Open Access Research Article
GUARDIANS OF THE GALAXY: NAVIGATING THE BALANCE BETWEEN SECURITY AND HUMANITY IN SPACE
Published Paper
Article Details
GUARDIANS OF THE GALAXY: NAVIGATING
THE BALANCE BETWEEN SECURITY AND HUMANITY IN SPACE
AUTHORED BY - DEEPANSHI
GUPTA & SARTHAK GUPTA
Introduction
In contemporary military
operations, the utilization of technology enabled by space systems has become
indispensable, with armed forces leveraging satellite capabilities across
various domains. Critical operations performed by these space systems
include precise targeting, navigation for military aircraft, worldwide command
and control via satellite communications, and surveillance via remote sensors
and monitoring systems. However, worries over the stability and security of the
space domain have been raised by the growing militarization of space and the
advancement of counter space capabilities. As space is increasingly being
militarized by major nations and designated as an "operational
domain," specific space defence plans and commands are being
developed.
Electronic warfare, cyber
operations, directed energy operations, and anti-satellite missiles are only a
few of the serious dangers to space systems posed by the expansion of kinetic
and non-kinetic counter space capabilities. Furthermore, there are more risks
and dependencies because many space systems serve both military and civilian
purposes. Furthermore, the use of space systems goes beyond military
uses to include vital civilian functions necessary for disaster relief and
humanitarian missions. Disruptions to space systems during an armed conflict
may have a domino effect on civilian operations; for example, damage to
satellites may result in the production of space debris and the suspension of
vital services. Further exacerbating the vulnerability of civilian operations
dependent on space infrastructure is the increasing danger to dual-use systems.[1] The
rules regulating the conduct of hostilities apply to military space operations
even if international humanitarian law (IHL) does not expressly recognize space
as a sphere of battle. The essential principles of international humanitarian
law (IHL) that govern the moral and legal aspects of military operations in
space are distinction, proportionality, and prudence.[2]
International humanitarian
law (IHL) stands as a crucial framework designed to mitigate the devastating
impact of armed conflicts on vulnerable populations worldwide. Often
overshadowed or confused with human rights law, it is imperative to delineate
their distinctions. While both share some commonalities in their principles,
they operate within separate legal frameworks enshrined in distinct treaties.
Unlike human rights law, which predominantly applies during peacetime, IHL
specifically addresses the exigencies of armed conflict.
At its core,
international humanitarian law is guided by the imperative of safeguarding
individuals who are either not involved in hostilities or have ceased their
participation, aiming to minimise their exposure to the brutality of war.
Moreover, it imposes limitations on the means and methods of warfare, seeking
to uphold ethical standards in armed engagements. This dual focus underscores
IHL's commitment to protecting both civilians and combatants, regardless of the
conflict's origin or the parties involved. Crucially, IHL is applicable
solely within the context of armed conflict, excluding internal disturbances or
sporadic acts of violence. It comes into effect once hostilities commence and
applies universally to all parties involved, irrespective of their role in
initiating the conflict. By encompassing the protection of non-combatants and
regulating the conduct of warfare, international humanitarian law strives to
engender a modicum of humanity even amid the chaos of armed confrontations.
The first part of the paper
will examine the militarization of space, evaluate its effects, and discuss how
international humanitarian law (IHL) applies to space-related operations. In
addition, it will look at how satellite systems and global navigation function in
both military and civilian contexts today, highlighting the difficulties
brought on by space technology's dual purpose. Further, the second part of the
paper examines these problems, the paper hopes to provide incisive analysis and
workable answers to reduce the dangers of space weaponization and protect the
stability and security of the space domain. This study aims to deepen our
understanding of the complex issues facing space governance by examining the
intricacies of space militarization, the application of international
humanitarian law, and our dependence on satellite systems. It also proposes
policies that encourage responsible behaviour and the peaceful use of space
resources.
