International Humanitarian Law and Its Application in Outer Space

Abstract

International humanitarian law (IHL) is applicable in outer space as a matter of international law, yet there are some challenges when it comes to specific principles and rules. The kinds of weapons that have been and might be used in space are discussed, as well as the ways in which space assets are used with respect to conflicts on Earth. An analysis then follows of the core principles of IHL and how they apply in space: the principles of distinction, proportionality, and precaution in attack. While it is imperative that States recognize the applicability of IHL to all their activities in space that involve conflicts on Earth and/or in space, care must be taken in weighing the traditional principles and their application to this new domain. As the technology that increases warfighting capability advances, so does the imperative to understand the applicable legal framework for the use of such technology. Show more