Sovereign Immunity of Uncrewed Surveillance Vehicles and the Limits of Enforcement Jurisdiction

What is it about?

States have long trespassed on the territory of other States to carry out surveillance. However, new technology is changing the amout and impact of these incursions: uncrewed aerial vehicles (UAVs) and uncrewed maritime vehicles (UMVs) used for surveillance can trespass in the territory of another State without risking the lives of their operators. In addition, States appear to be more willing to capture or destroy these devices. This paper assesses what States can do when faced with incursions by uncrewed surviellance devices. Are they limited to requested they leave their territory, or can they be forcefully required to leave or destoryed? Answering these questions is essential for figuring out how States can respond to the proliferation of this form of surveillance in a way that is consistent with international law. The paper argues that their trespassing conduct results in these uncrewed devices losing their entitlement to sovereign immunity from the enforcement jurisdiction of the territorial State. As such, they can be lawfully captured or destroyed. Territorial States can take strong action to protect the integrity of their sovereign territory.

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