Navigating The Complexities Of Space: Militarization
And Weaponization
Humanity has entered a
domain in which the lines separating acts involving force from peaceful
endeavours are increasingly blurred. Once believed to be the realm of
exploration and discovery, the sky above us is today the scene of geopolitical
rivalry and strategic manoeuvring.[3]
The ideas of weaponization and militarization of space become central
themes in this dynamic narrative, inspiring critical thinking about the
ramifications for the future of mankind as a whole. The difference between
militarization and weaponization is essential to this discussion. Although
these phrases are used in conjunction with one another when discussing space
operations, these minor differences have a significant impact on how human
endeavours beyond Earth proceed. [4]
The act of deploying
harmful space-based equipment is known as weaponization, because it puts the
complex network of civilian infrastructure dependent on space technology under
danger in addition to competing spacecraft. [5] On the other hand,
militarization refers to the use of space for military objectives, including
communication, surveillance, and strategic command and control. A major concern
as we traverse the intricate terrain of space affairs is ethical issues. Space became militarized without
being explicitly declared as a result of the deployment of military
communication satellites. Since then, satellites have been used by armies all
around the world for a variety of purposes. Early warning offers crucial
information on missile launches, aids in force protection, and helps ascertain
the adversary's intentions and the movement of their troops. Detecting and
informing about missile strikes is one of the most important jobs that
satellites carry out, allowing for the planning of offensive or defensive manoeuvres
in response. Ground-based radars confirm the assault and provide further
information after a launch, whereas space-based sensors often give the first
sign of a launch. Situational awareness, which encompasses the present
knowledge of the position of enemy troops on land, in the air, on the sea, or
in space, as well as the capacity to monitor and anticipate their future
location, is mostly dependent on intelligence, surveillance, and reconnaissance
(ISR). It also entails being aware of the purpose. Space-based assets are
essential for supporting the critical activities of planning and
decision-making.
The possibility of kinetic or non-kinetic space weapons poses serious ethical concerns regarding the value of human life and the maintenance of cosmic peace.[6] The placement of nuclear weapons and other weapons of mass destruction (WMD) in space is prohibited under the Outer Space Treaty of 1967. It also forbids the use of force on celestial planets, but it permits enforceable regulations for the peaceful exploration and utilization of space. The pact allows the firing of ballistic missiles, which are capable of carrying any kind of payload, and does not define "weapons of mass destruction." Space can be used by transitory vehicles equipped with nuclear bombs, WMD, electronic systems, energy platforms, or kinetic systems due to these gaps or omissions. During the flight time, these movable vehicles have the ability to transform into weapon platforms. It seems counterintuitive that the concept of a weapon in the context of space is still unclear because any item moving through space can be turned into a weapon. Is it really worth it for mankind to risk the collateral damage that may result from strikes on critical space infrastructure in order to expand the realm of combat beyond Earth?
Furthermore, how can we
balance the militarization of space with the principles of scientific
collaboration and exploration that have traditionally characterized our
ambitions for space travel? In the middle of these moral conundrums, the
legal structure controlling space operations becomes crucial. The difficulty of
controlling the militarization and possible weaponization of space is one that
international law, which is based on the ideas of peaceful cooperation and the
avoidance of war, faces. Although the framework for managing space affairs is
provided by the treaties and accords now in place, there is a pressing need for
updated legal instruments that can effectively address the intricacies of
contemporary space warfare due to gaps in enforcement and interpretation.
The militarization and
weaponization of space urge us to go on a collective odyssey of introspection
and contemplation as we stand on the brink of a new frontier. How can we
recognize the strategic importance of national security and still protect
peaceful space exploration? Is it possible to create a future strategy that
strikes a compromise between the need for defence and maintaining space as a
field for research and innovation? In addition to solutions, these concerns
call for a determined effort to steer space travel in a way that preserves the
ideals of harmony, collaboration, and moral stewardship.
Placing International Humanitarian Law Into Action In
Space: A Critical Investigation Of Ethical And Legal Constraints
International
humanitarian law (IHL), also referred to as the law of armed conflict or jus in
bello, is a body of legislation that, among other things, sets guidelines for
how hostilities should be conducted in order to lessen the impacts of armed
conflict for humanitarian purposes. [7] IHL does not approve
of the application of neither the use of force nor the militarization or
weaponization of space. As the Resolution 9 reiterates, the international
community's long-term goal is to liberate space "from an arms race and
conflict." However, in the case of armed conflict, the only purpose of IHL
is to retain a semblance of humanity, particularly to protect people. [8] Further,
environmental requirements are required by Additional Protocol I's Articles 35(3)
and 55. These duties are owed to the environment in general in the former case,
and to the environment in which there is a relative risk to "the health or
survival of the population" in the second case.[9]
The goal of IHL's
regulations governing the conduct of hostilities is to shield Earth's civilian
population from the impact of military actions in or related to space during
armed conflicts. Among these are the ban against indiscriminate and
disproportionate assaults (Article 51, Additional Protocol I; Rules 11–14, ICRC
Customary IHL Study), the duty to uphold the principle of difference (Article
48, Additional Protocol I; Rules 1 and 7, ICRC Customary IHL Study), and the
requirement to take all feasible
precautions in attack (Article 57, Additional Protocol I; Rules 15-21, ICRC
Customary IHL Study). [10]
When implementing these regulations, it is also necessary to take into account
the possibility of producing debris and the cumulative risks that debris
presents to civilian space objects. Some things and people in armed conflict
are also given special protection under international law, especially IHL.
