Protecting the Space Network and the Future of Self-Defense

Abstract

The inherent right of self-defense is critical in protecting the United States (U.S.) space network from growing threats. The scope of this right is frequently questioned, and as applied to the space network, raises several questions. To what extent does the right of self-defense extend outside U.S. territory? Is it permissible under this right to defend non-U.S. registered space assets? What is the standard for establishing an “armed attack” in space? Is the intent of the attackers or the scope of the attack relevant in exercising this right in space? In a 2003 case from the International Court of Justice, the Case Concerning Oil Platforms, many of these questions were addressed, not in the context of a space war, but in the context of a factually analogous conflict, the Tanker War of the 1980s. The Oil Platforms case may be a harbinger for an international shift in the interpretation of the inherent right of self-defense in such a manner as to severely limit U.S. military options in response to an attack on it space systems. This is a shift the U.S. must be prepared to counter.