Does a coastal State have the right to use potentially lethal force against submarines in its internal waters and territorial sea?

Abstract

Submarine intrusions were a major security issue for several coastal states in the aftermath of World War II and during the Cold War. Recent incidents suggest that this might not only be a problem that belongs to the past. How may then a coastal State defend itself against such intrusions? Is the coastal State entitled to use force? If yes, do human rights influence the legality of the use of force?

The topic of this thesis is inspired by what occurred in the Swedish territorial sea in October 2014. Sweden used substantial resources and non-lethal measures to locate what is likely to have been a submarine, without any success. In the aftermath of Sweden’s unsuccessful operation in October 2014, a debate arose in Sweden on the authorization to use potentially lethal force against submarines

The objective of this thesis is thus to establish whether the coastal states are entitled to use potentially lethal force against a foreign submarine found in their internal waters or territorial seas. Furthermore, this thesis examines the balance between the right to life in accordance with the European Convention on Human Rights and the right of protection of the coastal State in the case of a submarine intrusion.