President Donald Trump stated on Friday that he would designate the Strait of Hormuz a territory of the United States “pretty soon.” This waterway, a global chokepoint through which one-fifth of the world’s oil and gas passes, remains the subject of an intense military and diplomatic standoff. The announcement arrives as a memorandum of understanding signed between the two nations in June is set to expire this Sunday.
In the apparent game of who blinks first—though Trump claims negotiation with Iran “is like chess”—the US president’s military rhetoric has followed a consistent pattern throughout the ongoing war, which began on February 28. On many occasions, he has threatened to attack Iran only to pull back at the eleventh hour.
“After we finish defeating Iran, which is being very badly defeated, pretty soon I’ll be declaring the Hormuz Strait a territory of the United States,” Trump said during a speech at a police academy in New York. Referring to the current naval blockade, he suggested the transition was already effectively underway, adding, “Essentially, that’s what it is. We have the blockade. No ships get through unless we want them to.”
Iran has fired back, dismissing Trump’s threats as “nonsense.” Tehran has utilized the passage as a global economic lever, while Washington maintains a naval blockade against Iranian ports. Despite US claims of total control, maritime navigation data indicates that some vessels have successfully transited the passage despite the ongoing blockade.
Al Jazeera’s Kimberly Halkett, reporting from Washington, DC, noted that the president appeared to be joking when he made the remarks. “It’s clear the US president, with a chuckle as he said that, even himself, is not taking this particularly seriously,” she said. “But what the US president likes to do is get under the skin of adversaries, and, in this case, it’s Iran.”
Several Iranian officials have reacted sharply to the comments. The head of the judiciary labeled the US president a criminal and “feather-headed,” reiterating that the strait belongs to Iran. Kazem Gharibabadi, Iran’s deputy foreign minister, added, “The Strait of Hormuz cannot be seized by tweet, nor by aircraft carrier, nor by issuing an order, nor by an election speech.”
A spokesperson for the Iranian government further emphasized their stance: “The Strait of Hormuz has been Iranian, is Iranian, and will remain Iranian; this strait will only be closed and opened under Iran’s command, and as long as you do not accept the reality of defeat and cease your fanciful delusions, Iran will continue to enforce the blockade.”
The economic stakes remain high, as petrol prices in the US have increased to an average of more than $4 a gallon. Last week, US Vice President JD Vance stated that the administration’s top priority is controlling these fuel costs, with the goal of stopping Iran’s nuclear program now considered secondary.
Legal experts point out the impossibility of Trump’s proposal. The UN Convention on the Law of the Sea (UNCLOS) recognizes coastal-state sovereignty over territorial waters, but limits that sea to 12 nautical miles (22km). At its narrowest point, the strait is only 21 nautical miles (39km) wide, meaning the territorial waters of Iran and Oman overlap.
Paul Musgrave, an associate professor of government at Georgetown University in Qatar, argued that Trump’s statements are primarily aimed at his domestic support base. He noted that declaring the strait US territory is both physically and legally impossible, and the president’s rhetoric should not be taken as a literal policy shift.
Meanwhile, Iran has engaged in talks with Oman to reach a settlement on managing maritime traffic. However, Iranian official Abbas Araghchi stated that the reopening of the waterway is a separate issue, contingent on Washington adhering to the promises made in the June memorandum of understanding.
This represents a shift in Tehran’s position, as they now seek specific US concessions for the reopening of the waterway. Ultimately, sovereignty cannot be transferred through a unilateral presidential proclamation, and previous threats, such as the intent to seize Iran’s Kharg Island, have similarly failed to materialize into reality.
Tehran then responded by saying that its Islamic Revolutionary Guard Corps would be waiting for them, “with fingers on the trigger”.
If he goes ahead with annexation, Fein says, it would “constitute the crime of aggressive war under international law, including the UN Charter”.
Natalie Klein, a specialist in international law and associate dean at the University of New South Wales, Sydney, said, “Essentially the only way Trump’s claim could have any plausibility under international law would be
For instance, Trump had earlier threatened to send US boots to Iran’s Kharg Island to take over the key Iranian oil export hub in the Gulf.
Trump had previously also threatened to take over Greenland, an autonomous territory of Denmark.
Bruce Fein, associate deputy attorney general under President Ronald Reagan, says Trump is constitutionally powerless to annex on his own.
“A treaty ratified by the Senate or statute is constitutionally required to annex territory, as with the Louisiana Purchase or annexation of Hawaii or Panama Canal or acquisition of Puerto Rico or the Philippines in ending the Spanish-American War.
Natalie Klein, a specialist in international law and associate dean at the University of New South Wales, Sydney, said, “Essentially the only way Trump’s claim could have any plausibility under international law would be if the US was asserting control over the Strait as an occupying power perhaps comparable to the authority the US exercised over Japan immediately after World War II.”
Trump’s war on Iran is also widely unpopular in the US, where the president and his fellow Republicans are seeking to defend their narrow congressional majorities in November’s midterm elections.
Barely 35 percent of Americans approve of the war, according to a Reuters/Ipsos poll.
Several US media publications have reported that Washington is running short on munitions, including the crucial Patriot antimissile interceptor.
Tehran has also attacked its neighbours in the Gulf, which analysts say are aimed at forcing the regional countries to push Washington into a corner at the negotiating table.
While neither the US nor Iran has ratified UNCLOS, the convention’s rules on international straits are widely regarded as customary law.
It is important to remember, he added, that Trump is a product of US reality TV and is, at the end of the day, a “showman”.
