The Times Australia
The Times World News

.
The Times Real Estate

.

Australia wants navy boats with lots of weapons, but no crew. Will they run afoul of international law?

  • Written by Simon McKenzie, Lecturer in Law, Griffith University
Australia wants navy boats with lots of weapons, but no crew. Will they run afoul of international law?

The Australian Navy is set to be transformed. On top of existing plans for nuclear submarines, the government yesterday announced a scheme for an “enhanced lethality surface combatant fleet[1]” including six new “optionally crewed[2]” vessels.

The advantages of these vessels, which can operate with or without a crew, are clear. They can operate for longer, with more stealth, and allow military personnel to avoid hostile environments.

Simple remote-controlled craft have been used since at least the 1920s, but increasingly sophisticated uncrewed vessels are becoming more common. Ukraine has used small uncrewed boats[3] against Russian targets in the Black Sea, the United States plans to build a swarm of sea drones[4] to protect Taiwan, and China is developing its own devices[5].

However, it is so far unclear how these vessels fit within existing international law. Unless their legal status becomes more clear, it may increase the risk of conflict with potentially serious consequences.

What’s the problem with uncrewed vehicles?

The key international treaty regulating the ocean – the United Nations Convention on the Law of the Sea[6] – was negotiated in the 1970s and early 1980s, well before uncrewed vessels of the kind we see today were a realistic concern.

The convention balances the rights of coastal states with those of maritime powers by dividing the ocean into different zones, with different rules about what states can do in each zone. It’s a complicated system[7], but in general, states have more control over the use of the ocean closer to their own coasts.

Read more: Ukraine: how uncrewed boats are changing the way wars are fought at sea[8]

Under the convention, foreign ships and vessels in waters close to the coasts of other states have certain navigational rights. These rights establish where ships can go in the ocean and what they can do when they are there.

Naval vessels also rely on these navigational rights to operate. In particular, where crucial sea lanes are very close to the coast – such as in the Malacca Strait between Singapore, Malaysia and Indonesia – ships or other vessels without navigational rights may not have a firm legal footing for passing through.

And in a crisis, it may not be feasible to avoid such waters by finding another route. If states had different views about what actions were permissible, it would increase the risk of conflict.

What counts as a ‘ship’?

So what does all this have to do with Australia’s “optionally crewed systems”?

The first problem is that the convention on the law of the sea gives navigational rights to “ships” and “vessels” without defining what they mean. There is an ongoing debate[9] about whether these categories include uncrewed devices, or whether having people on board is required to qualify for navigational rights.

A photo of a speedboat powering through the water with nobody aboard.
Vessels without a human crew can legally be ‘ships’, but whether they can be ‘warships’ is less clear. Justin Brown / Commonwealth of Australia / Department of Defence[10]

In my view[11], the more convincing argument is that uncrewed vessels like the ones Australia plans to purchase should count as ships and vessels.

The convention is designed to be the “constitution of the ocean”, with a very broad scope. This suggests we should also take a broad idea of what counts as a ship or vessel.

What counts as a ‘warship’?

However, uncrewed devices may face a more significant problem: can they be “warships”? This is a special legal category for vessels with the right to engage in belligerent activities – that is, engage in warfare and naval blockades.

Again, it is the lack of people on board that may cause issues. Unlike “ship” and “vessel”, the term “warship” is explicitly defined in the convention.

According to Article 29 of the convention, warships must be, among other things, under the command of a commissioned officer and manned by a crew under armed forces discipline. A plain reading of these requirements suggests that a vessel without people on board cannot be a warship and must stay out of conflict.

Read more: The government has unveiled its Navy of the future. Will it solve our current problems – or just create new ones?[12]

However, the reason “warship” is defined this way[13] goes back to the 19th century, when states wanted to distinguish their own “warships” from the vessels of privateers. This is why the definition refers to the vessel being under command and with a crew that is part of the armed forces.

The point of the definition is to ensure the warship is controlled by a state. We should understand it as part of the effort by states to keep control of legally authorised violence, not an attempt to restrict certain rights to vessels with crews.

The future of uncrewed vessels and the law

How will this legal dilemma be resolved? The neatest solution – a revision to the convention to clarify the situation – is unlikely, because the political prospects of getting all 169 signatory states to agree to such a change are remote.

The stakes are high. The use of uncrewed vessels may plausibly lead to increased risk taking by states. It is easier to imagine the US sending a fleet of uncrewed vessels in a freedom of navigation operation[14] close to the Chinese coast than risking a crewed fleet.

Read more: US military plans to unleash thousands of autonomous war robots over next two years[15]

What can states do to reduce the risk of miscalculation and conflict?

States like Australia that plan to adopt this technology should look to develop international law in other ways. They can do this by putting their views about what uncrewed vessels are permitted to do on the record.

In doing so, they will contribute to the development of customary international law. Making Australia’s position on these devices more transparent will help create a legal regime that can cope with technological change.

References

  1. ^ enhanced lethality surface combatant fleet (www.defence.gov.au)
  2. ^ optionally crewed (www.theguardian.com)
  3. ^ used small uncrewed boats (theconversation.com)
  4. ^ build a swarm of sea drones (news.usni.org)
  5. ^ developing its own devices (navyrecognition.com)
  6. ^ United Nations Convention on the Law of the Sea (www.un.org)
  7. ^ complicated system (www.un.org)
  8. ^ Ukraine: how uncrewed boats are changing the way wars are fought at sea (theconversation.com)
  9. ^ ongoing debate (law.uq.edu.au)
  10. ^ Justin Brown / Commonwealth of Australia / Department of Defence (images.defence.gov.au)
  11. ^ my view (law.unimelb.edu.au)
  12. ^ The government has unveiled its Navy of the future. Will it solve our current problems – or just create new ones? (theconversation.com)
  13. ^ reason “warship” is defined this way (digital-commons.usnwc.edu)
  14. ^ freedom of navigation operation (foreignpolicy.com)
  15. ^ US military plans to unleash thousands of autonomous war robots over next two years (theconversation.com)

Read more https://theconversation.com/australia-wants-navy-boats-with-lots-of-weapons-but-no-crew-will-they-run-afoul-of-international-law-223980

The Times Features

From Classic to Contemporary: 5 Timeless Costumes for Any Party

When it comes to dressing up for a costume party, you want to choose something that is not only fun but also memorable. Whether you're attending a Halloween event, a themed gathe...

Action Figures as Art: The Growing Trend of Custom Figures and Modding

Action figures have long been regarded as collectible items, valued by enthusiasts and fans for their connection to popular culture. However, in recent years, a growing trend has...

The Ultimate Guide to Securing Grants for Your Small Business in Australia

Running a small business in Australia comes with both opportunities and challenges. While it can be rewarding, funding your business through the early stages or periods of growth...

Men’s Guide to Styling Suits with Sweaters for the Ultimate Winter Look

Winter brings a unique set of challenges when it comes to maintaining a sharp and stylish wardrobe. While suits are a staple of a well-dressed man’s closet, staying warm during t...

Discover the Charm of a Girl's White Dress

Key Highlights Timeless elegance: White dresses feel pure and have classic charm. They are perfect for many types of events. Versatile styles: You can pick from lace, embroid...

Top Medical Grade Red Light Therapy Devices in Australia

Key Highlights Lumitter™ has advanced red light therapy devices that combine new ideas with wellness. Red light therapy helps lower pain and swelling and boosts skin health. ...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping