Legal Analysis of the Right of Self-Defense in Outer Space
- Paper number
IAC-06-E6.4.02
- Author
Ms. Yuri Takaya-Umehara, Japan
- Year
2006
- Abstract
In 1982, a year before when U.S. President Reagan started Strategic Defense Initiative (SDI) project for the elimination of the threat of offensive ballistic missiles, a new item was added on the agenda of the General Assembly of the United Nations as “Prevention of an Arms Race in Outer Space (PAROS)” establishing an Ad Hoc working group. With the enhancement of public awareness against an arms race in outer space, PAROS Committee was created by almost unanimous vote [A/RES/39/59] in the end of 1984. The legality of weaponization of outer space has been analyzed by PAROS Committee for a decade; in particular after the announcement of the U.S. “Star Wars” project which emphasized the benefit of space systems for military operation and originated the basic research and technological development of the current Missiles Defense (MD) systems. Working studies in the Committee concluded that the right of self-defense should be denied since it would destabilize international peace and security, however, U.S. officials working on the MD project still insist on that right in the name of national security. It is true that the augmentation of space systems is indispensable to support military operation, in particular, in centric war which requires gathering intelligence and information by such augmentation. However, it is disputable whether or not the deployment of space weapons which enable to destroy or disfunction foreign space assets is in accordance with international law including the Charter of the United Nations. The right of self-defense requires certain conditions given by International Court of Justice; however, the application of the right of self-defense to space military activities have not been seriously examined before States involved in the deployment of space weapons for the MD project. Therefore, it is necessary to clarify whether or not the right of self-defense is justifiable for the military uses of outer space with the analysis of national law relevant to the MD project as well as international law, in particular, space law.
- Abstract document