International law and the military use of unmanned maritime systems

Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the app...

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Bibliographic Details
Published inInternational review of the Red Cross (2005) Vol. 98; no. 902; pp. 567 - 592
Main Authors Schmitt, Michael N., Goddard, David S.
Format Journal Article
LanguageEnglish
Published Cambridge, UK Cambridge University Press 01.08.2016
Subjects
Armed forces
Conflict
Handbooks
International law
Land
Law of the Sea
Legal status
Maritime law
Means and Methods of Warfare
Military law
Naval warfare
Neutrality
Regulation
Ships
Warships
United States > US
UNCLOS
autonomy
drones
unmanned maritime systems
naval warfare
passage rights
armed conflict
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Summary:Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.
Bibliography:Informit, Melbourne (Vic)
International Review of the Red Cross, Vol. 98, No. 902, August 2016, 567-592
ISSN:1816-3831
1607-5889
DOI:10.1017/S1816383117000339