"Freedom of Navigation"? from an "Ill-Advised War"!

 

Anyone outside White House vortex of spin and lies knew the die was cast as soon as Iran demonstrated its ability to seize the Strait of Hormuz and hold the world’s energy markets hostage. With that, the vaunted principle of “freedom of navigation” that the United States has stood behind not only in the Middle East but around the world was shattered. And, as we are now witnessing, a crack in a fundamental pillar of U.S. power has dire consequences for the U.S.’s stature in the world and the rules-based system that has largely preserved peace and ensured prosperity for the Free World.

There is no such thing as “partial” or “conditional” freedom of navigation of the world’s oceans and waterways. The diplomatic contortions the U.S. continues deploying are something to behold. “Any fees in the Strait of Hormuz would be voluntary,” suggested a diplomat from Oman, recently enlisted by Iran to obtain its pound of flesh from the Trump negotiators. Iran, however, was not playing along: Of course the payments would be mandatory. (Who would pay otherwise?) 

The New York Times explained: “Call it voluntary if you like — Hormuz was completely open before this war, and now it isn’t,” said H.A. Hellyer, a senior associate fellow at the Royal United Services Institute, a research organization in London. “That is not Oman’s doing, they never wanted this. All this hassle is part of Washington’s bill for starting an ill-advised war.”

Secretary of State Marco Rubio, reliably disingenuous (unless he somehow believes the claptrap he parrots), insists that “the United States would oppose any scenario in which use of the strait was monetized, regardless of whether it was called ‘a fee or a toll or a donation.’” The U.S. can oppose it, but there is no reason to doubt that Donald Trump and his hapless negotiators will simply give way on this bedrock principle.

Donald Trump’s nonstop lies about our control of the Strait cannot alter the new power dynamic in the region, as Foreign Policy’s Keith Johnson details: 

The United States expended a large portion of its munitions, both precision-guided bombs and missiles such as Tomahawks and advanced missile interceptors such as Patriots, in a multiweek burst of “epic fury” in order to create a situation where Iran believes it will remain in control of one of the world’s key shipping corridors (and may well do so), all while ensuring for itself sanctions relief and billions of dollars in economic oxygen.

While U.S. President Donald Trump still mulls the idea of restarting the war with Iran, few take that seriously because kinetic action achieved little except higher gasoline prices, and the U.S. midterm elections are now even closer. To get a short-term peace, Trump offered all carrots and no sticks. Even future carrots: The MOU actually commits the United States to refraining from future sanctions on Iran.

Sure enough, Trump’s flimsy memorandum of understanding has become Iran’s mechanism to exert its leverage over the Strait, angle for sanctions relief, pursue access to frozen funds, and haul in international reconstruction funds — all without making binding commitments to address the ostensible reason Trump launched his reckless war, its nuclear weapons program.

Brookings Institution’s Burt Jones observed recently that “Iran [showed] that it can flex the major muscle that it has, which is to constrict shipping through Hormuz, and it can withstand the price that the West would impose on it.” Having accomplished that, nothing that will occur in post-war talks is likely to alter the new regional reality: 

Iran comes out of the war “in a stronger position than we went in.”

In reporting on Iran’s newfound negotiating partner, the New York Times reported last week: Iran and U.S.-allied Oman are moving forward with plans to collect payment for ships transiting the Strait of Hormuz, despite public American objections, according to an Iranian official and four diplomats with knowledge of the matter.

If enacted, the plans would be a significant change from the prewar status in the strategic waterway, underscoring how the American Israeli decision to attack Iran on Feb. 28 has changed the Middle East in far-reaching and unanticipated ways.

Demonstrating Iran’s newfound confidence, “Iran’s Islamic Revolutionary Guard Corps fired missiles at two commercial ships near the Strait of Hormuz early Tuesday,” the Wall Street Journal reported. It is just the latest sign that the shift in power in the region has become more profound as the war played out.

 Kari Heerman of the Brookings Institution explained: “Iran did not only assert control over the strait, it also experimented a little bit with politically conditioned access, offering discounts to its friends and higher rates to its enemies.” Heerman noted in analyzing how “freedom of navigation” has lost any meaning. “[T]hat’s a major departure from not only the status quo ante, it also presents major challenges for international maritime law.”

We hear each week that the talks are at risk of “collapsing” or that the “fragile truce” is at risk. Iran, with Oman’s aid, is systematically asserting long-term control of the Strait. Trump has zero interest in returning to full-scale hostilities; the economic sanctions that have constrained Iran are already being unwound; and the entire topic is a political loser for Trump. As oil prices gradually drift downward, Trump is less inclined to restart major military operations. The war is over, as both sides know. The memorandum talks are merely the means of tallying the cost to U.S.’s international standing.

Given all this, much of the Iran coverage has taken on an air of unreality. The Trump regime pretends to be engaged in grown-up statecraft; legacy media coverage regurgitates the Trump team’s assertions that Iran is desperate for a deal. The headlines take at face value the threat that the U.S. would resume a full-scale fight; but no one engaged in the talks believes that is remotely possible.

Rather than frame the news of the day around what the Trump regime is saying about events (Trump ready to destroy Iran again!), coverage of the talks should lay out the facts to educate the public about the new balance of power (Iran using muscle to extract economic benefits from Strait of Hormuz).

The U.S. has sacrificed a cardinal principle of a rules-based international order, freedom of navigation of the seas, which is a strategic defeat of immense importance.

Meanwhile, the Republican Congress, having entirely abandoned its constitutional and oversight role in America’s disastrous war, is equally responsible for this debacle. Republicans have made the case better than the most esteemed constitutional scholars: allowing the president (especially one as ignorant and reckless as this) unchecked control of foreign policy is a recipe for constitutional chaos and national security ruin.

Democrats need to keep the pressure on, insisting on comprehensive hearings and definitive committee reports to document the serial blunders in launching and conducting the war, tally the human and financial costs, and assess the diplomatic, economic, and strategic consequences of Trump’s catastrophe. Republicans have disqualified themselves from holding power. It will be up to Democrats to reassert Congress’s role as a critical constitutional player in matters of war and peace — and deal with the consequences of the loss of freedom of navigation of critical waterways such as the Strait of Hormuz.

-Jennifer Rubin, The Contrarian is community-supported. Help fund bold journalism and critical lawsuits to stop Trump’s corruption by becoming a paid subscriber. Join the fight now.