SCOTT SIMON, HOST:
Of course, just yesterday, both Iran and the U.S. said that the Strait of Hormuz was open, raising hopes for a deal that might soon end the war, but overnight, Iran now says it has reasserted control over the critical waterway in response to the continued U.S. blockade of its ports. We're joined now by James Kraska, professor of international maritime law at the U.S. Naval War College in Newport, Rhode Island. Professor, thanks so much for being with us.
JAMES KRASKA: Good morning.
SIMON: And in a statement, Iran's Islamic Revolutionary Guard Corps said the Strait of Hormuz was now, quote, "under strict management and control" by the armed forces. Chairman of Iran's parliamentary national security and foreign policy accused the U.S. of piracy. What do you make of the latest move?
KRASKA: Well, Iran has an obligation to keep the strait open in accordance with international law for all other states that are neutral states, so all the Gulf Arab states, as well as all states not involved in the conflict. Of course, those states don't lose their rights. They enjoy the right of transit passage through the Strait of Hormuz. Iran is unlawfully diverting traffic more toward Larak Island. This is inconsistent with the International Maritime Organization traffic separation schemes that have been in place since the late 1960s that Iran has accepted and acquiesced over decades. With regard to the United States, the U.S. continues to impose a blockade until there is a concrete end to the conflict. And so I think that's the - where we are at the moment.
SIMON: Let me get your assessment of what each country may or may not have the right to do 'cause Iran says their move is in response to that U.S. blockade. Is that legal?
KRASKA: Well, yes. It's a lawful measure during armed conflict. So blockade is one of the measures that belligerents may exercise or take when they're in an armed conflict. And according to the Geneva Convention's common Article 2, the law of naval warfare, the law of armed conflict, applies when there is a conflict between two states, even if it's not declared.
So the blockade is certainly a lawful measure. In fact, it's a measure that is permitted to bring economic pressure to bear on Iran, and that seems to have had some success because Iran is - remember, a week ago, Iran was not inclined to open the strait at all, and now we somewhat have an opening of the strait, although it's still not back to normal.
SIMON: Are you concerned, Professor Kraska, that the situation we're seeing could set a precedent for other countries around the world that might try and blockade strategically important waterways?
KRASKA: Well, Iran's - absolutely. Iran's actions in this case do give pause, but this has always been a concern. If you think back to the very first case of the International Court of Justice in 1949, that was the Corfu Channel case. And in that case, Albania had laid mines in the Corfu Channel, and it went to the ICJ, and the ICJ held that these coastal states may not block waterways that are used for international navigation. So this is a long-running concern. And, in fact, the right of passage through the straits - Strait of Gibraltar, Strait of Malacca, Strait of Hormuz - this was the No. 1 issue that the United States negotiated during the Law of the Sea negotiations in the 1970s. And ironically, it involved cooperation with then the Soviet Union, which also agreed. So this is really accepted widely in international law.
SIMON: If the U.S. and Iran do reach an agreement to fully reopen the Strait of Hormuz, how long before that waterway would become fully operational, based on your experience?
KRASKA: Well, evidence suggests that there's about 10 to 12 mines that are in the water, and so they have to be cleared. That process could take two to three weeks. There are existing IMO traffic separation schemes two miles east, two miles west - yeah - as well as separated by a two-mile corridor. So you want to make sure that these lanes are safe for the seafarers.
SIMON: You've made a career out of studying Law of the Sea. What - if I might put it this way, what's going to be on your radar screen in the coming weeks?
KRASKA: Well, all of these hot spots. The Black Sea, of course, remains a big concern with the Russia-Ukraine conflict. The Gulf and the Strait of Hormuz is always quite worrisome. The South China Sea, the East China Sea and China's activities around the Senkaku Islands, and then, of course, the Arctic Ocean. These are all areas that are particularly concerning.
SIMON: James Kraska from the U.S. Naval War College in Newport, Rhode Island. Professor Kraska, thanks so much for being with us.
KRASKA: Thank you. Transcript provided by NPR, Copyright NPR.
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