Indeed, it is now generally accepted that peaceful does not mean “non-military” but simply equates to “non-aggressive.” This fact is demonstrated by the extensive State practice of using space for military purposes.
They do not, nor is there any such analogous customary international law prohibition. There has been much debate as to whether the preamble and Article IV of the Outer Space Treaty, which both emphasize the use of outer space for “peaceful purposes,” prohibit all military operations in space. This post examines some of the key international humanitarian law (IHL) issues that might arise in the event that hostilities reach into space. Air Force Chief of Staff General David Goldfein has warned that, should such a war occur, “ everybody loses.” In light of this risk, there is a clear need to clarify how international law would regulate an armed conflict that begins in, or extends to, outer space.
Beyond geopolitical tension between space powers, the extent to which countries rely on space for national security purposes and the related proliferation of counterspace capabilities are contributing to the risk of “space war.” U.S. The prospect of armed conflict in outer space unfortunately appears to be growing.
This Just Security forum concludes with the third and final installment below. More information on the project is available here. The mission of the project collaborators is to develop a Manual that objectively articulates and clarifies existing international law applicable to military space operations. This three-part Just Security forum introduces and analyzes key emerging legal issues raised by space-based military operations, which are the focus of the ongoing Woomera Manual Project, an international research project that is spearheaded by The University of Adelaide, The University of Exeter, the University of Nebraska and the University of New South Wales – Canberra. Such uncertainty increases the chance of a strategic error in the conduct of military operations in space. (Editor’s Note: The absence of a comprehensive analysis of the legal framework for military operations in outer space represents a troubling deficiency in the understanding of the applicable law.
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