Transit Passage in the Strait of Hormuz: A Legal Analysis under UNCLOS during the 2026 US–Iran–Israel Conflict

Abstract

The Strait of Hormuz, being a vital international strait for global commercial shipping, has important legal implications in the context of the 2026 US–Iran–Israel conflict for the future of the passage of vessels, Iran’s territorial sea, and scope and legality of restrictions on international navigation. This paper studies the legal character of the passage of vessels in the Strait of Hormuz and the rules under the convention on the law of the sea (UNCLOS), especially in the context of sovereignty of Iran which is not a signatory of UNCLOS and the restrictions on commercial navigation in the 2026 conflict, drawing on doctrinal legal research to analyze the law of UNCLOS, customary international law, and essential sources of maritime law and scholarship on the Law of the Sea, as well as materials on international law. It concludes that the Strait applies the legal attributes of a strait used for international navigation in Article 37(1) and the transit passage regime provides a legal basis for the freedom of transit passage of vessels in the context of the 2026 conflict. The study further concludes that Iran's sovereignty does not give an unlimited power to prevent or significantly interfere with international navigation. Any restriction on transit passage must have a lawful basis and purpose and comply with applicable international law. It finally emphasizes that the 2026 conflict highlights the continuing tension between the sovereignty of the coastal State and the rights of other States to navigate through the Strait of Hormuz.