Armed Conflict in Outer Space: Legal Concept, Practice and Future Regulatory Regime

Abstract

Armed conflict in outer space could happen in two scenarios: first, a state may rely on relevant data obtained from the satellites to strengthen the effectiveness of its military action and second, a state may use either space-based or ground-based space weapons to attack a military target. Legally speaking, the above two scenarios constitute the use of force as defined in international law rules. From jurisprudential point of view, the extension of the right to self-defense to armed conflict in outer space provides a potential legitimate basis for the use of force in outer space, which is indirectly confirmed in the 1967 Outer Space Treaty. In view of the potentially serious consequences arising from armed conflicts in outer space, general principles and rules in international humanitarian law (including the limitation principle, the distinction principle, and the proportionality principle), together with the soft law rules and draft conventions arising from the ongoing regulatory efforts, shall provide a basic regulatory framework for armed conflict in outer space.