Economic Warfare at Sea: International Sanctions and Iran’s Seizures of Merchant Ships

Abstract

Since 2019, there has been a notable increase in the harassment of maritime traffic and the seizures of merchant ships in the Strait of Hormuz by Iran. Considering the broader geopolitical context and tit-for-tat moves by Iran, it is evident that these actions are linked to the conflict between Iran and the West aiming to counter the international efforts to implement sanctions against Iran that were reinstated in 2018. Such incidents highlight key legal issues about the legal regime of the Strait of Hormuz and the legitimacy of the actions by Iran. This article argues that Iran’s actions in seizing merchant ships in the Strait of Hormuz cannot be justified as lawful countermeasures and are more likely unlawful retaliatory acts by the Iranian State. It is also argued that Iran had no jurisdictional basis to assert control over these vessels. Consequently, the seizures are deemed unlawful under both international law and Iranian law.