Modern Australian
Men's Weekly

.

'Narco-drones' are the newest form of drug trafficking. Our laws aren't yet ready to combat them

  • Written by Natalie Klein, Professor, UNSW Sydney
'Narco-drones' are the newest form of drug trafficking. Our laws aren't yet ready to combat them

This month, Spanish police authorities seized autonomous underwater vehicles, each capable of transporting around 200 kilograms of drugs. It’s not the first time police authorities have caught an uncrewed vessel carrying illicit substances.

These remote-controlled “narco-drones”, “narco-subs” or “underwater drones” herald a new era in international drug trafficking. Drugs and other illicit goods can now be transported across the oceans, controlled by a remote operator located anywhere in the world.

Drugs are clandestinely shipped to Australia with traffickers attempting a variety of methods. It’s only a matter of time before Australian Border Force is confronted with these “maritime autonomous vehicles” being used to smuggle contraband into the country. These are ships or underwater vehicles that are remotely controlled or autonomous and don’t have humans on board.

Both international and Australian laws need to catch up.

International law isn’t entirely ready for narco-drones

There isn’t one universal definition of a “ship” or “vessel”. This makes it difficult to know when rights and duties attach to that ship.

China, for example, has a shark-shaped drone used to gather intelligence. While a naval surveillance ship may be entitled to the freedom of navigation, it shouldn’t be presumed that such a small, uncrewed “vehicle” also enjoys this right.

Law enforcement officials are already using uncrewed sea vessels for policing purposes. Australia gifted drones to Sri Lanka last year to support efforts against migrant smuggling operations.

Private companies are designing uncrewed surface vehicles for use patrolling against illegal fishing.

The new technology will likely become a critical component for countries wanting better information about who’s doing what and where.

A 'narcosub' found off the coast of Spain
A ‘narco-drone’ found off the coast of Spain. Marta Vázquez Rodríguez/Europa Press via Getty Images

Law enforcement

International law requires states to cooperate and share information to prevent different transnational crimes at sea. For example, Article 108 of the UN Convention on the Law of the Sea requires all states to cooperate in the suppression of drug trafficking on the high seas.

The 1988 Drugs Convention goes further, allowing parties to the treaty to stop and board each other’s vessels when they’re reasonably suspected of trafficking in illicit drugs.

However, if there’s no-one onboard a remote-controlled submarine, the existing rules and procedures for law enforcement cannot work as they have before.

The International Maritime Organization is undertaking a study of who is a “master” and “seafarer” in the context of uncrewed surface ships used to transport cargo around the world. While the organisation has an important focus on maritime safety, there are many legal questions relating to crimes at sea that also need to be answered.

Who’s held criminally responsible?

Determining who might be held criminally responsible when an uncrewed vessel is seized isn’t immediately apparent.

Australian legislation criminalises drug-trafficking when a “person transports the substance” but doesn’t refer to a situation where the person isn’t present at the time of transport. A person isn’t necessarily in “possession” of illicit drugs if they’re remotely controlling a narco-drone.

The alternative may be to prosecute an alleged offender on the grounds they’ve aided and abetted in the crime.

Read more: Drug delivery drones shouldn't surprise us – smugglers have used everything else

This also raises the question of whether, and how, the designer of an autonomous vehicle may be criminally responsible. For example, what if the person designing the autonomous vehicle didn’t know it was to be used for criminal purposes?

We may need to rethink how we understand criminal recklessness or intention as requirements of a drug-trafficking offence when remote-controlled trafficking occurs.

Designers and manufacturers of maritime autonomous vehicles may need to consider how to safeguard their products against improper use.

Who has jurisdiction?

Determining which country has legal jurisdiction when a criminal enterprise uses autonomous narco-subs may be a complex issue.

For example, what if the alleged offender is a Russian national located in Belarus who’s operating the autonomous vehicle to transport drugs from Myanmar to Australia?

Australia doesn’t usually criminalise conduct by foreigners that occurs in the sovereign territory of other countries (the offence of killing an Australian overseas being one exception).

In light of uncrewed vessels, states may need to consider new bases of jurisdiction to justify the exercise of authority over an alleged offender.

Even if law enforcement officials manage to arrest the perpetrator and assert jurisdiction, prosecution will likely depend upon a range of other challenges such as criminal intelligence sharing and extradition processes.

