Abstract
The need for a comprehensive legislative framework to govern the behaviour of state actors in this area has become more and more urgent, given that space will continue to be used for defence purposes. This Master's mini thesis looks at an intricate link between space law and international humanitarian law, with a particular focus on the regulation of military activities in outer space.
This study begins by tracing the history and technological developments of space exploration, including their evolution into militarized space. By analyzing the Outer Space Treaty and the Moon Agreement, it draws attention to current legal frameworks concerning activities in outer space. The integration of international humanitarian law in a regulatory paradigm for space activities is an important part of this research. The dissertation analyses the principles and rules of international humanitarian law to determine their applicability and adaptability to the unique challenges arising from military operations in outer space. Issues relating to distinction such as indiscriminate attacks, proportionality, precautions in attack and choice of weapons use shall be given particular attention. The study also looks at how the International Committee of the Red Cross and the United Nations Committee for the Peaceful Use of Outer Space have their role to play in militarisation. It assesses the mandate, contributions, and limitations of these organisations.
The dissertation provides recommendations to enhance the synergy of space law and international humanitarian law, to create a robust framework for regulating conduct which promotes ethical behaviour in external space. This research aims at contributing to the development of a holistic and forward-looking approach towards military use of space that protects peace, security or humanitarian principles in this area which is being contested with increasing intensity by providing an insight on legislative gaps and ambiguities. This study evaluates relevant academic literature regarding the consequences of the militarisation of space on humanitarian issues. The research methodology involves conducting a thorough analysis of pertinent treaties, international conventions, and legal literature pertaining to space law and IHL through documentary analysis.