Medical personnel, activities, and facilities are examples of specifically
protected people and items that must always be respected and safeguarded, even when
conducting military space operations against the space systems required to
maintain the safety and proper operation of these people and objects.[11]
The natural environment, civil defence organizations, astronauts (as defined by
Article V of the Outer Space Treaty), and goods and individuals used in
humanitarian aid are among the other groups of people and things that are
expressly protected by international law. The Outer Space Treaty acknowledges that the advancement of space
exploration and peaceful uses is in the collective interest of all people.
Article IV of the treaty forbids the installation of weapons of mass
destruction, including nuclear weapons, in orbit. [12]
The pact also
mandates that the moon and other celestial bodies be utilized only for peaceful
purposes and prohibits the construction of military bases, facilities, and
fortifications as well as the testing of all weapons and military manoeuvres on
them.[13]The
UN Charter, which forbids the use of force or threat of force unless approved
by the UN Security Council under Chapter VII and in cases of self-defence under
Article 51, regulates when it is legal for States to use force against one
another. Additionally, the UN Charter requires Member States to resolve their
international disagreements using nonviolent methods.[14]
The application of international humanitarian law (IHL) to
space becomes a frontier of moral and legal research in the great scheme of
human endeavour. How do we make sure that the values of humanity and compassion
lead us through the difficulties of interstellar conflict as we travel across
the great reaches of space? The solutions are found in our shared will to
create a future in which the heavens give testimony to our highest goals of
peace and harmony, as well as in our dedication to respecting the principles of
international humanitarian law.
Global Navigation Satellite Systems (Gnss): Dual-Use
Dynamics: Ethical, Strategic, And Legal Aspects
Global Navigation
Satellite Systems (GNSS) represent a critical component of modern navigation
and timing infrastructure, offering precise positioning and timing data to
users worldwide. Consisting of several satellite constellations, GNSS utilize
radio frequencies in the L-Band to transmit signals, with each constellation
employing different frequencies and labels for their signals. [15]While
there are four primary constellations and two regional constellations, the US
Global Positioning System (GPS) stands out as the most frequently deployed GNSS
internationally, playing a crucial role in both military and civilian
applications.[16] GPS was
first created as a military tool to improve aiming and navigational accuracy.
Over time, it has expanded to serve a wide range of civilian purposes and is
now a vital component of many modern technologies, including navigation and
precise time synchronization. It is impossible to exaggerate the importance of
GPS in modern culture, as civilian frequencies are vital to many common
navigation systems and electronic gadgets.
The application of GPS
technology improves the accuracy and effectiveness of search and rescue
operations by helping teams locate downed aircrew members. GPS speeds up rescue
efforts and improves situational awareness by giving responders access to
real-time position data. This can possibly save lives by cutting down on
response times. The CSEL system's integration of GPS receivers and
communication radios is an example of how technology is convergent to meet
essential operational demands. The CSEL system provides search and rescue teams
with a comprehensive set of tools for identifying and communicating with
individuals in trouble in distant or dangerous locations by fusing GPS
functionality with communication capabilities.[17]
In addition, the creation
and implementation of GPS-enabled rescue and emergency response systems
demonstrate the military's dedication to use state-of-the-art technology to
improve mission efficiency and personnel security. The deployment of the CSEL
system by the US Air Force serves as evidence that GPS technology is beneficial
for both operational preparedness and human safety, especially in high-risk
situations. [18] But the
use of GNSS, especially GPS, also brings up issues with possible contestation,
especially when it comes to military application. GPS is a dual-use device that
can be targeted under the principle of distinction in scenarios involving armed
conflict, even if it has civilian applications. This is because GPS has a
military purpose that is encrypted.The intricate ethical and strategic issues
involved in weighing military benefit against predicted civilian casualties
determine whether or not targeting GPS devices passes the proportionality test.
