Application of the Principles of Jus in bello and Jus ad bellum in Outer Space
- Paper number
IAC-10,E7,1,27,x7833
- Author
Mr. Prashant Upadhyay, India
- Year
2010
- Abstract
The Outer Space Treaty or any of the four other treaties governing the space do not contemplate a situation of war and therefore, do not provide for any guidelines regarding law of war in outer space. This is primarily because, as has been emphasized in these treaties, the space is considered as the common heritage of mankind, to be explored and exploited for the benefit of mankind. Therefore, the question of having a space war does not arise. However, this was the situation in 60s and 70s when these treaties were entered into. But today, most satellites are used for dual purposes and States are developing ASATs for defensive purposes. This may lead to a space war in future and it is time that we have laws to govern it. Though, Outer Space Treaty does not talk of the laws of war , the laws of war of earth applies to space too by virtue of Article III of the Outer Space Treaty. The most authoritative law on use of force is the UN Charter which applies to outer space. The phrase ‘territorial integrity and political independence’ of Article 2(4) of the Charter is not to be interpreted restrictively but to epitomize the total legal rights which a sovereign state has. Thus, an attack on space assets is use of force to territorial integrity and political independence of State and hence forbidden by Article 2 (4) of the Charter. The exception of Article 51 which gives right of self-defense, applies in space too but this right cannot be exercised merely on the ground of assumptions, expectations or fear of use of force. Further, an act of reprisal is not covered by article 51. However, like in earth, even legitimate use of force has to comply with rules of jus in bello. Use of force should be directed towards legitimate military targets only and it includes satellites having dual use and military use. Economic targets that indirectly but effectively support and sustain the enemy’s war-fighting capability are legitimate military targets. Thus only those targets attacking which military advantage is gained can be attacked. This paper emphasizes that the concepts of jus ad bellum and jus in bello should be used in outer space mutatis mutandi, so that we are not left in a legal vacuum in case a space war breaks out.
- Abstract document
- Manuscript document
(absent)