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Maritime Drones at War

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Various forms of autonomy have been a feature of naval warfare for decades. Some of these autonomous capabilities have involved weapons systems that are located on vessels with a commanding officer and crew onboard. Such vessels fit within the definition of a warship. However, recent developments in drone technology, as well as those contemplated in the near future, challenge the existing warship paradigm. Whether a drone is characterized as a ‘weapon’, ‘system’, or ‘ship’ has a direct bearing on the rights and privileges it enjoys under the law of naval warfare and the law of the sea. This chapter assesses those elements of the law of naval warfare that are relevant to the development of maritime drones and determine whether the law adequately caters for twenty-first century (and beyond) developments. The chapter will initially deal with the characterization of drones as unmanned maritime systems (UMS), identify various types of UMS, and assess their status and navigational rights. The chapter will then look at the use of drones in a number of operational contexts, including escort, blockade, and targeting. Conclusions regarding the adequacy of the current laws of naval warfare will complete the chapter.

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