In order to facilitate scientific research and applications that depend on
accurate Earth observations utilizing GNSS technologies—primarily GPS—the
International GNSS Service (IGS) is essential. The IGS, which has more than 200
participant organizations spread over 80 countries, makes it easier to provide
high-quality GNSS data and products to support a variety of socially beneficial
applications, such as Earth observation and research and the preservation of
terrestrial reference frames.[19] It
is amazing how widely used GPS is by both military and civilian users globally,
considering that it was first developed as a US military technology.
Although GPS was first
primarily used by the military, civilian users have quickly overtaken them,
demonstrating the system's dual-use nature and adaptability to a wide range of
user needs. Notwithstanding the disparities in the severity of military and
civilian requirements, the successful cohabitation of military and civilian
users emphasizes the need of offering secure, easily accessible, and
user-friendly services. Furthermore, other GNSS providers like GLONASS
(Russian) and Galileo (European) have also adopted dual-use functions, adding
to GPS's global prominence beyond its initial conception as a US system. Like
GPS, GLONASS began as a military technology but has subsequently evolved to be
used for civilian purposes as well. [20] In
contrast, Galileo was designed with civilian usage in mind, but it's possible
that the military may make use of it in the future due to the blurred lines
that exist around the military-civilian divide in GNSS applications. Targeting
dual-use GNSS systems in the context of military operations presents difficult
moral and legal questions. Although GPS and related systems are essential
components of civilian infrastructure, they are lawful targets under the
principle of difference because of their military uses. Targeting such systems,
however, requires careful consideration of both military goals and potential
civilian casualties in determining how proportionate it is.
Suggestions
The contemporary
discourse surrounding the prevention of an arms race in outer space and the
development of norms, rules, and principles of responsible behaviour in space
is characterized by a series of multilateral initiatives and proposals aimed at
ensuring the sustainability and security of space activities. At the forefront
of these efforts is the UN General Assembly Open-Ended Working Group (OEWG) on
"reducing space threats through norms, rules and principles of responsible
behaviours," which convened in Geneva from May 2022 to September 2023.
Concurrently, a new Group of Governmental Experts (GGE) on the "prevention
of an arms race in outer space" was also convened in November 2023. [21]These
forums provide crucial platforms for dialogue and consensus-building among
states regarding the formulation of international norms and agreements to
address emerging challenges in space security.
Central to the
discussions are notable proposals such as the Prevention of an Arms Race in
Space Draft Treaty (PAROS) and the Prevention of the Placement of Weapons in
Space Draft Treaty (PPWT), which have garnered support from Russia and China.[22]
These initiatives underscore the recognition of the urgent need to prevent the
weaponization of space and promote responsible behaviour among space-faring
nations. One significant aspect of the discourse revolves around the
characterization of certain satellites, such as infrared early warning
satellites, as linked to strategic capabilities. The consideration of these
satellites as critical assets highlights the potential consequences of
interference, which may provoke unconventional retaliation. Moreover, there is
growing consensus on the exploration of "keep out" or operational
zones as a potential policy or non-binding norm.[23] However, the
operationalization of such zones poses challenges, particularly concerning
their compatibility with existing international legal frameworks, such as the
Outer Space Treaty.
Furthermore, the
discourse underscores the crucial role of trust and transparency in fostering
understanding and cooperation among space actors. The lack of trust and
transparency not only undermines efforts to develop operational norms but also
increases the risk of miscalculation and conflict escalation in space.
Therefore, building trust and promoting transparency emerge as key challenges
in ensuring the peaceful and sustainable use of outer space. The
ongoing academic and policy discussions surrounding space security underscore
the importance of multilateral cooperation and the development of international
norms and agreements to address emerging challenges in space activities. By
fostering trust, promoting transparency, and exploring innovative approaches to
space governance, the international community can work towards ensuring the
long-term sustainability and security of outer space for the benefit of all
humankind.
States must follow a set
of guidelines to maintain the integrity and functionality of space systems
necessary for the provision of basic civilian services and the protection of
individuals and objects specifically protected by international law in order to
promote responsible behaviour and ensure the sustainable use of space. These
recommendations cover a number of important ideas:
First and foremost,
governments must abstain from participating in or endorsing any military action
meant to interfere with, demolish, physically harm, or otherwise incapacitate
space systems essential for the provision of civilian services and the defence
of people and property protected by international law. Maintaining the values
of humanitarian law and defending the welfare and fundamental rights of people
depend on this dedication.
