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Radio War Nerd EP #611 — Who Controls the Strait of Hormuz? feat. Maryam Jamshidi (Patreon)

Published:
2026-06-04 03:06:48
Edited:
2026-06-04 14:05:31
Imported:
2026-06
Tags:

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Guest: Maryam JamshidiRecorded: June 3, 2026

As soon as the US lost its war with Iran -- and lost effective control over the vital Strait of Hormuz to the IRI -- Washington and its allies started pontificating about international law and the right of "transit passage" for all shipping. Iran however never ratified the UNCLOS treaty that would've required them to allow "transit passage" through the SoH. In this episode, we talk to international law professor Maryam Jamshidi about what the laws actually say, Iran's claims, and how international law is both a tool of rich world domination, but also a tool for the weaker Global South countries and peoples.

Subscribe to Maryam's substack The Anti-Imperium.Read Maryam's article in The Nation: Only One Side Has Broken the Law in the Strait of HormuzFollow Maryam on Twitter.

A quick glossary of terms:-territorial waters - 12 mi-contiguous waters - 24 mi-Exclusive Economic Zone (EEZ) - 200 mi-UNCLOS - United Nation’s Convention on the Law of the Sea treaty, adopted in 1982 (never ratified by Iran)-"innocent passage" - predates UNCLOS, coastal states can regulate shipping in their territorial waters and charge fees, including international straits (Iran abides by this)-"transit passage" - under UNCLOS, restricts coastal states' to regulate through international straits

*Map

Total time: 1:18:09Direct link to this episode's mp3 here

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Buy & review John Dolan's new book, They Should Have Been Hanged: War Nerd Essays on the U.S. Civil War

Subscribe to Radio War Nerd at patreon.com/radiowarnerd

Sound production by Telescope Audio

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Comments

HarshMalarkey

Honestly, I think I control the Strait of Hormuz.

William

Hormuz straight is it anyways

Ian H

If I recall correctly, during Operation Prosperity Guardian (aka Operation Amazon Prime) the Ansarallah rationale for attacking/interdicting merchant ships in the Red Sea was based on the UN Genocide Convention "duty to prevent" clause, which calls on all states who are aware of a potential/ongoing genocide to use all available means to prevent or cease it. Ansarallah argued that this obligated them to blockade American and Israeli vessels, as well as neutral merchant ships that were supporting Israel's ability to continue the genocide in Gaza i.e. vessels bound for Eilat. I wonder how the Genocide Convention and UNCLOS are meant to interact, does one supersede the other or is it a matter for the general assembly to decide by case?

Ander Pierce

Looking forward to this, thanks!

Kawaii Leonard

excellent interview! very informative

Gabriel

Really good interview, get her on again soon!

Ben H

Great interview! I was intrigued by the ending discussion of the global south using international law as a tool to defy the West and force them to set standards. I want to think more about this idea and particularly how it would work for climate change. My initial impression is that as long as the U.S. operates totally apathetically towards its global perception, this tool won’t be successful.

Dylan

I wish I knew more about the Suez Crisis and maybe how it relates to this conflict. In public school we (Canadians) were told that Lester Pearson was celebrated as its peacebroker, but I'm skeptical after becoming a War Nerd subscriber

Jonathan Penn

As we are all War Nerds here, I start with a quote attributed to Pompey Magnus, "Cease quoting laws to us that have swords girt about us." International law is like the Unicorn- widely discussed and described in learned treatises and popular literature, extremely popular and compelling to its fans, and without any effect in real life. If the U.S.A., Israel, and Russia can violate the most important of all international laws (supposedly), the prohibition against aggressive war with impunity, there is nothing about international law that provides much in the way of hope. There is, of course, the unending irony of these same countries complaining about violations of international law when the countries they attack respond in kind but a little irony goes a very long way. Although the guest was interesting, earnest, and educated, international law is, at best, like the unicorn, a wonderful figment of our collective imagination.

Sex With Ted Cruz

Awesome interview. Though discussing international law right now feels like talking about scuba diving in hell. We are going back to the days of Iron and Blood baby. Late 19th/Early 20th century style.

Henry

I'm so tired of hearing this truism. You might as well be a bot

Igor Igorsson

Does that make it less true? We can talk about international law all we want, but it does not accomplish much. The people and institutions in power does not care enough about their reputation being 'stained' to take any actual action that would be required to enforce those laws when it goes against their interests to do so. At most, international law can be used as an argument when raising public support for a cause, but I am sceptical regarding it's effectiveness. The problem is that we don't seem to know what to do regarding the horrors powerful countries inflict, so we fall back to doing what we know, no matter how ineffective it may be. At some point we have to accept that pointing out that the US and Israel attacking Iran violated international law did nothing. The only thing that actaually worked in forcing the US to take a step back was Irans ability to strike back with violent force, inflicting both military and economic damage. Now, what do we do with that understanding? I have no idea, but the first thing that need to be done to figure out an answer to the question about what to do, is to see the world for what is actually is, and start from there.

