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Is Current International Humanitarian Law Sufficient to Reg Is Current International Humanitarian Law Sufficient to Reg

Is Current International Humanitarian Law Sufficient to Reg - PowerPoint Presentation

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Is Current International Humanitarian Law Sufficient to Reg - PPT Presentation

Ben BaseleyWalker Legal and Policy Advisor Secure World Foundation bbwswfoundorg 12022552153 Overview International Law 101 Foundations Jus ad bellum jus in bello General Principles ID: 309010

jus space law international space jus international law principles bello conflict military key nuclear weapons earth bellum relevant armed

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Slide1

Is Current International Humanitarian Law Sufficient to Regulate a Potential Conflict in Outer Space?

Ben Baseley-Walker,

Legal and Policy Advisor, Secure World Foundation

bbw@swfound.org

+1-202-255-2153Slide2

Overview

International Law 101

Foundations

Jus ad bellum/ jus in

bello

General Principles

The Application to Space

ConclusionsSlide3

International Law 101

Treaties

Legally binding

Consent to be bound

Customary International Law

2 conditions :Opinio Juris (belief that something is a law);Widespread State PracticeSoft LawGuidelines etc. Evidence for CustomConcept of Enforcement in International lawEnforcement is not a central part of the international legal regimeNot because the law is weak but because the concept doesn’t really work given the nature of the fieldLess conventional ‘sticks’

3Slide4

Foundations

No concept of war in space

no treaties establishing specific jus in

bello

principles for space combat

No specific ‘territorial’ limitation to the application of the jus in bello principles. The laws and customs of war apply both to the area where the hostilities actually take place, as well as the broader areas that are in some way affected by the hostilitiesSpace is militarized, is it weaponised?

Slide5

Jus ad Bellum

Jus ad bellum – transition from peace to war

UNC Art. 2(4) (refrain from threat or use of force), 51 (recognizing inherent right of self-defense – individual or collective

Questions that arise

What is use of force?

Note UNC Art. 42 and 51 – exceptionsnuclear weapons advisory opinion  use of force = use of weapons What is territorial integrity?Oil Platforms Case – is court interpreting armed attack as having to be against the territory?

If so, problem in space as space objects are technically outside the territory of any StateSlide6

Jus in Bello

Jus in bello

Law of armed conflict, international humanitarian law

Human rights tied to jus in bello through ICJ cases

1996 advisory opinion on use of nuclear weapons

Noting that the threat or use of a nuclear weapon should comply with the requirements of international law relating to armed conflict, particularly the principles of international humanitarian lawSlide7

Key IHL Principles

Generally five principles

Necessity – only military objective targeted

Distinction – combatants and non-combatants, those things protected and those that are not

Proportionality – subset of distinction – incidental and collateral damage, the effective military contribution, is not grossly disproportionate to the civilian casualty

Humanity – does this apply in the indirect form?Chivalry - no perfidious action leading to a reliance on IHL.Slide8

Principles in Relations to Space

Necessity

Earth and ground concerns

How to balance the military worth of Earth vs. space

Distinction

Is this also relevant to space assets given the limited number of humans is space?Proportionality Can we quantify the value and magnitude of the role of space resources in human activity?Humanity – requires dignity of human beingsRelevant indirectly?Chivalry - is it relevant to the space environment?

SSA?Slide9

Key impact break-down

The impact to the space environment

E.g. space debris

The impact of the loss of space resources on Earth based population

Not only direct but indirect effects central to understanding potential space conflictSlide10

Conclusions

Crucial to begin academic and political thinking process on this issue

Through discussion, legitimacy?

Importance of legal parameters, should the global community find itself in a space conflict situation

Key to bear in mind that space is truly global environment with profound national security implications

As a result, importance to approach such a question from a multilateral standpoint.Slide11

Recommendations for Further Work

Key conclusions:

Need for definitions

what is proportional is space?

Are there established codes of behavior that have been developed at this point?

How military is a dual use object?Commercial satellites transmitting military communications signalsHow much can the loss of space capabilities affect a populace?Slide12

Many Thanksbbw@swfound.org