Second, nations ought to
make every effort to physically or technically divide civilian and
military-operated space systems, especially those that are critical for
protected entities and essential services, wherever possible. This division
guarantees the continuation of vital civilian operations in times of crisis or
war while reducing the possibility of collateral damage. States
should also be proactive in identifying, registering, marking, announcing, or
informing others about any space systems under their control or jurisdiction
that need to be shielded from military actions. This open strategy improves
accountability and makes it easier for stakeholders to work together effectively
to protect the integrity of vital space infrastructure.
States shall also abstain
from damaging actions against space systems that might produce space debris, as
well as from creating, testing, or implementing kinetic counter-space
capabilities. Such activities pose serious hazards to upcoming space
missions and exploration projects in addition to endangering the sustainability
and safety of space operations. Finally, it is recommended that governments
work together to improve the ability of satellite systems to support emergency
response and humanitarian assistance activities in times of war and other
disasters. States may lessen the impact of crises on vulnerable people by
combining resources and expertise to improve the ability of satellite-based
systems to provide timely and efficient aid to impacted populations. Following
these recommendations emphasizes how important it is for governments to stand
up for the ideals of security, peace, and humanitarianism in space. Adherence to these guidelines underscores the collective
responsibility of states to uphold the principles of peace, security, and
humanitarianism in outer space. By embracing these principles and fostering
international cooperation, states can contribute to the sustainable and peaceful
use of outer space for the benefit of present and future generations.
A major source of worry
for the international community is the complex dual nature of many space
systems, which presents serious obstacles to space security and hinders
attempts to protect space systems from possible attacks. The word
"dual-use," which has caused uncertainty and confusion among
stakeholders, is crucial to this debate. It is used in multilateral space
security negotiations to refer to objects with diverse uses. The difference
between dual-use and dual-purpose systems—two types of space systems with
unique traits and implications for space security—is at the core of the
problem. Systems that have two uses—militaristic and civilian/commercial—as
well as military/security—either concurrently or alternately—are referred to as
dual-use systems. This blurs the distinction between the two uses. These
systems, which are frequently run by the military but also offer services to
civilians, are prime examples of the intricate interactions that occur in the
space domain between civilian interests and security requirements. On the
other hand, dual-purpose systems are built with benign goals in mind, such as
debris removal or on-orbit service, but they may also be used for hostile purposes
like attacking other space objects.
These systems, which are
mostly run by commercial and civil organizations, represent the meeting point
of innovation and security issues since they have potential for being
militarized and weaponized despite their seeming peaceful nature. The
amalgamation of these discrete classifications under the general heading of
"dual-use" has resulted in vagueness and impeded endeavours to
proficiently govern and alleviate plausible hazards in space. Both states
and non-governmental organizations have acknowledged that it may be challenging
to determine the real nature of dual-natured things and the harm they pose,
which makes regulatory frameworks more complex and undermines efforts to
promote openness and confidence-building. It is important to distinguish
between dual-use and dual-purpose systems, both theoretically and practically,
in order to handle these issues. States and other stakeholders can improve the
clarity and accuracy of recognizing and resolving space security issues by
drawing distinct boundaries for these categories. Regulations specific to each
category would also help create a more safe and profitable space sector by
streamlining regulatory procedures and enabling more focused mitigation
tactics. Adopting such a distinction will
improve openness and attempts to develop confidence in the space domain in
addition to reducing uncertainty. States may create a more resilient and
sustainable space environment by encouraging a common understanding among
stakeholders and matching legislative goals with the special qualities of
dual-use and dual-purpose systems. Moreover,
the division of dual-use and dual-purpose systems would encourage increased
cooperation and inclusion between governments, businesses, academic institutions,
and civil society. Regulatory frameworks may be strengthened with a variety of
viewpoints and areas of expertise by involving a wide range of stakeholders in
discussions and decision-making processes. This will increase the frameworks'
efficacy and legitimacy.
