Maritime Law Enforcement in the Era of Autonomous Ships: Use of Force and Safeguards

Maritime Law Enforcement in the Era of Autonomous Ships: Use of Force and Safeguards

This chapter deals with the role of maritime autonomous vehicles (MAVs) in the context of law enforcement operations that may involve the use of force. In such a context, any deployment of MAVs must first adhere to the existing jurisdictional parameters under both UNCLOS and other international treaties that regulate this conduct. These jurisdictional limits concern what law enforcement powers may be exercised where, over what activities, and in relation to what vessels or which persons. Secondly, if the operation of MAVs for law enforcement purposes involves the use of force, legal requirements resulting from both the rules on the use of force and international human rights instruments must be observed. These rules vary, depending on the degree of autonomy of the MAV deployed, the specific location where a maritime law enforcement operation is carried out, and the way in which a MAV used for a law enforcement operation affects the persons on board the controlled vessels. While jurisprudence of different human rights courts and bodies provides some guidance for states in discerning when they must uphold international human rights obligations when operating at sea, this chapter argues that the pertinent standards cannot be considered fully settled, and the deployment of MAVs will require further refinement as to when states must either act or refrain from acting so as to protect international human rights.

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