The U.S. military announced on Tuesday the prevention of six vessels from leaving Iranian ports within the first 24 hours of a blockade initiated against Tehran. International law expert Kristin Bartenstein from Laval University characterized this tactic as “lawful” but also as an “act of war.”
Understanding the U.S. Blockade
The current blockade primarily targets Iran’s coastline and ports. It aims to restrict access to Iranian maritime routes while leaving the coasts of other Gulf countries unaffected. Therefore, only vessels headed to or leaving Iran are subject to the blockade.
- Objective: Prevent ships from accessing Iranian ports.
- Authorized Regions: Does not include the Strait of Hormuz, which remains open for passage.
Legality of the Blockade
A blockade is generally regarded as an act of war imposed by one belligerent on another. Bartenstein highlights that such actions are typically legal under international law, provided specific conditions are met:
- Prior notification of the blockade.
- Complete blockage of all vessels leaving the designated area.
- No obstruction of neutral coastlines and ports.
- Unimpeded transit passage through straits.
The effectiveness of a blockade is crucial. If a ship attempts to breach the blockade and faces a significant risk of interception, the blockade is deemed effective. Ships ignoring it could be seized under international law.
Potential Consequences
While the blockade is currently lawful, its context could alter its legality. Should it lead to severe humanitarian impacts, such as food shortages for the Iranian population, the situation may change. Prolonging the blockade could necessitate allowances for humanitarian supplies.
Implementation of the Blockade
Effectively applying the blockade requires some level of force without immediate aggression against the vessels. For instance, Iranian oil tankers seeking to reach international waters could face seizure by U.S. armed forces, thereby discouraging such attempts.
Monitoring compliance is conducted at a distance from Iranian shores, possibly keeping U.S. forces out of direct conflict zones. Interventions on suspicious vessels may proceed from the air, with communication initiating an inspection request. Non-military commercial vessels are likely to comply without resistance.
However, if a commercial vessel attempts to defy the blockade, the enforcing forces have the right to pursue using necessary means. As long as the chase continues outside territorial waters, the blockade enforcement is upheld.
In conclusion, the U.S. blockade against Iran raises complex legal and ethical questions, balancing national security against humanitarian considerations and international law.
