Arms Control Implications for Military Operations in Space

Abstract

Abstract : International treaties and agreements frequently have a limiting effect on U.S. military flexibility. The constraints imposed by arms control agreements are often misunderstood and subject to interpretation, particularly in connection with military operations in space. There is a prevailing misconception, even with the defense community, that existing agreements and international law prohibit the U.S. from fully exercising its ability to control and exploit the space medium. Current and future limitations on U.S. military operations in space are of particular concern because the capability to defend national interests, deter acquisition, and shape the behavior of state and non-state actors will increasingly be dependent upon this country's preeminent position as a global space power. The purpose of this paper is twofold: first, to identify specific U.S. obligations and opportunities for military operations in space, within the framework of international law and current arms control agreements; second, to propose rationale supporting maximum flexibility for military operations in space, to be considered by U.S. policy makers before engaging in any new space arms control negotiations. The research includes relevant background information on the nature of arms control, space law and policy, military activities in space, the geopolitical environment, and the status of space arms control discussions in the United Nations. The U.S. is far more dependent on its capabilities in space than any other country and therefore, has the most to lose from international restrictions on space activities. Generally, there are few existing arms control or other legal prohibitions on military operations in space. However, challenges to U.S. military dominance in space will continue to grow from states and organizations seeking to level the playing field.