Western Europe Doesn’t Support Rule of Law for Strait of Hormuz

Western European nations don’t support the rule of law over international waters. The Strait of Hormuz is an international strait and it is illegal to force ships to pay protection money to pass it. Western European nations; especially France, are willing to pay tribute to Iran to let their ships pass, rather than to make the least effort to defend the rule of law that would also be convenient for them in this case.

Iran’s ten point ‘peace plan’ is loaded with criminal propositions that make it implicitly void. It is interesting that the media and governments seem to be ignoring the illegality of Iran’s document. Illegal contracts are invalid. Iran can’t charge tolls over international waters.

Gemini summarized the rule of law paradigm for the Strait of Hormuz…

Gary-Isn’t the strait of hormuz supposed to be free to transit according to international maritime law?

Gemini-Yes, under international maritime law, the 

Strait of Hormuz is considered an “international strait” that should be free for transit passage. However, this legal status is currently at the center of a major geopolitical dispute involving differing interpretations of the law. 

1. The Right of Transit Passage (UNCLOS)

The primary framework is the United Nations Convention on the Law of the Sea (UNCLOS), which established the Transit Passage regime. 

• Non-Suspendable: Unlike “innocent passage” in other territorial waters, transit passage through international straits cannot be suspended by coastal states, even during armed conflict.
• Unimpeded Access: All ships and aircraft enjoy the right to continuous and expeditious passage without needing prior permission.
• Prohibition of Tolls: Article 26 of UNCLOS explicitly prohibits states from charging fees for mere passage. 

2. Iran’s Legal Counter-Argument

Iran’s position challenges this global consensus based on its specific treaty status: 

• Non-Ratification: Iran signed UNCLOS in 1982 but never ratified it. Tehran argues that transit passage is a “quid pro quo” for treaty members only and does not apply to non-parties.
• Innocent Passage vs. Transit Passage: Iran maintains that only the more restrictive Innocent Passage regime applies. This would legally allow them to:
  • Require prior authorization for warships and submarines.
  • Temporarily suspend passage for national security reasons.
• Wartime Justifications: Recently, Iranian officials have argued that ongoing hostilities (the 2026 Strait of Hormuz crisis) allow for “wartime rules” that supersede peacetime treaties. 

3. Current 2026 Crisis Developments

As of April 2026, Iran has taken several steps that most legal experts from organizations like Just Security and TRT World view as violations of international law:

• Selective Passage: Iran has reportedly blocked ships linked to the U.S., Israel, and their allies while allowing “friendly” nations like China and Russia to pass.
• Transit Tolls: Reports indicate Iran is drafting legislation to charge tolls (reportedly up to $2 million per transit) for “maritime security” services.
• Naval Mining: Allegations of naval mining have surfaced; while not strictly illegal in war, mining an international strait in a way that blocks neutral shipping is widely considered a violation of the San Remo Manual and Hague Convention.