International Law and Military Activities in Outer Space

Recorded March 23, 2015

Although some may consider the two to be at odds with each other, international law has a direct impact on military activities in both peacetime and during conflict. International law defines what constitutes an armed attack, the right to national self-defense, and the limits on use of force during an armed conflict consistent with the Geneva Conventions.

Over the last several decades, legal scholars and military practitioners have clarified the rules of international law applicable to military activities in several domains. This includes the Harvard Manual on International Law Applicable to Air and Missile Warfare, and most recently the Tallinn Manual on the International Law Applicable to Cyber Warfare. However, to date there has not been any significant attempts to clarify how international law applies to military activities in space. 

The panel discussion provided an overview of international law as it applies to military activities, and examples of how it has been clarified in certain domains, such as air and cyber, or for certain types of weapons, such as autonomous systems. It also examined the current status of international law as applied to military activities in the space domain, and potential benefits of further clarifying the existing norms and interpretations.

Speakers:

Wing Commander Duncan Blake, Royal Australian Air Force

Mr. Gary Brown, Head of Communications, Washington Delegation, International Committee of the Red Cross

Dr. Cassandra Steer, Executive Director, Centre of Research in Air and Space Law, McGill University

Dr. Peter Hays, Adjunct Professor, George Washington University

Moderator: Mr. Brian Weeden, Technical Advisor, Secure World Foundation