DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, AP, INDIA

SUBJECT – AIR AND SPACE Law

FACULTY – JOGINAIDU SIR

PROJECT TOPIC

CYBER WEAPONASTION IN OUTER SPACE

NAME OF CANDIDATE
ROLL.NO & SEMESTER

SARVARAYUDU AMBATI
2016088
7TH SEMESTER
 ACKNOWLEDGEMENT

The project consumed huge amount of work, research and dedication. Still, implementation
would not have been possible without support of my lecturer. I take this opportunity to
express my profound gratitude and deep regards to my lecturer for his exemplary support,
monitoring and constant encouragement throughout the course of thesis.
 ABSTRACT

TOPIC – CYBER WEAPONASTION IN OUTER SPACE..

DESCRIPTION - Outer space has become vitally important for human security and development.
Peaceful use of space and the military significance of outer space continue to increase. Some 60
countries currently utilize space for peaceful purposes, for communications, banking, monitoring
environmental and climate change, disaster management, E-health, E-learning and surveillance and
guidance systems for military purposes.
The 1967 Outer Space Treaty establishes the basic framework for international space law.
The treaty affirms space as free to all states for exploration and peaceful purposes and
prohibits nuclear weapons or other “weapons of mass destruction” (WMDs) in orbit or on
celestial bodies, or stationed in outer space in any other manner.
However, it does not prohibit the launch through space of ballistic missiles that potentially
have anti-satellite weapon (ASAT) capability or WMD payloads.
The security of space is now of serious concern. It is essential to prohibit the deployment of
weapons in space that could destroy or endanger spacecraft and satellites in space, in the
atmosphere and on earth. It is also essential to prohibit ground-based ASATs.

The three major issues that threaten the security of space for peaceful purposes are
weaponization, space debris and the overcrowding of orbits.

The weaponization of space could lead to an arms race in space and the likelihood of space
warfare. Since the earliest launches of satellites, space has been militarized with satellites
used for command-and-control, early-warning, and guidance systems for weapons. The
withdrawal of the United States from the bilateral Anti-Ballistic Missile Treaty between
Russia and the U.S. has allowed the U.S. to proceed with the development of the Ballistic
Missile Defence System, a stepping stone to space weapons. Further, both China and the
United States have tested ASATs. Space debris, a consequence of global use of space, is
another issue of concern. Billions of small objects circle the planet, endangering spacecraft
and satellites and causing light pollution. The overcrowding of orbits undermines the security
of assets in space by creating the potential for collisions, thus causing tensions between
states.

INTRODUCTION
Outer space has been a national security priority for spacefaring nations since the 1950s.
Governments started space programs for intelligence, military, political, and scientific
purposes and developed counter measures against space-based threats from rivals, such as
anti-satellite capabilities. Countries managed security competition by banning weapons of
mass destruction in space and cooperating on peaceful uses of space.
Accordingly, the weaponization of space has become an issue in these days. Space is an
international body and can be protected through international cooperation. Since the
beginnings of humanity’s venture into space, the international community has made attempts
to define and regulate the placement and use of weapons there, with only limited success.
This article discusses the international interest in controlling the weaponization of space and
prior attempts to define and regulate it.1 It then offers an approach to better achieve the
international cooperation needed to meet global concerns over space weapons.
Internationally, for many years, it has been agreed that space should be used for peaceful
purposes and for the benefit of all humanity. Examples of uses and benefits include climate
monitoring, search and rescue assistance, help in the detection of possible natural disasters,
coordination of efforts to detect and treat space debris problems and minimize harmful
impacts on Earth, research in science, health, etc1.
The United Nations (U.N.) Treaty on Outer Space provides the basic framework of
international space law and says that space must be reserved for peaceful uses. It entered into
force in October 1967. As summarized on the website of the United States Office for Outer
Space Affairs, the treaty includes the following principles:
 The exploration and use of outer space will be carried out for the benefit and interest
of all countries and will be the province of all humanity outer space will be free for
exploration and use by all States
 Outer space is not subject to national appropriation by claim of sovereignty, by use or
occupation, or by any other means.
 States shall not place nuclear weapons or other weapons of mass destruction in orbit
or on celestial bodies or place them in outer space in any other way.
 The Moon and other celestial bodies will be used exclusively for peaceful purposes.
 The astronauts will be considered as the envoys of humanity.
 States will be responsible for national space activities, whether carried out by
governmental or non-governmental activities.

1 Legal Aspects of Maintaining Outer Space for Peaceful Purposes - Prohibition of

Weaponization of Outer Space - Lakeshanan, R.
  The States will be responsible for the damages caused by their space objects - Y States
will avoid the harmful contamination of space and celestial bodies. Towards the end
of 2000, the General Assembly of the United Nations voted on a resolution called
Prevention of an arms race in outer space. It was approved by a recorded vote of 163
in favour, none against and 3 abstentions. The three that abstained were the Federated
States of Micronesia, Israel and the United States of America.

