Retaliatory or Lawful?: How Iran’s Seizure of the Stena Impero in the Strait of Hormuz Violated International Law

JENNIFER EL-FAKIR*

On July 19, 2019, the Iranian Revolutionary Guard Corps detained the Stena Impero oil tanker in the Strait of Hormuz. At the point it was intercepted and boarded, the Stena Impero was navigating through the entrance to the Strait within Omani territorial waters. For two months, Iran held the ship and its crew, using them as leverage to spark negotiations over the Iran Nuclear Deal and force the United Kingdom to release an Iranian oil tanker that it had detained in early July that same year. The parties involved in this conflict constantly invoked overlapping areas of international law to justify their actions and accuse each other of unlawful behavior. In doing so, they raised questions about the legality of Iran’s actions, the rights of oil tankers in the Strait, and the potential recourse, if any, for the ship and its crew.

This Note analyzes the specific accusations made by the parties involved and the justifications provided by Iran in particular. Part I of this Note provides an overview of the Strait of Hormuz and relevant governing laws. Part II discusses the broader context of the 2019 Gulf Crisis and how this context presents a new legal dilemma. Part III then analyzes the legality of Iran’s seizure of the Stena Impero and argues that Iran’s actions were retaliatory and in violation of multiple international laws. The Note concludes with a discussion of potential avenues for holding Iran accountable and preventing repeat violations as tensions in the Strait persist.

* 2021 Juris Doctor Candidate, Columbia Law School. Thank you to Professor Lori F. Damrosch for her guidance throughout the note writing process. Thank you to the staff and editors, especially Robert Casty, Andrew Elliott, and Tara Hofbauer, on the Columbia Journal of Transnational Law for your invaluable feedback on various drafts of my Note. I would also like to thank Professor Vera Candiani of the Department of History at Princeton University for introducing me to the fascinating and tempestuous history of the law of the sea and piracy. Lastly, I thank my parents for taking the time to help me brainstorm this great topic while we were supposed to be on vacation and for instilling in me a love of the sea and adventure.