The Applicability of the Jus in Bello Rules of International Humanitarian Law to the Use of Outer Space

Abstract

The Outer Space Treaty confirms that the principles of international law apply to the use and exploration of outer space. Given the development of technology, outer space is more frequently being used during the course of armed conflict, particularly through the use of sophisticated satellite technology, notwithstanding the ‘peaceful purposes’ provisions of that Treaty. Not only does this give rise to international law issues relating to the use of force, but it also requires an understanding of how and to what extent the international law principles of jus in bello – international humanitarian law – also apply to the conduct of these outer space activities. This paper examines a number of specific aspects of the jus in bello principles as they relate to the use of outer space. Although international humanitarian law does apply to activities in outer space, the principles may not be specific enough to provide appropriate regulation for the increasingly diverse ways in which outer space could be used during the course of armed conflict. There is therefore a growing need to reach a consensus on additional space law regulation directly applicable to the conduct of armed conflict which may involve the use of space technology.