Further, a noteworthy
attempt to address the urgent need for a soft-law tool to control the
military's use of space is the European Union's proposed Code of Conduct for
Outer Space Activities. [24] The
Code aims to improve safety and security in space by creating voluntary
principles and norms that member governments have agreed upon, even though it
does not have legal authority. But it soon becomes clear that the current legal
system—in particular, Article IV of the Outer Space Treaty—is not up to the
task of handling the intricacies and difficulties that come with the modern
military use of space. There are significant ramifications for both space
security and international peace from the legal void around military use of
space. Lack of clear legal norms increases ambiguity and increases the
likelihood of conflict escalation both in space and on Earth as the
militarization of space progresses. This emphasizes how urgently coordinated
global efforts are needed to solve these issues and create strong legal
structures that guarantee the responsible and peaceful use of space. The legal
ambiguities surrounding military operations in space are further exacerbated by
the lack of cooperation amongst various arms control projects.
Initiatives like the
Russia/China Draft Treaty and the Draft EU Code of Conduct aim to close this
gap, but they work in tandem with other UN initiatives like the UN Committee on
Peaceful Uses of Outer Space and the Group of Government Experts on
Transparency and Confidence Building Measures in Outer Space Activities. [25]This
disjointed approach highlights the need for a unified worldwide platform to
enable a thorough discussion on space military usage. Given this, the United
Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) seems to be an
appropriate forum for discussing the legal uncertainties and difficulties
surrounding the military's use of space. UNCOPUOS has the necessary knowledge
and institutional structure, together with its mandate to supervise
space-related matters, to enable significant communication and collaboration
between governments. [26]
Although proponents of
the hard law approach support the creation of a legally enforceable instrument
to govern military operations in space, the delicate nature of the matter
demands the implementation of a workable temporary solution. Soft law
principles can be a useful foundation for directing governments toward reaching
agreements and laying the groundwork for the ultimate creation of a single,
legally-binding document. Soft law instruments, taking cues from
well-established models like the United Nations Convention on the Law of the
Sea, can offer a flexible and all-encompassing framework for tackling the
complex issues surrounding military space.
Conclusion
In conclusion, the
militarization and weaponization of space pose difficult moral, legal, and
strategic issues that call on the international community to take decisive
action. In order to regulate space operations and lessen the possible
humanitarian effects of armed conflict in space, respect for international
humanitarian law (IHL) is crucial. There cannot be an efficient system to
control space operations and guarantee the peaceful exploration and usage of
outer space without the rule of law and reciprocity.
The current conversation
on averting a space arms race emphasizes the significance of multilateral
programs that support ethical conduct and sustainable space
operations. However, there are major barriers to the establishment of
operational rules and a higher chance of error and conflict escalation in space
due to the lack of trust and openness among space players. Thus, creating a
culture of trust and encouraging openness become crucial tasks in guaranteeing
the peaceful and sustainable use of space. States are required to follow a
set of standards in order to solve these difficulties. These guidelines are
meant to preserve the integrity and operation of space systems, which are
essential for the provision of fundamental civilian services as well as the
protection of people and property that are particularly protected by
international law. This involves working
together to strengthen the resilience of satellite services for disaster relief
and humanitarian assistance, as well as abstaining from carrying out or
endorsing military actions that interfere with, harm, or disable space
equipment necessary for civilian services.
With the ability to
provide accurate location and timing information to users worldwide, Global
Navigation Satellite Systems (GNSS) are an essential component of today's
navigation and timing infrastructure. By speeding up reaction times and
increasing rescuers' situational awareness, the use of GPS technology enhances the
efficacy and precision of search and rescue operations, potentially saving
lives. Targeting dual-use GNSS systems during military operations, however,
presents difficult moral and legal issues of proportionality and striking a
balance between military goals and civilian deaths. States
must carefully balance the military advantages of targeting GPS devices against
the possible harm to civilians while navigating these moral and geopolitical
quandaries. Despite the fact that GPS and comparable technologies support vital
civilian infrastructure, the principle of difference makes them legitimate
targets due to their military use. However, any choice to attack such systems
needs to take into account how proportionate the action is to the expected
number of civilian fatalities and the overall humanitarian consequences.
Essentially, the problems
brought about by the militarization and weaponization of space highlight the
necessity of coordinated global efforts to respect the fundamentals of
international humanitarian law, encourage appropriate conduct in space, and
guarantee the sustainable and peaceful use of space for the good of all
people. The international community can successfully negotiate the
challenges of space security and preserve space exploration and usage for
future generations by promoting trust, openness, and collaboration among space
players.
