International law’s subsumption of selected aspects of the 2019 Strait of Hormuz tension

Abstract

The purpose of this article is to conduct an international law analysis of the events that occurred around the Strait of Hormuz in 2019 and related incidents. It mainly focuses on incidents that took place between the United States and Iran. It should be noted that the complexity of the factual situation has a significant impact on the content of the argument. Namely, the article only describes events of key importance from the perspective of international relations. They are supplemented by events of moderate significance that are necessary for conducting an argument from the perspective of international law. The following issues are also considered: the importance of the Strait of Hormuz, relations between the United States and Iran after 1941 and the increased tension observed in their relations since spring 2018. Even though ambiguities of both factual and legal nature speak in favour of the Islamic Republic of Iran, according to the rule in dubio pro reo, it seems that the activities of the Iranian state should be examined in more detail. Consequently, it can be concluded that it is necessary to appoint an independent commission to collect more evidence.