Henry

Jesus Christ it's just so fucking boring. You don't need to put this much effort into articulating an argument everyone here is familiar with

a clash of purple

Dolan keeps talking about how the current imperial regime is high on its own supply. They assume that just because they're winning now, they'll be winning forever. But that's not how the world works. I'm not saying that the "rules-based international order" is ever going to be a source of restorative justice, but these guys' impunity is not a permanent state of affairs. The rule of law is too important for the bourgeoisie to discard. So (once it's too late for the victims, of course) there is going to be a reckoning for Trump, Netanyahu, and some of their courtiers. They're going to receive some kind of punishment in order to restore the system's credibility. Maybe that's copium, but I'm not saying there's going to be justice. Just that there will be some course correction once Trump and Netanyahu are politically weaker than they are now.

Igor Igorsson

Do you have a point? You decided to respond in a dismissive way towards the person writing the first comment. I wrote a quick response. If you are bored with it, go find something else to do with your time.

Kawaii Leonard

yeah that shit sucks. Thank you Henry

Benj

The heart wants what the heart wants. International law

etienne

great ep but I love the idea of splitting hairs over maritime zones legality while the US has been blowing the shit out of fishing boats in the high seas and in other countries zones completely in the open for more than a year

etienne

so I guess the tl;dr is that the US could send Oman into Double Hell if they refuse to open legal passage in their half

Henry

I genuinely thought you were the original commenter due to how repetitive you were being

Sudowoodo

Great episode that made me rethink some of my pithy remarks abt "international law", instead reframing it as a way the Global South can assert themselves. I think this would be a timely episode to unlock!

William

Now, to some of you in the comments, this might seem harsh, but I believe everyone in this thread should die

William

No we’re not

William

Triple hell, actually. But it really depends on the multiplier they get with the diplomacy mechanic

Jeff Normal

Think what you may about international law, but Duterte is sitting in a cell right now (sent there by someone just as bad) Fuck it…I’ll take my wins where I can!

CR

Just because the U.S. is above the law doesn't change the fact that 190+ countries still recognize it and operate under international law every day. That actually includes the U.S. for the most part. Its exceptions are just always significant war crimes. It is a global system of mostly commercial transactions that almost everyone engages with in good faith, and the majority of countries follow and engage in international law in good faith because in the long term, they know that this is the modern incarnation of diplomacy law that has existed since humans first engaged with other tribes without killing everyone. and that it will exist after the U.S. and Europe are as relevant as the Cappadocians. tl;dr No one here knows what the fuck they're talking about.

CR

So long as the Blob faction that doesn't want to get its ass kicked by Iran again continues to do all its politicking anonymously or on deep background or whatever they want to call it, they are going to lose because they are stupid and they are cowards. So long as the risk to a future sinecure on Lockheed's payroll or even keeping their DOD and VA pensions (Great scam, BTW) supersedes their patriotism or honor or whatever other lie they peddle to pretend these ghouls have any principles or humanity, they will be smeared CORRECTLY as a bunch of chickenshit cowards, the losers who couldn't beat goat herders with AKs after 20 years at $7 trillion, and people who cannot be trusted, cannot stand on their own words or facts, and cannot or will not actually serve this country instead of themselves. No fucking general or admiral or any other shithead in the E Ring or Liberty Crossing or Foggy Bottom or even Capitol Hill will risk personal inconvenience, let alone pecuniary or criminal liability because they are, just as Trump called them on this shit 10 years ago, a bunch of cowards and losers. They are playing a game while the other side is at war in literally every form of the word, because the ones leaking to the Times or Post or whatever are losers who care only about themselves. And they are worse than the fucking Israel First faction because at least MIGA doesn't pretend to have the U.S.'s interests at heart.

John Miller

That one class I took in college just called “international law“ has really helped me out in this conflict so far😂😂.. .. but has also slightly perturbed me because I constantly hear people saying “well, International law is basically dead now”, but what they mean is it’s dead in terms of the supreme crime of unprovoked aggression. But there’s this whole giant arcane body of law that very much isn’t dead and is held in place not so much by the threat of force, but by just the mutual economic convenience and benefit of assuming everybody more or less follows the law. Kind of like traffic laws— people more or less follow them, even the minor ones , not because they’re necessarily constantly worried about getting pulled over by the police, but just because of the pro social elements of human nature of paying the minor cost of assumed cooperation for the much larger Mutual benefit of not constantly crashing into each other.

Henry

I hope you know you're not funny

CR

Yep. I don't know what happened to my other comment, but to sum it up, none of these yokels know what the fuck they're talking about when it comes to (international) law.

John Miller

oh yeah I saw it. its underneath the comment by etiennegermemtum. patreon organizes comments into sub threads that are hidden unless you click on “replies” under me the original comment. You probably intended to reply to the whole thread, but instead replied to that one specific comment🤷‍♂️

Tariq

this is one of my favorite episodes ever but I am a lawyer who deals with international tax issues all the time so i’m extremely biased. either way thank you for doing this, really illuminating hearing about the different regulatory regimes controlling maritime commerce and territorial waters.

CR

“Take Kharg Island”. Sure. Let’s just have the 101st do their first genuine combat drop since 1945 and then see how the U.S. public reacts to first-person drone footage as the cameras literally LITERALLY fly up the asses of our troops.

JDF

The 101st doesn’t do “drops” it’s the air mobile age , Captain Winters lol

CR

Exactly. Airborne troops in 2026 are as fucking useless as, frankly, every other American troop