I. EDITORIAL   IRANIAN ATTACKS IN THE STRAIT OF HORMUZ: BETWEEN THE USE OF FORCE, ARMED ATTACK, AND GREY ZONE OPERATIONS AS A FORM OF ZAHHAKIAN LIMINAL MARITIME AGGRESSION Cover Image

I. EDITORIAL ATACURILE IRANIENE ÎN STRÂMTOAREA HORMUZ ÎNTRE UTILIZAREA FORŢEI, ATAC ARMAT ŞI OPERAŢIUNI ÎN ZONA GRI CA FORMĂ DE AGRESIUNE MARITIMĂ LIMINALĂ ZAHHAKIANĂ
I. EDITORIAL IRANIAN ATTACKS IN THE STRAIT OF HORMUZ: BETWEEN THE USE OF FORCE, ARMED ATTACK, AND GREY ZONE OPERATIONS AS A FORM OF ZAHHAKIAN LIMINAL MARITIME AGGRESSION

Author(s): Cristina Elena Popa Tache, Catalin-Silviu Sararu, Cecilia Ciocîrlan, Filofteia Repez, Mircea Carlan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Strait of Hormuz; jus ad bellum; UNCLOS; transit passage; grey zone conflict; state responsibility; self-defence; domestic protective state measures; energy security; maritime coercion;

Summary/Abstract: The Strait of Hormuz is critical to global energy security, which is also likely the underlying driver of geopolitical tensions transformed into legal frictions at the intersection of jus ad bellum, the law of the sea, and international responsibility. This article analyses maritime conduct attributed to Iran between 2019 and 2026, ranging from sabotage and strikes using drones or mines against commercial vessels, to seizures, naval harassment, administrative conditioning of transit, and de facto toll-booth mechanisms, in order to assess when such acts constitute a use of force within the meaning of Article 2(4) of the UN Charter, when they may reach the threshold of self-defence under Article 51, and how they fit within the category of grey zone operations. From the perspective of the law of the sea, the paper examines the regime of passage through straits (UNCLOS Part III), the tension between transit passage and Iran’s position as a signatory that has not ratified the Convention, as well as the practical consequences of contesting the customary nature of the regime. From the perspective of state responsibility, it addresses the standards of attribution and the evidentiary challenges specific to maritime incidents. On this basis, the article advances the concept of liminal maritime aggression as a form of sub-threshold, repetitive and ambiguous coercion, designed to operate between legal categories, maximising strategic advantage without automatically triggering the regime of armed self-defence. The Zahhakian analogy is assigned a strictly heuristic and non-stigmatising role, accompanied by a methodological note on the use of motifs from classical Persian literature. The conclusions formulate options for calibrated responses, with an emphasis on avoiding escalation and on protecting crews and the marine environment.

  • Issue Year: 2026
  • Issue No: 04
  • Page Range: 6-26
  • Page Count: 21
  • Language: Romanian
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