Navigating Tensions: How Indian Tankers Bypass US Blockade in Strait of Hormuz

Rising Tensions in the Strait of Hormuz

The escalating conflict between Iran and the United States has transformed the Strait of Hormuz, a crucial maritime route, into a battleground. While the US claimed to have fully blockaded this passage, the reality tells a different story. Despite the deployment of the US Navy, numerous oil and LPG tankers have successfully reached Mumbai and other ports in India.

Naval Power vs. Maritime Geography

Following Iran's refusal to yield, the US Navy was stationed in the Gulf of Oman with the aim of completely halting Iranian trade through this strategic route. However, experts suggest that naval power has its limitations. A recent example is the Indian tanker 'Desh Garima,' which transported 97,000 metric tons of crude oil from Qatar and safely arrived in Mumbai despite threats of Iranian attacks. Reports indicate that since the blockade began on April 13, over 30 tankers have successfully navigated this route, with at least 34 tankers reportedly evading US scrutiny.

How Are These Ships Evading Detection? Analyzing Two Possible Routes

Strategists like Jim Bianco and Mario Nafal have pointed out potential routes being utilized by Indian and other international vessels:

Makran Coast and Pakistan's Maritime Zone: Ships can navigate close to Iranian territorial waters and directly enter Pakistan's maritime zone.

Technical Advantage: According to international law, the US Navy cannot intercept vessels within another country's maritime zone (like Pakistan).

UNCLOS Rule: Under the United Nations Convention on the Law of the Sea (UNCLOS), every coastal nation has control over 12 nautical miles (22 km) of its waters, allowing commercial vessels the right to 'innocent passage.'

Direct Route to Chabahar and International Waters

The second route involves navigating along Iran's coast to reach the Chabahar port.

Direct Journey: After reaching Chabahar, vessels can turn south into international waters and proceed directly to the coasts of Maharashtra, Gujarat, or Karnataka.

Legal Complications: The US blockade primarily targets disputed international waters linked to Iran. As long as a vessel is engaged in legitimate trade, preventing its peaceful passage contravenes international regulations.

Is the Route Through Pakistan Safe for India?

Defense experts assert that despite tense relations between India and Pakistan, maritime trade rules differ slightly. According to defense analyst Sandeep Unnithan:

Peaceful Passage: Indian commercial vessels can technically pass through Pakistani waters without obstruction, provided they do not stop or engage in activities like fishing.

Invisible Shield: The US blockade operates in international waters, making the use of a country's territorial waters a 'safety shield' for vessels.

Current Situation

According to the Ministry of External Affairs (MEA), there are currently 14 Indian vessels in the Strait of Hormuz area. India is utilizing all diplomatic and technical options to ensure its energy security. This situation illustrates how diplomacy and an understanding of maritime laws can maintain trade lifelines even in wartime conditions.

Is Passage Through Pakistani Waters Possible for India?

While there are at least two routes from the Persian Gulf to India, the question arises whether Indian vessels are permitted to enter Pakistani waters.

Under UNCLOS, every coastal nation controls its waters up to 12 nautical miles (22 km). Foreign commercial vessels have the right to 'innocent passage' through these waters, meaning they can travel peacefully without stopping, fishing, or posing a threat to the coastal nation. Generally, a coastal nation cannot prevent a vessel from passing through as long as it is merely transiting.

Defense expert and senior journalist Sandeep Unnithan explained, 'There is no issue for Pakistani commercial vessels to pass through Indian waters, and similarly, Indian vessels face no restrictions in passing through Pakistani waters. Even warships can transit these waters, but they must seek permission from the respective country, which may not always be granted.'

Navigating the Blockade

A retired senior officer from the Indian Navy provided a technical perspective on how Indian vessels can navigate past the US blockade in the Strait of Hormuz.

According to the former commodore, the US blockade primarily targets vessels entering or exiting Iranian ports. Neutral vessels, including Indian-flagged tankers or those carrying goods to India, are not the main targets of this blockade and face limited direct threats from US forces. However, the threat from the Iranian side remains, as they have expressed intentions to fire upon vessels and impose their own restrictions.

The retired officer noted, 'Practically, the situation is much more complex, as most of India's trade occurs through foreign-flagged vessels; during conflicts, insurance rates for ships rise sharply, causing many commercial operators to avoid entering the region.'

The Role of the Indian Navy

The retired officer emphasized that the Indian Navy plays a calm yet crucial role in this entire process.

'Once a vessel receives permission to transit the strait—often obtained through 'case-by-case negotiations' by the Ministry of External Affairs—the Indian Navy meets the vessel at a predetermined rendezvous point in the Gulf of Oman, located at a safe distance from both US and Iranian military operational areas.' The officer stressed that vessels operating under the protection of the Indian Navy would not need to approach the Pakistani coast or enter Pakistan's maritime zone.

'From the Gulf of Oman, they can head directly to Indian ports—Mumbai, Kochi, or any other port in India.'

Navigating Political Complexities

'Using Pakistan's maritime zone is possible, but due to political entanglements and potential information or permission requirements under the rules of 'innocent passage,' it may be deemed unnecessary and risky for Indian-flagged vessels.'

Notably, following a deadly attack in Pahalgam last April and New Delhi's ban on imports of goods from or passing through Pakistan, as well as prohibiting Pakistani vessels from entering its ports, Pakistan also barred Indian-flagged vessels from using its ports.

These mutual restrictions between India and Pakistan regarding maritime zones remain in effect. They primarily target flagged vessels and access to ports; while they do not outright block all types of commercial vessels, they create various practical and political obstacles for Indian vessels near or within Pakistan's maritime zone.

Legal Implications of UNCLOS

The retired naval officer stated, 'UNCLOS theoretically guarantees 'innocent passage,' but due to the complex relations between the two countries, Pakistan can exercise some degree of discretion in controlling its maritime zone.'

India Today Digital reached out to the Directorate General of Shipping in Mumbai to inquire whether Indian vessels enter Pakistani maritime zones. However, officials declined to provide any information citing security reasons.

Limitations of the US Blockade

The US Central Command has so far instructed 28 vessels to turn back, and some have been boarded for inspection or detained. President Donald Trump described this blockade as a 'tremendous success,' claiming it gives the US complete control over the strait.

However, once an oil tanker enters any country's maritime zone—be it Iran's, Pakistan's, or India's—it falls outside the easy reach of US forces. The US Navy cannot enter these sovereign maritime areas without permission.

The US claims that this blockade significantly hampers Iran's oil revenue. Nevertheless, the ongoing supply of crude oil at discounted rates clearly indicates that making a blockade completely impermeable in today's modern era is a challenging task.

Exploiting Maritime Loopholes

A significant loophole is that any vessel using Iran's maritime zone can enter international waters; it can either exit near the Chabahar port or navigate closely along the Makran coast to enter Pakistan's maritime zone, subsequently heading towards the Arabian Sea. The journey from Kharg to Mumbai is entirely feasible, and this reality may potentially influence energy security and diplomatic equations in the region.