Nationality of an Autonomous System

TOPIC SPONSOR: AF Futures

What defines the nationality of an autonomous system? How does this affect their operational employment?

• Okmark, LCDR Lars, "Navigating Autonomy: Challenges of Integrating Autonomous Vehicles in US Military and Commercial Maritime Sectors" AFGC thesis, 2025.
  • Okmark answers questions regarding the nationality and operational employment of autonomous systems by highlighting that current international maritime law fails to provide a clear framework for establishing vessel nationality without a human crew. Because traditional treaties like UNCLOS dictate that ships must be "properly manned" and operate under the authority of a master, the deployment of fully autonomous ships creates "significant legal uncertainties regarding vessel nationality, liability, and flag state jurisdiction". This legal ambiguity severely impacts operational employment; an autonomous naval vessel entering contested waters without recognized nationality, clear legal status, or direct human oversight could inadvertently trigger diplomatic crises or have its actions misinterpreted as unlawful acts of aggression. To resolve this and prevent autonomous ships from being trapped in a "regulatory fog," Okmark argues for urgent multilateral agreements and updated UNCLOS interpretations to harmonize vessel classification, establish uniform flag-state recognition, and ensure MASS can navigate globally without facing conflicting jurisdictional enforcement.