Weapons Reviews for ASATs: Assessing Distinction, Proportionality, and Effects on the Natural Environment of Space

Abstract

Kinetic anti-satellite (ASAT) weapons are increasingly being developed and tested in the twentyfirst century. A Chinese ground-to-space missile test in 2007 hastened a new form of ‘space race’ involving other superpowers kinetically destroying their own satellites: in 2008, the USA; in 2019, India; and in 2021, Russia. These tests created large amounts of space debris. Some of this is still orbiting the Earth, some has already collided with other satellites, and some will probably do so in the future. International humanitarian law (IHL) imposes obligations on states to consider whether using newly developed, acquired, or adopted weapons is (or would be) consistent with IHL. This article evaluates whether ASAT tests conducted in peacetime are legitimate in terms of IHL peacetime obligations, and whether kinetic attacks on satellites during armed conflict would also conform with IHL obligations, especially the preservation of the natural environment.