Transcript Security based space activities, ‘peaceful uses’ of outer space and new threats

Manfred Lachs Conference
SECURITY BASED SPACE ACTIVITIES,
“PEACEFUL USES” OF OUTER SPACE
AND NEW THREATS
Ayhan SORGUCU
(Military Judge Col. in TUAF)
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Legal framework of space law
The development of space law
International Humanitarian Law
International Humanitarian Law
in Outer Space
Conclusion
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Legal Framework of Space Law
 The Outer Space Treaty of 1967
 The Rescue Agreement of 1968
 The Liability Convention of 1971
 The Registration Convention of 1976
 The Moon Agreement of 1979
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The Outer Space Treaty,
 The Magna Carta of Outer Space,
 provides a general framework for the regulation of spacerelated activities,
 lays the foundation for the future development of space law,
 relevant principles and mechanisms are enriched,
 concretized and developed
 by the other four United Nations treaties of Outer Space .
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Outer Space
 the Moon and other celestial bodies are global commons
 share the common character of obligations erga omnes
 are not subject to national appropriation by any State
 free for exploration and use by all States
Cold War
Outer Space = “Ultimate High Ground”
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The development of space law
The international treaties and customary
international law are still serving as the main
legal grounds for activities in outer space
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The development of space law
The Outer Space Treaty Article 1;
 "for the benefit and in the interests of all
countries",
 "the province of all mankind",
 "without discrimination of any kind, on a basis of
equality"
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The development of space law
“I believe that this nation should commit itself to achieving
the goal, before this decade is out, of landing a man on the
Moon and returning him safely to the Earth.”
J.F.KENNEDY
25 th May 1961
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The development of space law
The first principal consideration of space law,
namely the protection of common interest, is the
primary objective of space law.
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The development of space law
 First, ownership by all and equitable sharing of benefits.
 Second, the maintenance of peace and common security
 Third, sustainable development.
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International Humanitarian Law
Its aplication to conflicts in Outer Space
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International Humanitarian Law
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International Humanitarian Law
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International Humanitarian Law
Jus ad bellum
 refers to the conditions under
which States may resort to war or
to the use of armed force in general,
 self-defence and United Nations
authorization for the use of force,
 United Nations Charter of 1945, are
the
core
ingredients
of
jus
ad
bellum,
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IHL is synonymous with
jus in bello
it seeks to minimize suffering
in armed conflicts
protecting and assisting all
victims of armed conflict
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International Humanitarian Law in Outer Space
One of the fundamental principles in the Outer
Space Treaty is that activities in the exploration and
use of outer space shall be carried out “in
accordance with international law, including the
United Nations Charter”.
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International Humanitarian Law in Outer Space
Article IV of the Outer Space Treaty..
… forbids the establishment of military bases,…
The prohibition on the use of force contained in
Article 2(4) of the United Nations Charter represents
a crucial element in the regulation of international
relations and is equally applicable to the use of
outer space.
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International Humanitarian Law in Outer Space
Article 51 of the United Nations Charter is also applicable to
the legal regulation of outer space
Under the principles of public international law, this right
of self- defence remains subject toexpress legal limitations
— the requirements of necessity and proportionality.
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International Humanitarian Law in Outer Space
The “peaceful uses” provision set out in Article IV of the Outer
Space Treaty has been the subject of much analytical
discussion as to its scope and meaning
While there is general agreement among space law
critics that this is directed against “non-military”
rather than merely “non-aggressive” activities, the
reality has, unfortunately, been different
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International Humanitarian Law in Outer Space
the rules relating to the
legal regulation of the use
of force – jus ad bellum –
apply to the use of outer
space, by virtue of Article
III of the Outer Space
Treaty, as well as under
customary international
law
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International Humanitarian Law in Outer Space
 There is no specific “territorial” limitation to the
application of the jus in bello principles
 an integral part of international law, the principles of
international humanitarian law, are also highly relevant
to the military uses of outer space
 any military activity that takes place in outer space will
be subject to the jus in bello in relation not only to the
direct action, but also as to its effects elsewhere, including
on Earth…
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International Humanitarian Law in Outer Space
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International Humanitarian Law in Outer Space
an action represented a legitimate use of force,
with the only possible justification being Article 51 of
the United Nations Charter
necessity and proportionality
Even if it Space warfare will depend upon a
number of fundamental principles of international
law
he action did not violate jus ad bellum principles,
one would then need to consider the jus in bello
principles raised earlier.
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International Humanitarian Law in Outer Space
“all feasible precautions”
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CONCLUSION
So important are space systems
to military operations that it is
unrealistic to imagine that they
will never become military
targets
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CONCLUSION
space superiority is emerging
as an essential element of
battlefield success and future
warfare…
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CONCLUSION
Although the existing jus in bello principles,
which also apply to outer space, provide some
underlying standards that regulate the
utilization of space for the purposes of armed
conflict, the unique nature of space requires that
the applicable rules be strengthened and
particularized towards the environment of space
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CONCLUSION
 if we are to avoid ‘grey areas’ in the law, it is necessary to
develop specific and clear rules and standards that categorically
sanction the weaponisation of space, as well as the engagement
in any form of conflict in the region of space and against space
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assets.
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CONCLUSION
As part of these new rules,
clear definitions need to be
developed for concepts such
as ‘space weapons’, ‘peaceful
purposes’ and ‘military uses’.
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CONCLUSION
the fundamental issue of
‘where space begins’
should be definitively
resolved so as to counter
any arguments that outer
space is, in fact, an area
akin to the territory of a
State for the purposes of
national security.
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CONCLUSION
significantly, in
developing these new
rules, we need to adhere
strictly to the ‘collective
humanity’ principles
inherent in both the jus in
bello and the
international law of outer
space in order to avoid the
possibility of alternate
scenarios too frightening
to contemplate.
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Thank you for your attention… Best Regards…
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