Trump Threatens to Turn Strait of Hormuz into US Territory: Feasible or Not?

US President Donald Trump on August 14 announced he would soon declare the Strait of Hormuz US territory, as the strategic waterway – which carries about one-fifth of the world's oil and gas – remains in a state of military and diplomatic deadlock.

Speaking at a police academy in New York, Trump said: “After we defeat Iran, which is being defeated very badly, I will soon declare the Strait of Hormuz to be territory of the United States of America.” He added: “Basically, it already is. We have a blockade. No ship goes through unless we permit it.”

Iran reacted sharply, calling the US leader's statement “nonsense.” Iranian Deputy Foreign Minister Kazem Gharibabadi stressed: “The Strait of Hormuz cannot be seized by a tweet, an aircraft carrier, an order, or a campaign speech. The Strait of Hormuz has been, is, and will remain Iranian; it opens and closes only under Iran's command.”

Tehran has blockaded the route as a global economic lever, while Washington maintains a naval blockade targeting Iranian ports. However, maritime data show some vessels still transit the strait despite US assertions.

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Iranian Foreign Minister Abbas Araghchi said talks between Tehran and Oman – the only other littoral state on the strait – over maritime traffic management “could soon reach a conclusion.” However, reopening the route is a separate matter that requires Washington to fulfill commitments in a memorandum signed in June, including lifting the naval blockade and sanctions against Iran.

Iran's strikes on Gulf neighbors are analyzed as an effort to pressure regional states into cornering Washington at the negotiating table.

Legal and Practical Feasibility

Under international law, territorial sovereignty cannot be transferred by a unilateral presidential declaration alone. Bruce Fein, a former deputy attorney general under President Ronald Reagan, argued Trump lacks constitutional authority to annex territory on his own. It would require a treaty ratified by the Senate or an act of Congress, and pursuing it could “constitute the crime of aggression under international law, including the UN Charter.”

Natalie Klein, an international law expert at the University of New South Wales in Australia, said the only way Trump's claim could have a basis is if the US controlled the strait as an occupying power, but that would require military control over Iran or at least its coastal areas.

The Strait of Hormuz lies in international waters between the coasts of Iran and Oman. At its narrowest, it is about 39 kilometers wide, while the two countries' territorial seas extend 22 kilometers each, overlapping. The UN Convention on the Law of the Sea (UNCLOS) recognizes the right of unimpeded passage for ships in international straits, even though both the US and Iran have not ratified it, but its provisions are considered customary law.

Paul Musgrave, an associate professor at Georgetown University in Qatar, said Trump often makes such statements to speak to US audiences, especially his supporters. “This is a person who says big things. There are cases where we have to take them seriously, but not literally,” Musgrave said, stressing that turning the strait into US territory is impossible both physically and legally.

Trump's war against Iran is also not receiving broad support in the US. According to a Reuters/Ipsos poll, only about 35% of Americans approve of the war. Average gasoline prices have exceeded $4 per gallon, becoming a major issue for Americans, while US officials admit ammunition stockpiles are running low.