Increasing militarization of space and normative responses

Abstract

It is becoming abundantly clear that the militarization of space is occurring. New capabilities and weapons systems are being developed that will apply to Outer Space operations. Military doctrine is simultaneously being developed that will shape the manner in which such military operations will occur. Despite these developments, there is no clarity regarding how and in what manner International Law might apply in those attenuated circumstances to constrain and regulate any developing tension, hostilities or even outright armed conflict. The global community is currently in a precarious place regarding this emerging reality, and it is time that full attention is developed to understanding a normative framework that will inform international decision-making in this realm. This chapter will examine the growing phenomenon of the increasing use of space for military activity and will canvass how International Law may apply to condition behaviour. It will also provide a brief review of informal lawmaking processes that are underway to influence thinking in this area. Such informal lawmaking is principally manifested in the development of an international Manual headed by McGill University and the University of Adelaide to bring together International Government, Military and Humanitarian legal experts to develop a framework on International Law Applicable to Military Uses of Outer Space. Such a Manual will take its place alongside with others that have been developed in associated theatres of military legal endeavour (naval war, air and missile war and cyber war) and will hopefully shape and condition thinking and decision-making in this emerging and critical field of military operations.