The laws of war in outer space

The international regulation of outer space is "embedded" in international law. It is not an esoteric and separate paradigm. Indeed, the main United Nations Space Treaty, the Outer Space Treaty, expressly confirms that the principles of international law apply to the use and exploration of outer space. Given the development of technology, outer space is more frequently being used during the course of armed conflict, particularly through the use of sophisticated satellite technology, not with standing the "peaceful purposes" provisions of that Treaty. Not only does this give rise to difficult international law issues relating to the use of force, but it also requires an understanding of how and to what extent the international law principles of jus in bello- international humanitarian law - apply to the conduct of these outer space activities. The position is complicated further by the growing number of "dual use" satellites that simultaneously provide capacity to both commercial/civilian users and the military. This chapter examines a number of specific aspects of the jus in bello principles as they relate to the use of outer space, as well as more recent initiatives aimed at attempting to provide further clarity to the applicable rules. Although international humanitarian law does apply to activities in outer space, the existing principles may not be specific enough to provide appropriate regulation for the increasingly diverse ways in which outer space could be used during the course of armed conflict. There is therefore a growing need to reach a consensus on additional legal regulation directly applicable to the conduct of armed conflict that may involve the use of space technology.