Autonomous Navigation and International Law: Does the Principle of Meaningful Human Control Apply at Sea?

As it is commonly known, digital technologies and automation are revolutionizing maritime operations, offering significant economic and safety benefits by reducing human errors. Despite these advancements, the legal implications of Maritime Autonomous Surface Ships (MASS) have not been thoroughly explored by the international community. The present paper examines the intersection of autonomous maritime navigation and international law, specifically the principle of Meaningful Human Control (MHC). Accordingly, this study addresses whether autonomous maritime navigation falls under the principle of MHC, which mandates that Autonomous Weapon Systems (AWS) be under human control to be considered lawful under International Humanitarian Law (IHL). The paper traces the origins of the MHC debate within IHL, discussing its relevance and potential applicability to maritime navigation. It analyzes international maritime regulations, such as the United Nations Convention on the Law of the Sea (UNCLOS), which implicitly assume human involvement in navigation. However, the study argues that these regulations do not necessarily prohibit the use of MASS but highlight safety concerns that could arise from the lack of human operators on board. A significant focus is placed on the legal status of the shipmaster, a role traditionally charged with the control and responsibility of the vessel. The paper examines whether this role can be adapted to include remote or autonomous control, suggesting that the presence of a human controller, even if remote, might fulfil the MHC requirement. Fully autonomous ships, which operate without direct human oversight, raise questions about compliance with international law. The study acknowledges the challenges in defining the normative content of MHC for autonomous navigation, particularly as the degree of automation increases. It explores different levels of human involvement, from remote control to full autonomy, and debates whether programmers of autonomous systems could be considered as fulfilling the role of shipmasters under international law. Concluding, the paper emphasizes the need for further exploration and debate on the application of MHC to maritime navigation. It suggests that while the current legal framework does not explicitly address the use of MASS, evolving interpretations and new regulations could potentially accommodate these advancements. The research underscores the importance of international consensus and regulatory adaptation to ensure the safe and lawful integration of autonomous technologies in maritime operations. From a methodological perspective, this study examines the chosen topic by proposing a systemic analysis of different regimes of international law (particularly IHL and LOS), aiming to distill the systemic relationship that may emerge from the combined observation of various branches of the international legal system.