Lex Specialis for Space Crimes

Abstract

ABSTRACT Anne McClain, an accomplished American astronaut, was sent to the ISS for six months. While stationed there, she accessed the bank account of her estranged spouse making use of the official and privileged computer network of the ISS and NASA. The spouse has alleged unauthorised access to personal financial data as an act of personal impropriety and invasion of privacy. The matter was reported to the authorities for investigation. Media has splashed this as first case of alleged criminal wrongdoing committed in and from outer space. This particular case seems rather simple because complainant and respondent, both are US citizens as also the act has been committed in the US quarters of ISS which is the notional territory of the US. So, there is no conflict of law or jurisdiction. However, it flags many legal issues relating to crimes in outer space that may require discussion and settlement. In the future, with the advent of space tourism, commercial exploitation of celestial resources, planetary settlements, etc., far more serious and complicated crimes may be committed. And multi-nationality scenario with involvement of more than one state, private corporations and individuals may pose a lot of imponderables and uncertainties under existing space law, international law as also germane national laws. Major problems would relate to jurisdictional issues, extradition conflicts, procedural hassles or uncertainty in applicable legal code. Hence, there is need to negotiate a specialis treaty that may facilitate handling of legal and juridical specificities of crimes in space and also establish an International Court of Space Crimes for dispensing justice in disputed or delayed matters.