Unmanned Maritime Systems

Abstract

Unmanned systems (UxS) are entering into service to provide persistent and survivable naval capabilities in high threat environments with decreased risk to human life and at a lower cost than manned platforms. The vulnerability of traditional warships means that sensors and weapons are becoming distributed among a network that includes unmanned surface vessels (USVs), various submersible unmanned underwater vehicles (UUVs), and unmanned aerial vehicles (UAVs). These systems are becoming more numerous and more capable alternatives to traditional warships and military aircraft, raising new legal issues. UAVs are considered “aircraft” in international instruments and state practice, while flag states are just beginning to designate USVs and UUVs as “ships” and submarines as “vessels” subject to the rules that govern such craft, such as navigational rights, including innocent passage, transit passage, and high seas freedoms. States are also moving toward designation of unmanned naval craft as “warships” entitled to sovereign immunity. Unmanned warships are also entitled to belligerent rights in the law of naval warfare.