Practical Application of Jus in Bello and Jus ad Bellum to the Legal Regulation of Outer Space Environment
- Paper number
IAC-15,E7,2,3,x29880
- Author
Mr. OLUSOJI NESTER JOHN, African Regional Center for Space Science and Technology Education in English (ARCSSTE-E), Nigeria
- Coauthor
Mrs. Victoria Morenike John-Olorioke, Obafemi Awolowo University, Nigeria
- Coauthor
Mrs. Lami Ali-Fadiora, African Regional Centre for Space Science and Technology Education in English, Nigeria
- Coauthor
Mrs. Ololade Olateru-Olagbegi, Adekunle Ajasin University Akungba-Akoko, Nigeria, Nigeria
- Coauthor
Mr. Olaposi Adedolapo Olaseeni, Obafemi Awolowo University, Nigeria
- Coauthor
Ms. Joan Ogongo, Egerton University, Kenya
- Coauthor
Dr. Adesina Coker, Obafemi Awolowo University, Nigeria
- Coauthor
Ms. Funmilayo Erinfolami, African Regional Center for Space Science and Technology Education in English (ARCSSTE-E), Nigeria
- Year
2015
- Abstract
Soon after the World Wars – at the time when the use of force was lawful and Nations were not prohibited from waging war (jus ad bellum) – the international community developed a continuing interest in regulating the conduct of warfare through prescribed rules of behavior (jus in bello). Although, the use of force between States is prohibited by peremptory rules of international law today, certain exceptions like self-defence (individual or collective), Security Council enforcement measures and right to self-determination exist. More so, despite the existence of the prohibitions, armed conflicts still take place. Today, Nations have “development programs in directed energy and hit-to-kill mechanisms” and other space-related warfare technology, to engage terrestrial targets from space. This is for the purposes of protecting their territories, sovereignty and superiority. The legality of fighting an armed conflict through outer space is a matter to be examined in this work, having regards to international space law. The core focus of the paper is on these International humanitarian law rules which govern the legality of the use of force by Nations (jus ad bellum) and regulate the actual conduct of war once the use of force begins and has attained a reasonable level of intensity (jus in bello), and their practical application to the unique environment of outer space. It gives a brief discussion on jus ad bellum and jus in bello. It talks about the legal regulation of outer space as it relates to armed conflict and its intersection with the two principles. The duties of space-faring belligerent Nations towards non-combatant civilians and civilian objects in outer space and on Earth are also analyzed. The work concludes with some recommendations.
- Abstract document
- Manuscript document
IAC-15,E7,2,3,x29880.pdf (🔒 authorized access only).
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