With half-truths, general references and ambiguities, the scene was set so that the consultations in , in its implementation and while the Gulf region still smells of gunpowder from the four-day exchange of fire, are repeated today.
Both sides yesterday avoided addressing the burning issue of , which was the trigger for the bombings late last week and is a constant source of turmoil in the global economy. Using the Straits as a lever of pressure—a lever that did not exist before the war—Iran is trying to make gains on the remaining issues and to prolong the negotiations on its nuclear program as long as possible.
Diplomatic thriller between Washington and Tehran
US President Donald Trump announced yesterday that officials of the two countries will meet in Doha at Iran’s request, without specifying the subject of the talks. For its part, Tehran insisted until late last night that a “technical delegation” would go to Qatar with the sole purpose of unfreezing Iranian funds based on the memorandum. A meeting with an American delegation is not scheduled in the coming days, the Iranian Foreign Ministry said, without ruling it out, using diplomatic language.
Subsequently, the White House announced that presidential advisors Jared Kushner and Steve Witkoff will travel to Qatar within the week, raising the bar of expectations. The diplomatic movement raised hopes that ship crossings through the Straits of Hormuz, which had been drastically reduced in recent days, would increase within the next few hours.
The “safe corridor” and the Iranian dispute
In the middle of last week, dozens of ships made use of the “safe corridor” designated by the International Maritime Organization in cooperation with Oman. In order to exit the Gulf, the ships sailed only in the sultanate’s territorial waters with US cover, bypassing Iranian territorial waters and claims.
Iran has hit two ships, making it clear it will not accept a done deal, while accusing the Americans of violating the terms of the two-month ceasefire they signed on June 17. Tehran has argued that only it can grant passage permits until at least July 17, while warning that any route beyond its own territorial waters is “unacceptable and dangerous”.
What does the 5th article of the Memorandum provide
The 5th article of the Memorandum states that: “With the signing of the memorandum, the Islamic Republic of Iran undertakes to exert its utmost efforts for the safe passage of merchant ships free of cost for 60 days, only from the Persian Gulf to the Sea of Oman and vice versa.
The traffic of merchant ships will begin immediately and, taking into account the need for the removal of tactical and military obstacles and the removal of mines from the Islamic Republic of Iran, will be restored within 30 days.
The Islamic Republic of Iran will engage in dialogue with the Sultanate of Oman to determine the future management regime and maritime services in the Straits of Hormuz, in discussion with other coastal countries of the Persian Gulf, in accordance with applicable international law and the rights of states that have coasts in the Straits of Hormuz.”.
The “nails” of Tehran to Paris
Any attempt to impose new or separate arrangements without Iran will lead to further complications and delay the opening of the Straits, Iranian Foreign Minister Abbas Araghtsi warned.
Tehran has also rejected plans to involve France and other countries in an operation to clear the Straits of mines, saying that only the Iranians are responsible for the task. Commenting on the relevant statement of French President Emmanuel Macron (during his meeting with the Sultan of Oman, Haitham Bin Tariq, yesterday in Paris), the Iranian Deputy Foreign Minister, Kazem Garibabadi, advised France not to complicate the situation with “provocations”.
Iran is risking the entire negotiation in order to keep the Hormuz lever, the New York Times wrote. “In the best or worst case scenario, the Iranians need this leverage,” said Ali Vaez, an analyst at the US think tank International Crisis Group, estimating that Tehran will not back down on the Straits issue without a final deal.
The “ascos of Aeolos” in International Law
With the American-Israeli attack against Iran, the Aeolus pouch opened in the Straits of Hormuz. Before the war, ships passed through the Straits without tolls or other restrictions, under a regime of free, continuous and rapid passage. This regime is more favorable to ships than the simple right of “harmless passage” as it cannot be unilaterally suspended by the coastal state (as is the case, for example, with the special conditions administered by Turkey in the Dardanelles under the Treaty of Montreux).
Washington claims a return to the pre-war regime of free passage. Tehran, which forced the closure of the Straits by force, insists on establishing rules based on the new reality. The situation is further complicated as both Iran and Oman claim overlapping 12-nautical-mile Straits.
Furthermore, although Washington and Tehran have signed the United Nations Convention on the Law of the Sea (UNCLOS), they have not ratified it. A possible establishment of a new transit regime in Hormuz and the imposition of “maritime services” would probably create a dangerous precedent for other strategically important sea passages on the planet.
