The Incremental Militarization of Outer Space: A Threshold Analysis

Abstract

The overarching theme of this article is not to revisit existing debates surrounding the application of jus ad bellum or jus in bello parameters to the “peculiarities” of outer space. Rather, this article examines the major treaties that regulate a States’ military activities in outer space (including, for example, the Outer Space Treaty, Limited Test Ban Treaty, Liability Convention and, PPWT), alongside Charter norms, such as Article 2(4)of the UN Charter, to pinpoint the threshold of breach, violation and incremental militarization of outer space. With respect to the PPWT, it is important to note at this juncture that it remains a “proposal”, and at best, lex ferenda. A natural consequence from this analysis will be to underscore the extent to which “toleration” of such violations by States, and the international community as a whole, has resulted in the incremental militarization of space.