President Donald Trump announced on Friday that he intends to designate the Strait of Hormuz as a United States territory in the near future. The waterway, which serves as a vital global chokepoint for approximately one-fifth of the world’s oil and gas supply, remains locked in a persistent military and diplomatic standoff.
Tehran has dismissed the president’s rhetoric as “nonsense,” particularly as the memorandum of understanding established between the two nations in June is set to expire this Sunday. The ongoing conflict, which began on February 28, has seen Washington enforce a naval blockade on Iran’s ports, while Tehran has attempted to utilize its control over the strait as a strategic lever against the global economy.
During a speech at a New York police academy, Trump stated, “After we finish defeating Iran, which is being very badly defeated, pretty soon I’ll be declaring the Hormuz Strait a territory of the United States.” He further suggested that the current naval blockade effectively makes the strait American territory already, asserting that no vessels pass through without U.S. permission.
Despite these claims, maritime navigation data indicates that some vessels have continued to transit the passage despite the blockade. Al Jazeera’s Kimberly Halkett, reporting from Washington, noted that the president’s comments appeared to be delivered with a chuckle, suggesting they may not be intended as literal policy but rather as a tactic to provoke adversaries like Iran.
Iranian officials have responded with sharp condemnation. The head of the Iranian judiciary labeled the president’s remarks as criminal and “feather-headed.” Deputy Foreign Minister Kazem Gharibabadi emphasized that the strait cannot be seized through tweets, aircraft carriers, or election rhetoric, maintaining that it remains under Iranian command.
Tehran is currently engaged in talks with Oman, the only other coastal nation along the strait, to settle maritime traffic management. Foreign Minister Abbas Araghchi indicated that while a deal with Muscat may be near, the reopening of the waterway remains contingent on Washington fulfilling promises from the June memorandum, including the removal of sanctions and the naval blockade.
Legal experts argue that Trump’s proposal lacks any basis in international law. Bruce Fein, who served as associate deputy attorney general under Ronald Reagan, stated that the president lacks the constitutional authority to annex territory unilaterally. Such an action would require a treaty ratified by the Senate or a statute, and any attempt at annexation could be classified as a crime of aggressive war under the UN Charter.
Natalie Klein, an international law expert at the University of New South Wales, noted that the only plausible scenario for such a claim would be if the U.S. acted as an occupying power, similar to its post-World War II authority in Japan. However, this would require total military control over Iran’s coastal regions, which the U.S. does not possess.
The political climate within the U.S. remains challenging for the administration. With midterm elections approaching in November, the war is widely unpopular, with a Reuters/Ipsos poll showing only 35 percent public approval. Additionally, reports suggest the U.S. is facing shortages of critical munitions, such as Patriot antimissile interceptors.
Economic pressures are also mounting, as petrol prices have climbed to an average of over $4 per gallon. Vice President JD Vance recently stated that the administration’s primary goal is to stabilize these fuel costs, with the objective of halting Iran’s nuclear program now relegated to a secondary priority.
Throughout the conflict, Trump has frequently employed aggressive military rhetoric, often threatening attacks before pulling back at the last moment. Similar past threats, such as his suggestion to occupy Iran’s Kharg Island or his previous interest in acquiring Greenland, have underscored a pattern of provocative statements aimed at both domestic supporters and international rivals.
As the situation unfolds, Iran continues to pressure neighboring Gulf states to influence Washington’s position. While the U.S. maintains its blockade, the legal and physical reality remains that the strait is defined by the territorial waters of Iran and Oman, with the United Nations Convention on the Law of the Sea (UNCLOS) strictly limiting territorial claims to 12 nautical miles and guaranteeing the right of passage.
In the apparent game of who blinks first – though Trump says negotiation with Iran “is like chess” – the US president’s military rhetoric has also followed a pattern throughout the ongoing war, which began on February 28
No ships get through unless we want them to,” he said.
Tehran then responded by saying that its Islamic Revolutionary Guard Corps would be waiting for them, “with fingers on the trigger”.
On many occasions, he has threatened to attack Iran only to pull back at the eleventh hour.
But what the US president likes to do is get under the skin of adversaries, and, in this case, it’s Iran,” she said.
“The Strait of Hormuz has been Iranian, is Iranian, and will remain Iranian; this strait will only be closed and opened under Iran’s command, and as long as you do not accept the reality of defeat and cease your fanciful delusions, Iran will continue to enforce the blockade,” he added.
First, sovereignty does not exchange hands over a mere unilateral presidential proclamation.
For instance, Trump had earlier threatened to send US boots to Iran’s Kharg Island to take over the key Iranian oil export hub in the Gulf.
“A treaty ratified by the Senate or statute is constitutionally required to annex territory, as with the Louisiana Purchase or annexation of Hawaii or Panama Canal or acquisition of Puerto Rico or the Philippines in ending the Spanish-American War.
Barely 35 percent of Americans approve of the war, according to a Reuters/Ipsos poll.
Several US media publications have reported that Washington is running short on munitions, including the crucial Patriot antimissile interceptor.
Petrol prices have also increased, and are now averaging more than $4 a gallon – a major issue for Americans.
Tehran has also attacked its neighbours in the Gulf, which analysts say are aimed at forcing the regional countries to push Washington into a corner at the negotiating table.
The UNCLOS recognises coastal-state sovereignty over territorial waters, but limits that territorial sea to 12 nautical miles (22km), and notes that ships enjoy a right of passage that “shall not be impeded”.
At its narrowest point, the strait is only about 21 nautical miles (39km) wide — and the two countries’ 12-nautical mile territorial seas overlap across it.
Paul Musgrave, an associate professor of government at Georgetown University in Qatar, said Trump usually makes such statements primarily to speak to a US audience, especially his support base.
It is important to remember, he added, that Trump is a product of US reality TV and is, at the end of the day, a “showman”.
You have to take him seriously in some cases but not literally,” Musgrave cautioned.
Trump cannot be taken seriously, especially in this case because making the strait US territory is physically and legally impossible, he said.
But the statements do show that Trump is determined not to back down from Iran and accept defeat in the months-long war, he added.