to ensure safe passage of commercial ships through the Strait of Hormuz, a key oil shipping route. However, the agreement’s wording is vague, allowing Iran to claim it can control and charge fees for passage, which has led to renewed tensions and military actions in the region.Key Facts
- The memorandum of understanding (MoU) was made to end conflict and guarantee safe passage for ships through the Strait of Hormuz.
- The MoU’s Article 5 promises “safe passage of commercial vessels” but does not clearly say who manages this.
- Iran is responsible for making arrangements and talking with Oman and other Gulf states about future control and services, but the US is excluded from these talks.
- Iran may claim the right to require prior permission, set traffic routes, and charge fees for passage — potentially making billions of dollars.
- The Strait of Hormuz is an international waterway where ships generally have the right to free and continuous passage under international law.
- Iran disagrees with this international law, arguing for a narrower control that allows it to restrict ships more strictly.
- Charging fees for mere passage is illegal under international rules, which only allow charges for actual services like towing or piloting.
- Oman controls part of the strait and supports free passage, limiting Iran’s control there.
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