The Relationship between Space Law and International Humanitarian Law

Abstract

There is an important relationship between International Humanitarian Law (IHL) and Space Law, one old and one comparatively new branch of International Law. Considering that wars in space are more likely to take place with the beginning of the space age and technological development, it is obvious that space law alone will not be sufficient. It is now an important necessity to determine the rules of law to be applied in case of a war in which space is either directly or indirectly included as it is currently not possible to provide space security nor disarmament by the outer space law. The non-recognition of the Moon Treaty, a part of space law, and non-compliance with its provisions by major space powers increase the possibility of war in space and this shows the urgency and importance to determine rules for space wars/military space operations. In this context, how possible application of IHL, rules to be applied in war, in military space operations would shape the relationship between IHL and space law should not be left unresolved. The aim of this study is to determine which law is superior and to be applied, by discussing the applicability of IHL in military space operations and looking at the very nature of the relationship between IHL and space law under international law. This study examines the development processes and problems of these two law branches and presents the necessity of applying IHL in military space operations and that IHL is more comprehensive in comparison to space law.