The Scope of Applying the Principle of the Military Objective to a Space Object in Armed Conflict

Paper number

IAC-15,E7,2,7,x29765

Author

Dr. Yuri Takaya-Umehara, Kobe University, Japan

Year

2015

Abstract

The dual-use nature of space technology raises a question whether or not it is possible to distinguish
civilian objects from military objects in space activities during armed conflict. The terms related to
military objects are found in Article IV (2) of the Outer Space Treaty of 1967. It prohibits the establishment
of military bases, installations and fortifications, the testing of any type of weapons and the conduct of
military manoeuvres on celestial bodies, while allowing the use of military personnel for scientific research
or for any other peaceful purposes. The same wording is found in Article 3 of the Moon Agreement of
1979. The difference between the two treaties is that the latter allows the use of any equipment or facility
necessary for peaceful exploration and use of the Moon. From these provisions, it seems feasible to
distinguish civil from military in case of conflict on the Moon and other celestial bodies. However, it leaves vagueness in terms of space objects including space stations in Earth’s orbit.

In theory, space objects are potentially vulnerable to any kind of attack if they are recognized as
”military objectives" functioning during armed conflict. In 1977 the principle of the military objective
was codified in Article 52(2) of Additional Protocol I of the Geneva Convention of 1949 and has become customary international law for armed conflict at sea, on land or in the air. The term “military objectives" is defined as “[. . . ] those objects which by their nature, location, purpose, or use make an effective contribution to military action
and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the
time, offers a definite military advantage." In addition, the ICRC commentary refers to the objectives as
something visible and tangible so that it can include space objects. The definition is also found in
several subsequent instruments such as Additional Protocols II and III, Annexed to the 1980 Conventional
Weapons Convention, and the second protocol to the Cultural Property Convention.

Taking into consideration that space-based infrastructure is used for civil and military application
at the same time, in peacetime as well as in wartime, the author explores the possibility of outlining the
scope of the principle in terms of space activities during armed conflict.

Abstract document

IAC-15,E7,2,7,x29765.brief.pdf

Manuscript document

IAC-15,E7,2,7,x29765.pdf (🔒 authorized access only).

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