Applying the jus in bello to military uses of outer space : a square peg in a round hole ?
Private law, public law, metalaw and public policy in space : a liber amicorum in honor of Ernst Fasan
Cham : Springer, 2016
The development of satellite technology to enhance the exploration and use of outer space has continued at a rapid rate ever since the space age began in 1957. Satellites play a vital part of many aspects of daily life, and also with respect to the conduct of armed conflict. Most military leaders regard space-related technology as an integral element of their strategic battle platform. This reflects the changing technological nature of armed conflict, which challenges many aspects of international law, including the regulation of warfare. This is particularly the case with respect to the use of satellite technology. Moreover, the continuing development of this technology challenges the core of the ‘peaceful purposes’ doctrine that underpins the international regulation of outer space. This chapter discusses the application of the United Nations Space Treaties and the laws of war to the use of outer space during armed conflict, and offers some reflections as to what is required to properly address the issue.