Iran fires back at Trump's threat to declare Hormuz a U.S. territory
The US administration stated that it intends to declare the Strait of Hormuz a territory of the United States once the ongoing West Asia conflict concludes.
Iran's government rejected the claim, stating that the Strait "has been Iranian, is Iranian, and will remain Iranian," and that passage through it would continue to be regulated solely by Iran.
Iran has kept the Strait effectively closed to routine shipping since the war began in late February 2026, a closure the United States disputes the legality and effectiveness of.
The exchange underscores the unresolved diplomatic impasse between the two countries over terms to end the five-month conflict.
The Strait of Hormuz — Geography and Strategic Significance
The Strait of Hormuz is a narrow sea passage separating the Arabian Peninsula from Iran, connecting the Persian Gulf to the Gulf of Oman and the Arabian Sea. It is bordered by Iran to the north and Oman's Musandam Peninsula (with a UAE segment) to the south, making it a shared, internationally used waterway rather than the exclusive territory of any one state.
Key Details
- Narrowest width: approximately 29 nautical miles (about 54 km), with 2-nautical-mile-wide shipping lanes in each direction separated by a buffer zone.
- Around 25% of global seaborne oil trade transits the Strait, with roughly 20 million barrels per day of crude and products shipped through it in a typical year — making it the world's single most important oil chokepoint alongside the Strait of Malacca.
- Bordering states: Iran (north coast) and Oman/UAE (south coast, Musandam Peninsula).
A claim to convert the Strait into sovereign US territory would be legally unprecedented, since the waterway runs through the territorial seas of Iran and Oman and is governed as an international strait, not as unclaimed or contested land subject to annexation.
UNCLOS Part III — Straits Used for International Navigation
The UN Convention on the Law of the Sea (UNCLOS), 1982, governs passage through straits like Hormuz under Articles 34–45 (Part III). These provisions balance the sovereignty of the bordering coastal states with the right of all nations to navigate through straits connecting one part of the high seas/EEZ to another.
Key Details
- UNCLOS created the "transit passage" regime (distinct from the more restrictive "innocent passage" regime that applies to ordinary territorial seas) specifically for straits used for international navigation such as Hormuz, Malacca, and Gibraltar.
- Under transit passage, ships and aircraft of all nations may pass through "without delay," engaging only in activities incidental to continuous and expeditious transit.
- Articles 44–45 explicitly bar the bordering states from hampering or suspending transit passage.
- Iran has signed but not ratified UNCLOS; it instead asserts passage rights based on its own 1993 maritime law and reciprocity, which is a point of ongoing legal contention.
Both Iran's closure of the Strait and any US claim of sovereign "ownership" over it sit in tension with the transit passage framework, which treats Hormuz as an international waterway that no single state may unilaterally control or annex.
Territorial Acquisition Under International Law
Under customary international law and the UN Charter (Article 2(4)), acquisition of territory by force or unilateral declaration is prohibited; recognized modes of territorial acquisition are limited to cession, occupation of terra nullius, accretion, prescription, and conquest recognized under narrow historical exceptions — none of which apply to an inhabited, sovereignty-claimed maritime strait.
Key Details
- The principle of territorial integrity is enshrined in UN Charter Article 2(4), reinforced by UNGA Resolution 2625 (1970) on Principles of International Law (Friendly Relations Declaration).
- Maritime zones (territorial sea, EEZ, continental shelf) are creatures of UNCLOS and belong to the adjacent coastal state; they cannot be converted into the sovereign territory of a third, non-adjacent state.
- Precedent for such disputes generally proceeds through International Court of Justice adjudication or Security Council action, not unilateral declaration.
A unilateral US declaration of sovereignty over the Strait would run contrary to the settled international law prohibition on non-consensual territorial acquisition, distinguishing it from a maritime security or freedom-of-navigation operation.
- Strait of Hormuz narrowest width: ~29 nautical miles (~54 km).
- Share of global seaborne oil trade transiting the Strait: ~25% (~20 million barrels/day).
- Bordering states: Iran (north), Oman/UAE — Musandam Peninsula (south).
- Governing legal framework: UNCLOS 1982, Part III (Articles 34–45) — transit passage regime.
- Iran has signed but not ratified UNCLOS (1982).
- Conflict context: West Asia war began late February 2026; Strait effectively closed to routine shipping since then.