Weaponizing Outer Space
On the 18th of June, President Trump announced a new branch of the US military, a US “Space Force,” costing an estimated $12.9 billion in its first five years [1]. Technological advancements and the use of operation satellites have created a global system where our dependence on the stability and security of outer space is pivotal. We rely on space for communications, transport, banking, weather forecasting and arms control verification [2]. American literary journal, Ploughshares, identifies two key threats to the outer space domain: space debris and space as an arena of warfare [3]. The space environment is gradually becoming infiltrated with more and more assets, therefore the risk of assets colliding with orbital debris has significantly increased [4]. As for the threat of space being used as a battleground, incidents have occurred such as the deliberate jamming of satellite signals, as well as the development of ground-based anti-satellite weapons and dual-use precursor technologies [5]. The militarization of outer space poses significant risks not only to countries but also to the security of the entire global system.
At the 73rd annual session of the United Nations General Assembly First Committee on Disarmament and International Security, the emerging threats posed to outer space and its security were raised by a number of delegations. Many states spoke of the increased activity and the consequential risks of orbital traffic, collision and dual-use counter-space systems. During the discussions on outer space weapons, Russia and China promoted the draft treaty on the Prevention of the Placement of Weapons in Outer Space and Russia’s No First Placement Initiative. Whilst a handful of states supported the treaty, others, including the Australian delegation believe that the initiative could have “counterproductive consequences by allowing unfettered development of terrestrial and dual-use counter-space systems”[6]. States are also concerned that the treaty fails to provide a sufficient verification mechanism on the types of weapons being developed and deployed, meaning states could use civilian satellites to disguise the intended malign purposes of such weapons [7].
The primary international treaty regulating the use of outer space is the 1967 Outer Space Treaty. The treaty prohibits states from deploying “nuclear weapons or any other kinds of weapons of mass destruction” in outer space [8]. Weapons of mass destruction are considered to be nuclear, chemical and biological weapons. Whilst there is no explicit prohibition on “militarizing” space in the 1967 Outer Space Treaty, Article IV, section two makes references to the use of space for “peaceful purposes.” Some analysts argue that these references should therefore be interpreted to the use of all types of weapons systems in outer space [8]. The international community has been questioning whether the treaty and the current legal framework is sufficient for the encroaching militarization of outer space. One significant shortfall of the treaty is its exclusion of the prohibition of ballistic missiles, which could be armed with weapons of mass destruction through space [9].
More recently the space domain has “becom[e] an emerging arena for any technological shows of force” [10]. In June 2013, China spoke of increasing their space exploration and modernization ambitions. Washington has raised concerns that China’s civilian aspects of their space program also have an active military component, suggesting that China has invested in advanced space capabilities, including “satellite communication, intelligence, surveillance, reconnaissance, [and] satellite navigation” [11]. This was evident with China’s destruction of one of its old weather satellites by a prototype anti-satellite missile, which generated 800 additional space-debris in the Earth’s orbit which is significantly threatening the space environment [12].
Technological developments are accelerating at an exponential rate in all domains, including the military sector. The legal and humanitarian consequences of such developments need to be preempted in order to guarantee that international norms and legal frameworks are compatible with the threats posed by such systems. The weaponization of outer space is a growing threat to international peace and security, and if left unregulated could have devastating consequences. Learn more about disarmament efforts and the Outer Space Treaty by researching UNODA and the sources below.
References:
[1] William D. Hartung, “Trump’s Space Force is Putting Us All in Danger,” The Nation, September 25, 2018. <https://www.thenation.com/article/trumps-space-force-is-putting-us-all-in-danger/>
[2] William D. Hartung, “Trump’s Space Force is Putting Us All in Danger,” The Nation, September 25, 2018. <https://www.thenation.com/article/trumps-space-force-is-putting-us-all-in-danger/>
[3] Reaching Critical Will, a programme of the Women’s International League for Peace and Freedom 777 UN Plaza, 6th Floor, New York, NY 10017 USA email: info@reachingcriticalwill.org web: www.reachingcriticalwill.org.
[4] Statement delivered by Sally Mansfield, Permanent Representative of Australia to the UN in Geneva, ‘Other Weapons of Mass Destruction Debate’ United Nations General Assembly First Committee, 23 October 2018.
[5] Statement delivered by Sally Mansfield, Permanent Representative of Australia to the UN in Geneva, ‘Other Weapons of Mass Destruction Debate’ United Nations General Assembly First Committee, 23 October 2018.
[6] Statement delivered by Sally Mansfield, Permanent Representative of Australia to the UN in Geneva, ‘Other Weapons of Mass Destruction Debate’ United Nations General Assembly First Committee, 23 October 2018.
[7] Daryl Kimball, ‘The Outer Space Treaty at a Glance,’ Arms Control Association, updated August 2017, https://www.armscontrol.org/factsheets/outerspace.
[8] Daryl Kimball, ‘The Outer Space Treaty at a Glance,’ Arms Control Association, updated August 2017, https://www.armscontrol.org/factsheets/outerspace.
[9] International Committee of the Red Cross, ‘Space law revisited : The militarization of outer space,’ March 9, 2017, https://medium.com/law-and-policy/space-law-revisited-the-militarization-of-outer-space-d65df7359515.
[10] Daryl Kimball, ‘The Outer Space Treaty at a Glance,’ Arms Control Association, updated August 2017, https://www.armscontrol.org/factsheets/outerspace.
[11] International Committee of the Red Cross, ‘Space law revisited : The militarization of outer space,’ March 9, 2017, https://medium.com/law-and-policy/space-law-revisited-the-militarization-of-outer-space-d65df7359515.
[12]Daryl Kimball, ‘The Outer Space Treaty at a Glance,’ Arms Control Association, updated August 2017, https://www.armscontrol.org/factsheets/outerspace.
[13] International Committee of the Red Cross, ‘Space law revisited : The militarization of outer space,’ March 9, 2017, https://medium.com/law-and-policy/space-law-revisited-the-militarization-of-outer-space-d65df7359515.
