Preliminary communication
https://doi.org/DOI 10.21857/mzvkpt3ew9
State Responsibility in Combat Operations Involving Sea Drones
Katarzyna Stalmach
Abstract
The rapid development of technology – particularly the emergence of sea drones, a type of maritime autonomous and unmanned system – is reshaping the contours of State responsibility in international law and exposing regulatory gaps. With the advent of autonomous and unmanned sea drones capable of making independent decisions through artificial intelligence (AI), existing legal frameworks have become inadequate. This article examines the basis for State responsibility for combat operations carried out by sea drones, including internationally wrongful acts. The article will also address the question of who should be held responsible for any mistakes made – military commanders, designers, manufacturers, or suppliers. The discussion focuses on acts in violation of international law, and the possibility of attributing that violation to a subject of international law, i.e., a State. The key challenge in the case of maritime autonomous and unmanned systems is precisely the attribution of their actions. This article therefore seeks to determine whether existing doctrines of attribution and control can accommodate the operational realities of autonomous maritime warfare, or whether a new paradigm of State responsibility is required. The central research question concerns the State’s
responsibility in scenarios in which a sea drone controlled by an algorithm takes actions not intended by the State or that exceed the objectives set by the commander. The analysis considers the Articles on Responsibility of States for Internationally Wrongful Acts and examines the issue of “effective” control as articulated in the case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America). The research methods employed include the legal-doctrinal, normative, and descriptive approaches. The article concludes that sea drones are transforming the conduct of warfare, which necessitates the redefinition of State responsibility under the existing legal framework by closing the regulatory gap.
Keywords
sea drones; autonomous maritime systems; unmanned maritime systems; naval warfare; responsibility
Hrčak ID:
353361
URI
Publication date:
12.11.2026.
Visits: 0 *