Trump's Double Standard: "Hormuz Tolls Are Off-Limits for Iran, but Allowed for the U.S."

Controversy over control of the Strait of Hormuz has reignited as U.S. President Donald Trump announced plans to resume a maritime blockade against Iran and impose tolls on vessels passing through the strait.

Given that the Strait of Hormuz is a natural waterway where tolls cannot be collected under international law, and considering that such concerns have been raised even within the Trump administration, the implementation of this plan is expected to trigger significant controversy.

On July 13 (local time), President Trump stated on his social media platform, Truth Social, that the U.S. military would collect 20% of the cargo on board as a toll in exchange for ensuring the safety of commercial vessels passing through the Strait of Hormuz.

He had previously expressed the position that the U.S. could collect tolls in the Strait of Hormuz during negotiations to end the war with Iran.

On June 20, following the signing of a Memorandum of Understanding (MOU) to end the war with Iran, he drew a line by stating that Iran could not collect tolls, while simultaneously arguing that if a final peace agreement were not reached, the U.S. could collect tolls as compensation for services provided to Middle Eastern nations.

However, President Trump's assertion that Iran cannot collect tolls but the U.S. can contradicts the positions previously stated by his close aides, including Vice President JD Vance and Secretary of State Marco Rubio.

During a press conference on June 18 regarding the MOU to end the war with Iran, Vice President Vance stated, "Tolls should not be imposed on international waterways."

Around the same time, Secretary Rubio also emphasized his opposition to Iran's imposition of tolls, stating, "No nation can collect tolls or fees in international waterways. This is current international law."

At a Gulf Cooperation Council (GCC) meeting last month, Secretary Rubio also urged the international community to respond firmly to Iran's attempts to impose tolls, stating, "International waterways are not the property of any specific nation, and this is a fundamental principle of the world."

As these officials have pointed out, the act of collecting tolls in the Strait of Hormuz is highly likely to violate explicit provisions of international law or customary law that has been in place for centuries.

According to the United Nations Convention on the Law of the Sea (UNCLOS), even if a waterway within a strait is within the territorial waters of a specific country, the right of "transit passage" takes precedence over the sovereignty of the coastal state. Therefore, it is considered illegal to obstruct vessels when they are proceeding through the strait without delay for the purpose of transit.

While imposing tolls for the mere act of passage is explicitly prohibited, fees can be collected in exchange for specific services such as pilotage, rescue operations, or mine clearance.

The United States has not signed the UNCLOS, and while Iran has signed it, it has not ratified it.

However, even before the UNCLOS was established in 1982, a dominant international customary law has existed worldwide that the high seas can be navigated freely.

This means that even for countries that have not signed or ratified the convention, ensuring free trade and navigation through public waters is a law that humanity should rightfully observe.

The U.S. has consistently maintained the position that it is impermissible for Iran to collect tolls in Hormuz, citing these international law provisions and customary law.

Yet, now that the MOU to end the war has effectively collapsed and observations are emerging that the resumption of war may be imminent, the U.S. is effectively arguing that it can collect tolls.

The New York Times pointed out that President Trump and his staff have provided no explanation as to how President Trump's statement that day—that the U.S. will collect tolls—can be reconciled with the positions publicly expressed by Vice President Vance or Secretary Rubio.

(Photo: AP, Yonhap News)
※ Please note: This article was translated by AI and may contain errors.