**MILAN** — The increasing frequency of underwater infrastructure damage across Europe has led to legal challenges regarding the jurisdiction and ownership of undersea cables. This situation may hinder NATO’s ability to effectively respond to such incidents.
Most critical undersea infrastructure is situated in international waters, creating opportunities for potential saboteurs to exploit regulatory gaps. Capt. Niels Markussen, director at NATO’s Maritime Centre for Security of Critical Underwater Infrastructure, remarked at the Arctic Frontiers conference in Norway, “If you go outside territorial waters, in principle there’s not much regulation—this makes the area attractive for those who want to operate outside the jurisdiction.”
Complicating matters further is the determination of whether damage is accidental or deliberate. Unlike surface crimes, where evidence such as fingerprints and DNA can be collected, attributing responsibility underwater presents significant challenges.
A recent report by the Atlantic Council underscored that different laws apply to ascertain responsibility for sabotage, depending on where the severed cables are located. Coastal states, such as Norway and Sweden, hold sovereign rights in their territorial waters, as specified in Article 21 of the United Nations Convention on the Law of the Sea. They may also exercise authority to repair and maintain submarine cables within their exclusive economic zones.
However, jurisdiction becomes murky when undersea infrastructure experiences damage in international waters. “If cables are willfully or accidentally damaged by a ship or person, the jurisdiction to determine appropriate punishment for the perpetrator lies with the state under whose flag the ship operates or that of a person’s citizenship,” the report states.
Additionally, a significant portion of underwater communication infrastructure is now owned by private firms, including large telecommunication carriers and content-delivery providers that often collaborate on cable operations. According to the network monitoring platform Kentik, companies such as Google, Meta, and Amazon have increasingly invested in the development and installation of new cables, with only about 1% of submarine cables being wholly or partially government-owned.
At a joint press conference in January, Adm. Pierre Vander, NATO’s Norfolk, Virginia-based commander for concepts and transformation, outlined a plan for an unmanned surface vessel initiative, essentially employing drones to monitor undersea infrastructure in challenging locations. This initiative includes deploying a fleet of naval drones as part of NATO’s maritime patrol mission in the Baltic Sea for ongoing surveillance of the strategic area.
Adm. Vander stated, “We will bring some new vehicles at the speed of light in less than a few weeks. The eight Baltic Sea states will also provide drones to NATO, allowing us to federate into a single network, spreading information to all stakeholders.”
**Elisabeth Gosselin-Malo** is a Europe correspondent for Defense News, covering various topics related to military procurement and international security, with specific expertise in the aviation sector. She is based in Milan, Italy.
