A giant leap for humankind: bridging space law and international humanitarian law*

Abstract

As more parties have started to recognize the military potential of outer space, the idea of an armed conflict in outer space has become more than a theoretical possibility. Several states have conducted tests with anti-satellite weapons, NATO has officially recognized space as a military domain, and several states have started to develop specific military space capabilities. Such developments have also highlighted the consideration for a relevant legal framework for the conduct of hostilities in outer space. As a starting point, the conduct of hostilities would be governed by international humanitarian law concerning the substantive actions of parties when engaged in armed conflict. However, the specific location of these hostilities also leads to the relevance of space law, consisting of the particular obligations states have agreed upon for all conduct in outer space. Relying upon these two bodies of law, this article explores how international law might govern many of these activities. In doing so, this article aims to challenge the traditionally advanced lex specialis argument. It does so by arguing that, unlike what is typically assumed, space law does not necessarily present a conflict with international humanitarian law. Progressing from this central thesis, it advances the notion that this relationship might be best considered through systematic integration. Ultimately, it is argued that only in this way can the specific nature of the space domain be offered the required legal protection.