[1] ‘War, law and outer space reducing human
cost of space operations’ (Humanitarian Law & Policy Blog) <https://blogs.icrc.org/law-and-policy/2023/08/15/war-law-outer-space-reduce-human-cost-of-military-space-operations/#:~:text=IHL%20rules%20on%20the%20conduct,outer%20space%20during%20armed%20conflicts> accessed 31 March 2024.
[2] ‘How would IHL apply to
hostilities in outer space?’ (Humanitarian Law & Policy Blog) <https://blogs.icrc.org/law-and-policy/2023/11/02/how-would-ihl-apply-to-hostilities-in-outer-space/> accessed 31 March 2024.
[3]‘Critical issues’ (Home - Reaching
Critical Will) <www.reachingcriticalwill.org/resources/fact-sheets/critical-issues/5448-outer-space> accessed 31 March 2024.
[4] ‘Space Law and Weapons in Space’ (Oxford
Research Encyclopedia of Planetary Science) <https://doi.org/10.1093/acrefore/9780190647926.013.74> accessed 31 March 2024.
[5]‘Critical issues’ (Home - Reaching
Critical Will) <www.reachingcriticalwill.org/resources/fact-sheets/critical-issues/5448-outer-space> accessed 31 March 2024.
[6] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[7] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[8] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[9] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[10] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[11] ‘Conflicts in space: International
humanitarian law and its application to space warfare’ XXXX.
[12]‘How would IHL apply to hostilities in
outer space?’ (Humanitarian Law & Policy Blog) <https://blogs.icrc.org/law-and-policy/2023/11/02/how-would-ihl-apply-to-hostilities-in-outer-space/> accessed 31 March 2024..
[13] ‘How would IHL apply to
hostilities in outer space?’ (Humanitarian Law & Policy Blog) <https://blogs.icrc.org/law-and-policy/2023/11/02/how-would-ihl-apply-to-hostilities-in-outer-space/> accessed 31 March 2024.
[14]International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[15] ‘Debate on Disarmament Aspects of Outer
Space Exposes First Committee Rift over Ways to Sustain Space Security, Prevent
Domain’s Weaponization | Meetings Coverage and Press Releases’ (Meetings
Coverage and Press Releases | Meetings Coverage and Press Releases) <https://press.un.org/en/2023/gadis3723.doc.htm> accessed 31 March 2024.
[17] ‘What are Global Navigation Satellite
Systems?’ (GPS & GNSS Equipment, Products & Solutions | NovAtel)
<https://novatel.com/tech-talk/an-introduction-to-gnss/what-are-global-navigation-satellite-systems-gnss> accessed 31 March 2024.
[18] Paul B Larsen, ‘Issues relating
to civilian and military dual uses of GNSS’ (2001) 17(2) Space Policy
111, XXXX <http://dx.doi.org/10.1016/s0265-9646(01)00007-8> accessed 31 March 2024.
[19] ‘GPS: A military perspective’ (Geospatial
World)
accessed 31 March 2024
[20] ‘GPS: A military perspective’ (Geospatial
World)
accessed 31 March 2024
[21] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[22] International Committee of the Red Cross,
‘The Potential Human Cost of the Use of Weapons in Outer Space and the
Protection Afforded by International Humanitarian Law’ (International
Committee of the Red Cross, 9 April 2021) <www.icrc.org/en/document/potential-human-cost-outer-space-weaponization-ihl-protection> accessed 31 March 2024.
[23] ‘War, law and outer space
reducing human cost of space operations’ (Humanitarian Law & Policy Blog)
<https://blogs.icrc.org/law-and-policy/2023/08/15/war-law-outer-space-reduce-human-cost-of-military-space-operations/#:~:text=IHL%20rules%20on%20the%20conduct,outer%20space%20during%20armed%20conflicts.> accessed 31 March 2024.
[24] Space Law and Weapons in Space’ (Oxford
Research Encyclopedia of Planetary
Science)
accessed 31 March 2024
[25] (University of Pennsylvania Carey Law
School) <www.law.upenn.edu/live/files/10006-cerl-conference-summary-report-weaponization.> accessed 31 March 2024.
[26]‘COPUOS’(UNOOSA)
accessed 31 March 2024
Article Information
GUARDIANS OF THE GALAXY: NAVIGATING THE BALANCE BETWEEN SECURITY AND HUMANITY IN SPACE
Authors: DEEPANSHI GUPTA, SARTHAK GUPTA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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