DRONES AND HOSTILE INTENT

摘要

Determining hostile intent-the imminent use of force against U.S. forces or their allies-while outside declared conflict is potentially the most complex combat decision a captain faces. Though the United States is not a signatory, the U.S. Navy adheres to the U.N. Convention on the Law of the Sea (UNCLOS) freedoms of navigation and overflight. While aloft over land, drones that wander into foreign airspace without permission violate Article 8 of the 1944 Chicago Convention on International Civil Aviation. In international airspace, however, aircraft fly where they wish. A ship can react only if the actions of a drone are deemed sufficiently threatening or dangerous that they trigger the "inherent right of self-defense" clause permitted by international law and enshrined in U.S. rules of engagement.