Who is breaking international law in the Strait of Hormuz? It’s not Iran, says scholar

AMY GOODMAN: This is Democracy Now!, I’m Amy Goodman.

As we continue to look at the US and Israeli war on Iran, we’re joined now by Dr Maryam Jamshidi. She is an Iranian American associate professor of law at the University of Colorado Law School and a nonresident fellow at the Quincy Institute. She has written a new piece for The Nation magazine headlined “Only One Side Has Clearly Broken the Law In the Strait of Hormuz: And it isn’t Iran.”

Professor Jamshidi, explain.

MARYAM JAMSHIDI: Hi, Amy. Thanks for having me.

So, you know, what I was trying to get at in that piece is that, you know, there’s been a lot of international outcry about what Iran has done in the strait, specifically its efforts to regulate passage of ships through the strait and to charge certain ships a fee for going through the strait.

The international rhetoric has been that what Iran is doing is completely and clearly illegal. And from my perspective, that’s not entirely true. This is not a black-and-white issue. Iran does have a reasonable legal argument to regulating the Strait of Hormuz, as well as to charging fees.

By contrast, the criticism of what the United States and Israel has done to Iran, which is an aggressive and illegal war, has been more muted, in particular from Western states, as well as from some of the regional Arab states. And I think this contrast between these two reactions is very telling — on the one hand, total condemnation of Iran on legal issues that are far from clear, and very more muted criticism, more limited criticism of the United States and Israel when it comes to actions they’ve taken that are very clearly unlawful under international law.

I think this says a lot about the ways in which international law is being deployed in this moment as a way of restraining and regulating Iranian behavior, while effectively allowing the United States and Israel a free hand to do what they want against the Iranian government.

Who is breaking international law in the Strait of Hormuz? Video: Democracy Now!

AMY GOODMAN: What do you think this unprovoked war that Israel and the US — this war of choice, as it’s called — have engaged in with Iran has done to international law and people’s perspective view of it around the world, and the consequences when people want to apply international law?

MARYAM JAMSHIDI: Yeah, I mean, it’s a great question. I mean, you know, over the last few years, we’ve seen the ways in which Israel, in particular, with support from the United States, as well as with support from much of the rest of the West, Western governments, has eroded and violated and scoffed at international law, in its actions towards the Palestinians, its actions in Lebanon, its actions in Syria, its actions in Yemen, its other actions in Iran.

And I think that, you know, these actions that Israel has taken has understandably led many to question the utility and importance of international law, whether or not it still exists or not. And, you know, now with this war against Iran, that, those concerns, those fears that international law is really meaningless, have only increased.

In this moment, though, I think what’s also important to understand is that states like Iran are also at the same time saying, “No, international law matters very much, and we expect to be treated as equals under international law.”

Iran, in this moment, is framing a lot of what it’s doing in international law terms, because it understands that if international law is truly going to be thrown into the dustbin, then it’s going to be far more vulnerable on the international stage.

So, we basically see a battle. We see a battle between, on the one side, states like Israel and the United States, states that are, by and large, Western, you know, basically saying, “International law doesn’t apply to us. We can do what we want,” and then other states, like Iran, states of the Global South, saying, “No, we want international law. We value international law. International law is necessary to ensuring that we are sovereign and equal to other states on the international scale. And so, we are not going to let international law just be taken away from us.”

AMY GOODMAN: Can you talk more about the UN Security Council? You’ve noted multiple resolutions have been introduced to condemn Iran’s regulatory actions in the strait. Who is behind these resolutions? Meanwhile, the Iranian Parliament is reportedly considering legislation that would formalise its regulatory system, including the fee system, as part of its domestic law.

MARYAM JAMSHIDI: Right. So, there were — there have been multiple resolutions brought before the Security Council since the war started. They have mostly been focused on Iran and Iran’s actions in the Strait of Hormuz. The states that have been the real force behind these resolutions appear to be the Arab Gulf states, in particular Bahrain and the UAE, who have also been the subject of the most attacks by Iran.

What’s, again, very interesting and, I think, important to understand about these resolutions is that they very clearly and absolutely condemned Iran for its regulatory actions within the Strait of Hormuz. As I mentioned, even though those actions do have a legal basis, those resolutions presented them as being fully unlawful.

And one of those resolutions, which, thankfully, was vetoed by China and Russia, would have effectively authorised all UN member states — that’s over 190 states — to go to war with Iran in order to open the Strait of Hormuz. I mean, that is a very radical proposition, to basically validate and allow states to engage in armed conflict against another state simply for the purpose of opening a waterway.

So, you know — and again, there were no resolutions that were brought to the Security Council to explicitly condemn the US and Israel for their actions against Iran.

In terms of the domestic legislation inside Iran, you know, that the Iranian Parliament appears to be contemplating, as you mentioned, this legislation would basically make the regulatory scheme within Hormuz, in the Strait of Hormuz, a part of Iranian law.

It’s not entirely clear what the terms of that law are, you know, what the basis for it is, what kind of regulation it will in fact implement. But it does seem to have a fee system as a part of it. So, the Iranians are trying to take this ad hoc fee system that they have developed over the course of the last few weeks and actually institutionalise it within domestic law.

AMY GOODMAN: I wanted to end by asking you about [US President Donald] Trump’s comments. On Saturday, he told a reporter at Fox News, “If Iran doesn’t sign this deal, the whole country is getting blown up.” That followed two weeks before, when he warned, “A whole civilization will die tonight, never to be brought back again.” Professor Jamshidi?

MARYAM JAMSHIDI: These comments are absolutely unacceptable. I mean, they are borderline genocidal in their intent and in their implications. To say to the world that you’re going to obliterate an entire civilisation is, in fact, to make very clear that you desire to destroy an entire people.

You know, I don’t know if he thinks that this is an effective negotiating tool, but certainly from a legal perspective, from a moral perspective, it’s beyond the pale.

This article is republished from Democracy Now! under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States Licence.

This content originally appeared on Asia Pacific Report and was authored by APR editor.

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