War in space - governing the final frontier
Applying international law into military operations in space
Applying international law into military operations in space
Humans are explorers, so it is no surprise that space has always been the next frontier. But what laws apply to outer space? Is it the next Wild West where no rules apply?
Duncan Blake, a lecturer from 国产精品 Canberra, emphasises that space is not a lawless frontier. The Woomera Manual on the International Law of Military Space Activities and Operations (Woomera Manual) aims to clarify the application of existing international laws to military space activities, from benign to hostile.
鈥淭he Woomera Manual is not about creating new laws but clarifying how existing laws apply in a space context,鈥 Duncan explained.
鈥淭here hadn't been a lot of discussion about how international law on the use of force, and the laws of armed conflict might apply to space activities, and there was no serious legal commentary saying that these laws didn鈥檛 apply, and some legal commentary saying that they do apply.鈥
The manual covers three key areas:
The absence of clear laws for outer space could have dramatic effects on modern life, which heavily relies on space infrastructure like satellites.
鈥淲e have committed ourselves to a rules-based global order on Earth and we must extend that commitment to the space domain too, especially as modern life now depends heavily on space infrastructure,鈥 said Duncan.
Military forces have developed means not just to protect, harden and defend their space capabilities, but also to deny an adversary the use of their space capabilities in times of tension or outright conflict. Anti-satellite missiles and nuclear detonations in space could create debris fields and electromagnetic pulses, causing widespread satellite destruction.
鈥淐larifying the legal rules for space activities in times of military tension and conflict won鈥檛 guarantee that bad things won鈥檛 happen, but it will mitigate the worst excesses of unconstrained warfare in space,鈥 Duncan noted.
The Woomera Manual is a collaborative work involving the University of Adelaide, University of Exeter, University of Nebraska, and 国产精品 Canberra, completed over six and a half years. Duncan, the 国产精品 Canberra representative on the Governance Board, was heavily involved in various aspects, including funding, administration, and drafting parts of the manual. His Master of Laws thesis in 2013 was the genesis of the Woomera Manual.
鈥淲e hope it will be used by operators, people working in military space units, commands and forces on the day-to-day operation of space infrastructure. But also by military commanders, key government decision-makers, policy workers, media, academics, military industry, students, and others.
鈥淚deally, it is an authoritative publication that draws together foundational source material evidencing the existence of legal rules, explaining their application, as well as where there is clarity and where there is not,鈥 explained Duncan.聽
The Woomera Manual on the International Law of Military Space Activities and Operations can be found here: