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International Law

Can Iran Close the Strait of Hormuz?

Can Iran Close the Strait of Hormuz?

By Ahmed E Souaiaia*

Since the Trump administration withdrew from the Iran Deal and re-imposed and imposed sanctions on Iran, Iranian leaders indicated that they will close the Strait of Hormuz if they are unable to sell their oil. In the last few months, a number of incidents had occurred with the potential for impacting the flow of oil through the Strait. On Thursday, Iranian authorities said that they shot down a US spy drone over its airspace. Hours later, US military confirmed the downing of the drone, with two corrections: The model of the drone and the location of drone when it was shot down. The former fact (or non-fact) is irrelevant legally, the latter is important. US military said that the drone was shot down while flying in international space.

 

 

 

Both sides agree that the incident took place in the Strait of Hormuz. If the shooting down of the drone took place in the narrowest area, US claim that its drone was flying in international waters would be false because, at that point, there is no international space. The space is either under Iranian sovereignty or Omani sovereignty

It is likely, therefore, that the incident took place on either sides of the Strait, in which case, there are international waters and sovereign waters belonging to Iran, Oman, and UAE. In this case, US and Iran will be under pressure to produce evidence about the whereabouts of the drone at the moment it was shot down. The evidence can be in the form of GPS records, satellite tracks, and/or location of the debris of the downed drone.

Given these escalations, it is also important to understand the legal regimes that govern passage through narrow waterways in general and the Strait in particular.

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On Migration and the Hoarding of Resources

On Migration and the Hoarding of Resources

By Ahmed E Souaiaia*

David Frum’s cover story, callously titled, How Much Immigration Is Too Much, is an illustrative example of crude opinions rooted in alternative facts

David Frum’s basic argument is this: The Global South is a shithole, from where all people, especially the “strivers” want to escape to the developed world. The developed world cannot accommodate them and for this reason mainstream politicians should act, or else fascists will rise. The author willfully ignores two basic facts that are the root causes of migration, the uncertain journey to the unknown some people undertake, leaving behind their homeland and their relatives. First, people, like most animals, seek places with concentration of resources. Concentration of resources often result from hoarding and monopolies. Second, mass migration is directly proportional to severity of violent conflicts, corruption, and instability. In other words, people migrate to escape war, genocide, ethnic cleansing, crime, instability, insecurity, and absence of rule of law.

Hoarding is achieved through legal, political, and military instruments. For instance, many poor countries can develop medicine, technologies, and products domestically and with a fraction of the cost of US counterparts. However, patent and intellectual laws prevent indigenous scientists for producing them domestically. People in Bangladesh, for instance, have died because they could not afford to buy US made malaria medicine and because Bangladeshi scientists were prohibited from producing it, though they can do so affordably. There should be a fair arrangement that protects innovation rights while accommodating underdeveloped countries through creative licensing schemes. The side benefit of such accommodation will be few Bangladeshis needing to move to the Global North to escape malaria-caused deaths for example. If Global South countries are not forced into unfair trade deals, their people would not be forced to seek resources and stability elsewhere.

Considering the role played by United States governments since the world wars of the first half of the 20th century, it is easy to see that the largest waves of migrants to the US came from countries that were destabilized through US (and/or allies) military interventions or clandestine operations. Mass migration from Vietnam, for example, was caused by US war in that country. The same applies to people from Nicaragua, Honduras, Panama, Iraq (after the early 1990’s war), Somalia, Afghanistan, Iraq (after the 2003 invasion), Syria, and Libya. And expect the same if the politicization of humanitarian aid in Venezuela persists.

Frum claims that the Global North is disproportionately burdened by the migration waves. That claim, too, is false. According to the most recent data, the least developed countries provided refuge to one-third of the global total of these displaced people–6.7 million. Consider Lebanon, for example: It is hosting as many Syrians as nearly a quarter of its population. Wealthy Saudi Arabia, Qatar, or UAE are hosting none.

Here are some facts, to put the above points in context.

According to reports by the UNHCR, in 2017, 68.5 million people around the world have been forced to flee their homes due to violent conflicts; the top five countries are places destabilized directly or indirectly by the Global North:

  • Syria — 6.3 million refugees
  • Iraq — 3.1 million refugees
  • Afghanistan — 2.7 million refugees
  • Yemen — 2.5 million refugees
  • Libya – 1.2 million refugees
  • Somalia — 986,400 refugees

Frum’s argument, is similar to the popular rhetorical narrative that says, people come to America because America is the greatest country on earth and people want to benefit from all the social and economic welfare programs in America. In other words, people migrate because they want free stuff. That is far from the truth. If social and economic welfare is the primary motive behind migration, people, including some Americans, would be lining up to migrate to Norway, Denmark, Iceland, Sweden, Finland, Germany, France, and/or Netherlands because all these countries have standard of living, healthcare, and entitlements programs that are better than those in the United States. But migrants, if they must migrate and if given the choice, will come to America to escape the uncertainty and instability (tariffs, sanctions, sabotage, military action) that America can unleash around the world, including on those European countries with better social programs. Logically, if one must leave their home to escape instability, would it not make sense to move into the home of the source of that instability and the place least likely to be made unstable by other countries. US administrations’ propensity to shut down the economy and normal life in any other country is the main reason it is desired by the peoples whose countries are destabilized by US administrations’ actions. No one wants to leave a home where the fruits of their labor can be safe and secure for them and for their children. However, if there is a bully who can and does turn the controls of normal life on and off at will, it is only reasonable for one to seek refuge where that bully is unlikely to tinker with people’s life and livelihood: in the bully’s home. This truth is self-evident and that is why some anti-immigrant extremists, like Stephen Miller and Jeff Sessions, embraced broad new policies that included making life for immigrants hellishly undesired to not only shutdown immigration but also to force recent migrants out of the United States of America.

Here are a couple of ideas to limit and or even stop migration. First, the wealthy Global North should stop hoarding resources and exploiting other peoples. Share. Second, the Global North should stop waging wars on, interfering in, and destabilizing the Global South countries.

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* Prof. SOUAIAIA teaches at the University of Iowa. His most recent book, Anatomy of Dissent in Islamic Societies, provides a historical and theoretical treatment of rebellious movements and ideas since the rise of Islam. Opinions are the author’s, speaking on matters of public interest; not speaking for the university or any other organization with which he is affiliated.

Has the Syrian government used chemical weapons in ISIS -held territories?

Has the Syrian government used chemical weapons in ISIS -held territories?

With every military operation in areas held by the so-called moderate opposition fighters, Western governments accuse the Syrian government of having planned to use chemical weapons or of having used chemical weapons. In the latter case, they responded by bombing sites and assets that allegedly enabled the government to use such weapons. So has the Syrian government used chemical weapons and if so, why?

Western governments explain the Syrian government’s use of chemical weapons this way. The chemical attacks occurred in areas where the Syrian government encountered stiff resistance. The Syrian government uses weapons of mass destruction to speed up military operations or to force armed groups to surrender. However, based on this reasoning, one would expect the Syrian government to use chemical weapons against the most hardened fighters, again, for speedy victory or to force surrender. 

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