Trump says he will declare Strait of Hormuz U.S. territory amid Iran tensions
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Trump says he will declare Strait of Hormuz U.S. territory amid Iran tensions

Résumé

President Donald Trump announced plans to designate the Strait of Hormuz as U.S. territory, a claim rejected by Iran and deemed legally untenable by experts.

President Donald Trump told a New York police academy audience that he intends to declare the Strait of Hormuz a United States territory "pretty soon" after what he described as a decisive defeat of Iran. He added that the U.S. already controls the waterway through a naval blockade, saying, "No ships get through unless we want them to."

Iranian officials denounced the remarks, with the head of the judiciary calling the president "criminal" and "feather-headed," and deputy foreign minister Kazem Gharibabadi stating that the strait cannot be seized by a tweet, an aircraft carrier, or a speech. Tehran maintains that the strait belongs to Iran and Oman and is negotiating with Oman on traffic management, while insisting the United States must honor a June memorandum of understanding that includes lifting the blockade.

Legal scholars noted that a unilateral presidential proclamation cannot transfer sovereignty. Associate deputy attorney general Bruce Fein explained that annexation requires a treaty ratified by the Senate or a statute, and would violate international law if attempted without legitimate control. International law expert Natalie Klein said the only scenario in which the U.S. could claim authority would be as an occupying power with military control over Iran’s coast, which is not the case.

The United States has not ratified the United Nations Convention on the Law of the Sea, but its customary rules limit territorial seas to 12 nautical miles and guarantee the right of passage through international straits. The Strait of Hormuz, situated between Iran and Oman, falls within overlapping territorial waters but remains an international waterway.

Analysts described Trump’s statements as rhetorical, aimed at a domestic audience, and not indicative of actionable policy. Georgetown University associate professor Paul Musgrave characterized the president as a "showman" whose remarks should be taken seriously in some contexts but not as literal policy proposals.

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