The militarization of space is escalating, with the potential to become a battleground. Nations are testing anti-satellite (ASAT) weapons, and satellites could become significant targets during conflicts.
Dr. Chris O'Meara from the University of Exeter Law School has conducted a study examining how the jus ad bellum, a body of law regulating the lawful use of force by states, applies to ASAT weapons and the rights of states to use them in space. The study suggests that jus ad bellum regulation of ASAT technologies can address state concerns about protecting satellites and other space assets and avoiding conflict in space. It argues that a clearer understanding of this law will assist decision-makers and military planners in ensuring lawful acts of self-defense are not mischaracterized as unlawful.
Dr. O'Meara explained, "Space is increasingly important, militarised, and congested. States and international organisations like NATO and the UN are trying to work out how legal rules apply to space and what should happen if there's conflict in that domain. This is not fantastical Star Wars territory; it is a necessary response to real concerns about future conflict in space. Countries are putting military weapons into space and this potential threat will continue into the future."
"For now, it is clear we are not going to get a new weapons control treaty to respond to the fears of wars in space, so we will have to rely on existing rules from the UN Charter and customary international law and to think about how these existing rules apply above Earth. So far, there has been relatively little focus on the jus ad bellum, but my view is that we do have this existing toolkit, a body of law which applies and which sets out standards of conduct, but we need to better understand how it works in space. A better appreciation of the law is a big part of the answer."
"In the absence of a multilateral ASAT weapons control treaty, the jus ad bellum, alongside international humanitarian law, must be regarded as an essential part of the international law framework limiting their use."
"A clearer understanding of jus ad bellum requirements could directly address pressing international concerns regarding the weaponization of space and the fear of wars between states in that domain."
The study asserts that adherence to jus ad bellum helps to prevent and limit conflict in space and restricts the deployment of ASAT weapons. Compliance is fundamental to maintaining international peace and security, preserving space for peaceful purposes, and ensuring its resources benefit all of humanity.
Research Report:Anti-Satellite Weapons and Self-Defence: Law and Limitations
Related Links
University of Exeter
Military Space News at SpaceWar.com
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