March 15, 2026
Legal and Operational Issues in the Strait of Hormuz: Transit Passage Under Fire
This article was originally published in Just Security.
The Strait of Hormuz — a narrow chokepoint through which roughly 20 percent of the world’s oil transits — is now an active conflict zone. Iranian forces have struck multiple neutral merchant vessels and may be laying naval mines in the Strait, threatening one of the most important shipping routes in the global economy.
The Strait of Hormuz has long been recognized as one of the world’s most strategically vital and legally complex maritime passages.
Secretary of Defense Pete Hegseth has told the world that “we don’t need to worry about it.” I disagree—the security situation in the Strait is a source of immense worry, is acutely dangerous, and there is no easy fix. What’s more, as I discuss below, the U.S. Navy’s very recent decommissioning of an entire class of minesweepers, without an effective ready replacement, makes an already precarious situation worse.
Read the full article in Just Security.
More from CNAS
-
Modernize States’ Legislative Efforts on Unsanctioned Militias While Protecting Constitutional Rights
Matt Gimovsky is senior corporate counsel at Kroll and an Army JAG with active-duty experience in administrative law and with the trial defense service....
By Matt Gimovsky
-
Blurring the Line
Mark Nevitt is currently an associate professor of law at Emory University School of Law and a CNAS adjunct senior fellow....
By Mark Nevitt
-
Five “Blockades” and One Legal Problem: Naval Enforcement in the U.S.–Iran Conflict
The Pentagon should clarify, with precision, the legal authorities underpinning each maritime enforcement action....
By Mark Nevitt
-
Masked and Anonymous
David Aaron is a former Manhattan assistant district attorney and Department of Justice national security and cyber prosecutor. He is now in private practice at an AmLaw 50 la...
By David Aaron