Prior to the recent seizure in Spain of the “narco-drones”, Houthi rebels in the waters around Yemen were using small remote-controlled vehicles laden with explosives to attack Saudi ships.

This terrorist act potentially falls within the terms of the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. States party to this treaty are to criminalise these sorts of actions and prosecute or extradite those responsible.

But as with drug-trafficking laws, questions arise as to how terrorism laws will apply to the use of these autonomous vessels.

Destroying narco-drones

Broader consideration of Australian policing powers is further needed to determine if our laws are fit for purpose in assessing this new security threat.

It’s not entirely clear, for example, that the “seafarer” definition in the Navigation Act could currently cover maritime autonomous vehicle operators. This is because it states: “seafarer means any person who is employed or engaged or works in any capacity (including that of master) on board a vessel on the business of the vessel…”

The simplest response to this new criminal enterprise might be destroying any narco-drones captured at sea. International law doesn’t prohibit such a response, although environmental considerations would likely arise.

In Australia, the Maritime Powers Act permits the disposal of vessels at sea only in certain circumstances. But the simple interception and destruction of a narco-drone – with no intention to seize and investigate, or to collect evidence – is likely to require updates to the law.

Authors: Natalie Klein, Professor, UNSW Sydney

Read more https://theconversation.com/narco-drones-are-the-newest-form-of-drug-trafficking-our-laws-arent-yet-ready-to-combat-them-186824

Why Australian Businesses Are Having a Second Think About Digital Growth

Running a business these days is a whole lot different to how it was even a few short years ago. Customers are better informed, there's more competi...

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...

Top Safety and Comfort Features to Consider in Family Off Road Caravans

Exploring Australia’s coastline, bush tracks or outback locations is far more enjoyable when travelling in a caravan designed for both comfort and...

“Logistical Nightmare” – Rural and Remote Communities Supply Chain Nightmares

Australia’s road logistics need major reform to counteract the supply chain issues that are hitting rural and regional communities hard. With 80% of...

The Importance Of Quality Bait Boards For Boats To Enhance Fishing Efficiency And Comfort

Fishing enthusiasts understand that having the right equipment on board makes every trip smoother and more enjoyable. One essential accessory for an...

The Essential Safety Gear Every Tradesman Needs

Across industries like construction, electrical work, plumbing, carpentry, and welding, workers face hazards every single day. For tradesmen, having...

Best POS System Features That Boost Customer Experience

Source: Unsplash Starting and scaling a retail business is unlikely possible without an effective Point of Sale (POS) system. It is the tech heartbe...

Understanding SMSF Setup Online and Why More Australians Are Choosing Digital Fund Establishment

liManaging your own superannuation gives you greater control over investments, retirement planning, and long-term financial decision-making. As inte...

Double Carport: Complete Guide to Design, Cost, and Installation

A double carport provides practical, cost-effective protection for two vehicles whilst adding value and functionality to your property. Whether you're...

How External Blinds and Awnings Improve Comfort, Privacy, and Energy Efficiency

Outdoor comfort and protection are essential for homes and commercial properties, especially in regions with strong sunlight, high UV exposure, and ...

Worksite Comfort Upgrades That Boost Team Productivity

Jobsite productivity doesn’t depend solely on tools, training, or scheduling. It also hinges on something often overlooked: worker comfort. When e...

NDIS Occupational Therapy: Your Complete Guide to Accessing Support and Services

Occupational therapy plays a crucial role in helping NDIS participants achieve their goals and improve their daily living skills. For people with disa...

How to Start Trading Futures in Australia: Markets, Margin and Regulation

Futures trading has become increasingly popular among Australian traders seeking opportunities across global commodities, indices, currencies and ener...

The Importance Of Residential Scaffolding For Safe And Efficient Home Projects

Home construction and renovation projects require reliable access systems that prioritise both worker safety and structural stability. Whether the p...

Understanding All on 4 Dental Implants and Their Benefits for Full Mouth Restoration

Tooth loss can affect daily life in many ways, including chewing difficulties, speech problems, facial changes, and reduced confidence. Modern denti...

Why Removalists Are Essential for a Smooth, Safe, and Hassle-Free Moving Experience

Moving homes or offices can be overwhelming, especially when you’re trying to balance packing, organising, heavy lifting, and time-sensitive deadl...

Understanding Domestic Violence Orders in Queensland

Domestic violence is an issue that affects many households. This article will break down the key aspects of Domestic Violence Orders (DVOs) in Queen...