Weaponization of Outer Space: Neutrality Laws Revisited
- Paper number
IAC-06-E6.4.08
- Author
Prof. Setsuko Aoki, Keio University, Japan
- Year
2006
- Abstract
US Air Force Published a controversial doctorine document titled “Counterspace Operations” on 2 August 2004. Although not a governmental view, that document has to be studied in depth because it contains the action plans which could collide with the rules and spirits of exsiting international space law and international law of armed conflicts by suggesting the possibility of attacking a commercial satellite of a neutral country during an armed conflict in and from outer space. The idea of the document may lead to the increasing insecurity in outer space not only through the planned weaponization of outer space but also the ressurection of the application of neutrality law the scope and contents of which have been unclear for several decades. Thus, this paper is to evaluate the doctorine of "Counterspace Operations”in that the legality of weaponization of outer space and the applicability of neutrality law, including Convention respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land (Hague V) in 1907, Convention concerning the Rights and Duties of Neutral Powers in Naval War (Hague XIII) in 1907, Convention on Maritime Neutrality in 1928 as well as other related legal instruments and customary international law, taking note of the unique legal status of space objects that do not contain nationality.
- Abstract document