The Applicability of the Jus in Bello Rules of International Humanitarian Law to the Use of Outer Space
- Paper number
IAC-06-E6.4.09
- Author
Prof. Steven Freeland, Australia
- Year
2006
- Abstract
The Outer Space Treaty confirms that the principles of international law apply to the use and exploration of outer space. Given the development of technology, outer space is more frequently being used during the course of armed conflict, particularly through the use of sophisticated satellite technology, notwithstanding the ‘peaceful purposes’ provisions of that Treaty. Not only does this give rise to international law issues relating to the use of force, but it also requires an understanding of how and to what extent the international law principles of jus in bello – international humanitarian law – also apply to the conduct of these outer space activities. This paper will examine a number of specific aspects of the jus in bello principles as they relate to the use of outer space, focussing particularly on those laws and treaties that purport to regulate damage to, or manipulation of the environment, either in the development of military technology or during the course of armed conflict. The paper will conclude that, although international humanitarian laws do apply to activities in outer space, they may not be sufficiently specific to provide appropriate regulation for the increasingly diverse ways in which outer space is being used during the course of armed conflict. This may therefore necessitate the finalisation of additional space law regulation directly applicable to the conduct of armed conflict which may involve the use of space technology.
- Abstract document
- Manuscript document
IAC-06-E6.4.09.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.