Legal Implications of Outer Space Warfare - Part II
Legal Implications of Outer Space Warfare - Part II

Summary/Abstract: As demonstrated in the first part of the present article, the outer space is facing an increased militarization. Space-faring nations are competing in this novel environment to assert supremacy and, thus, secure advantages on Earth. As a result, the prospects of an incoming outer space conflict are higher with each technological advancement and launch. Not only governmental agencies, but also private actors are increasingly active in this spatial endeavour.According to the Outer Space Treaty, state parties should conduct their activities in outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations. The beginning and conduct of warfare are strictly regulated by international legal norms and, thus, a potential conflict unfolding in outer space must also abide by these rules.The purpose of the present paper is to analyze the jus ad bellum and jus in bello norms and interpret them in light of the specificities posed by a potential outer space warfare. The article takes into consideration the distinct weapons, actors and effects of such a conflict and will attempt to adapt the existing rules to this novel state confrontation environment.

• Details
• Contents