World leaders should look to existing international law on the use of force to address the threat of space becoming ever more militarized, a new study shows.
Space has the potential to be a source and place of armed conflict and regulating military activities in space is of pressing international concern.
Tests of anti-satellite (ASAT) weapons have fuelled fears of warfare in space. Resulting space debris from ASAT weapon threatens other satellites in orbit, many of which underpin the operation of human societies and the functioning of global economies.
Conflict in space could have catastrophic effects on civilians and state interests, both on Earth and in space.
Despite the importance of satellites and the need to protect space from the effects of military activities, multilateral attempts to restrain the escalating weaponization of space have failed.
A new study argues existing laws, grounded in the UN Charter and customary international law, can help to secure international peace and security beyond the Earth's atmosphere.
The study, by Chris O'Meara from the University of Exeter Law School, argues that existing law can be used to limit when and how states may lawfully target satellites using ASAT technologies, even in self-defence.
A clearer understanding of these rules allows states to protect their vital space assets while also addressing state concerns regarding space debris, civilian harm, and avoiding conflict in space. Adherence to these legal requirements ultimately helps to secure international peace and security on Earth and in space.
Dr O'Meara said: "The prospect of war in space is of real concern and states assert their right to act to defend their interests in that domain. Unease over the militarization or 'weaponization' of space is accordingly at the top of the international agenda. Although states continue to develop new counterspace weapons, adherence to established legal requirements that can be interpreted and adapted to apply in outer space has the potential to limit ASAT weapon use."
"A clearer understanding of these requirements directly addresses pressing international concerns regarding the weaponization of space and the fear of wars between states in that domain. As we all rely on satellite-based services in our daily lives, greater clarity regarding legal restraints on warfare in space benefits us all."
