Legal implications of placing conventional/laser weapons in outer space: In light of the Outer Space Treaty
- Paper number
IAC-10,E7,1,26,x7678
- Author
Ms. Upasana Dasgupta, India
- Year
2010
- Abstract
Contrary to popular belief, the Outer Space Treaty does not explicitly prohibit placing of conventional or laser weapons in outer space. Article IV of the Treaty forbids placing of nuclear weapons or any weapon of mass destruction in outer space and military use of the Moon and other celestial bodies. Most authors have taken a literal interpretation of the Article IV by which placing of conventional/laser weapons in outer space is not prohibited and hence permitted by international law. Though Article IV is silent on this issue, there are other provisions of the Treaty which indirectly deal with the issue. Article I and IX state that outer space is to be used and explored for the benefit of all countries and with due regard to corresponding interests of other States. This brings us to the Hohfieldian analysis of rights and duties. The duty of States to respect the interests of other States, gives the other States the right to use and explore space without being hindered by activity of any State. A weapon deployed in the outer space would be like a proverbial sword hanging over one’s head and anyone would be scared to explore places near it. Besides a State over which the weapons revolve may find it as a threat of use of force. Thus, such use of space is indeed not for the benefit of mankind as mandated by Article I of the Treaty. There has been enormous debate on the words that space is to be used for ‘peaceful purposes’ in the preamble of the Outer space treaty. It has been argued that meaning of peaceful is non-aggressive, and not non-military, and such construction has emerged as customary law as 75\% of satellites have dual uses and there haven’t been any formal protests against them. The paper suggests that the difference between strategic use and actual weaponization must be noted and by no means, placing of weapons can be ‘peaceful’ use of outer space. Deploying such weapons may start an action-reaction cycle and lead to destruction of valuable space-based assets. Hence, such a step towards aggression is against the principles of general international law and principles of comity. Also, such an action-reaction cycle may lead to harmful contamination of the space by creation of innumerable debris.
- Abstract document
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