The fragile ceasefire between Iran and the United States has been broken once again. The United States has been bombing Iran, claiming that its attacks are in retaliation for Iran attacking three vessels near Straight of Hormuz, which it considers as violation of the Islamabad agreement, officially known as the Memorandum of Understanding (MoU) between the two nations.
But it is in fact the United States that has been violating the MoU because its interpretation of Article 5 of the MoU is simply false. According to Article 5 of the MoU, Iran is obligated to
“Make arrangements using its best efforts for the safe passage of commercial vessels with no charge for 60 days only from the Persian Gulf to the Sea of Oman, and vice versa. The traffic of commercial vessels will immediately start, and considering the need for removing the technical and military obstacles and de-mining by the Islamic Republic of Iran, will be instated within 30 days. The Islamic Republic of Iran will conduct dialogue with the Sultanate of Oman to define the future administration and maritime services in the Strait of Hormuz, in discussion with other Persian Gulf littoral states, in line with the applicable international law and the sovereign rights of coastal states of the Strait of Hormuz.”
The statement is unambiguous, and cannot be interpreted in any way other than Iran, in collaboration with Oman, is the party responsible for navigation in the Strait of Hormuz. It also clearly distinguishes a temporary arrangement for 60 days, and the long-term traffic regime in the Strait. Therefore, any vessel passing through the Strait must coordinate it with Iran, as well as Oman.
But this is not what the United States has been doing. In an effort to test Iran’s resolve for its control of the Strait, and to weaken it, Arab States of the Persian Gulf and others, with direct support of the United States, dispatched several commercial vessels to pass through Oman’s territorial water without any coordination with, or even informing, Iran. They had even turned off their Automatic Identification System (AIS) transponders to evade Iran. This is in clear violation of Article 5, which Iran will not accept. Indeed, no self-respecting nation will.
This view is fully supported by Article 4 of the MoU:
“Immediately upon the signing this MoU, the United States of America will begin the removal of its naval blockade and any disturbances or impediments against the Islamic Republic of Iran, and will fully end the naval blockade within 30 days. During this period, the traffic of vessels will be in proportion to the numbers of pre-war traffic being restored by the Islamic Republic of Iran. The United States of America further undertakes to remove its forces from the proximity of the Islamic Republic of Iran within 30 days after the final deal.”
In other words, it is Iran that should restore the vessel traffic through the Strait to its pre-war level. Thus, once again, no vessel can pass through the Strait, unless it is coordinated with Iran, at least as one of the two parties specified by Article 5.
Hellbound and Down 