Developing countries view in regard of Cyber weaponization in Outer space

The developing countries does not have present space-military capability are deeply
concerned with arms control in outer space. Their concern is legitimate and natural. They are
quite conscious that their conscious that their all-consuming passion, i.e. development and
raising the standard of living of their vast masses can be realised only if huge amounts of
money and resources are diverted from military uses to the development needs of their
countries.
The inter-relation between development and arms control become all the more poignant not
only because of disproportionate amounts involved in acquiring space-military capability, and
the imminence of development which the Third World countries so ardently, cherish but also
because of tremendous possibilities of the use of space arms control mechanisms for direct
development purposes. Secondly, war (nuclear war) is not a divisible phenomenon, a nuclear
war anywhere is bound to affect everyone everywhere. Thirdly, disarmament of control of
armaments in outer space is not an exercise to be confined only to the two superpowers which
have space-military capability. It is the cooperation of all states which alone can make arms
control in space meaningful.

The Hunter – killer Satellites2

In 1980 the Soviet intervention in Afghanistan and the disappearance of the SALT II treaty
into unratified limbo, Soviet ASAT tests were resumed with the launch of COSMOS 1171.
The soviet union by 1971 had demonstrated a clear capacity to intercept, inspect and destroy
a satellite by a controlled explosion near the target. All these target satellites and hunter
killers were launched by the soviet with orbital inclinations of around 62degrees. There were
also not capable of reaching higher than 1250miles. The American satellites, by large orbit in
quite differential orbital planes and most communications and early-warning satellites operate
as much as higher altitude
2 Recent trends in international Space law policy – V.S. Mani
The international community has a great interest in maintaining the space as a peaceful arena
and a safe place to carry out international activities. This has been recognized in treaties and
policy statements that involve almost all countries with an interest in space. The Treaty on the
Principles Governing the Activities of States in the Exploration and Use of Outer Space,
Including the Moon and Other Celestial Bodies (the Outer Space Treaty) "The Exploration
and Use of Outer Space, Including the Moon and Others" celestial bodies, will "be carried out
for the benefit and interest of all countries, regardless of their degree of economic or
scientific development, and will be the province of all mankind."
The peaceful side of military power also depends on space. Self-defence against military
accumulation, invasion or missile attack is reinforced by surveillance from space. Such
visibility of aggressive military actions can be a deterrent against aggression by giving the
target nations time to react and verify their concerns in international discussions. Finally, the
orderly regulation of space weapons can help avoid an expensive and potentially devastating
arms race. Space, after all, is a congested and disputed domain. If we do not establish order
there, the struggle for the availability of limited assets can make it a cause of conflicts related
to the Earth. For these and other reasons, the international community has been trying to
regulate the use of space, and specifically to define and regulate the use of weapons in space.

Treaties and Proposals

The Outer Space Treaty
In August 83, The Soviet Union presented a new proposal to the UN General Assembly
containing a draft treaty on the prohibition of the use of force in outer space and
from space against earth. In 1984 the Soviet Union submitted yet another proposal to
use outer space exclusively for peaceful purposes for the benefit of mankind. the world is
awaiting to see the outcome of any bilateral negotiations between the two Super Powers on
prevention of an arms race in outer space as requested by the UN General Assembly by its
Resolution.
In 1966, efforts began in the United Nations (UN) to establish an agreement to regulate
activity in space resulting in the Outer Space Treaty being signed in 1967. Relevant
provisions included the overarching interest stated in Article I that the use of outer space
shall be for the benefit and use of all countries; Article III that activities shall be carried out
in accordance with international law Article IV that no nuclear weapons or weapons of mass
destruction shall be placed in orbit around the Earth or placed on any celestial body and
Articles VI and VII that responsibility and liability shall be placed for damage caused by an
object launched or by its components on Earth.
This treaty laid the foundation for international cooperation and further treaties between
states. However, the ban on weapons in space was limited to nuclear and other weapons of
mass destruction as these types of weapons were of most concern during the Cold War era
when the treaty was created. This treaty only addressed weapons that were “placed in orbit”
or on a3
celestial body, and liability was not clearly spelled out. A relevant treaty addressing liabilities
for damages caused in space is the Convention on International Liability for Damage Caused
by Space Objects.

Chinese and Russian Proposal

In February 2008, China and Russia jointly submitted to the UN Conference on Disarmament
a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or
Use of Force against Outer Space Objects (PPWT). This proposal attempted to define and
prohibit the proliferation of weapons in space and provided definitions of prohibited
weapons. The PPWT defines a weapon in outer space as “any device placed in outer space,
based on any physical principle, which has been specially produced or converted to destroy,
damage or disrupt the normal functioning of objects in outer space, on the Earth or in the
Earth’s atmosphere, or to eliminate a population or components of the biosphere which are
important to human existence or inflict damage on them.” The United States rejected the
PPWT in 2008, but both China and Russia continue to propose this treaty.

UN Resolution
The Prevention of an Arms Race in Outer Space (PAROS) is a UN resolution seeking a ban
on the weaponization of space. It was originally proposed in the 1980s from an ad hoc
committee of the Conference on Disarmament. The proposal was reintroduced in recent years
and is voted on annually, with the United States being the only country to oppose it.

European Union Policy Proposal

3 Defining and Regulating the Weaponization of Space By David C. DE Frieze

In 2008 the European Union proposed a “Space Code of Conduct,” a voluntary set of rules
regarding matters such as space debris and operation of crafts or satellites in space. It was
rejected by most significant space nations including the United States, China, Russia, and
India. The international community has rejected all three of these proposals in one form or
another. Specific reasons are difficult to assess since security and political issues cloud the
true intent. However, it is conjectured that concerns lie in the unknown aspects of space and
the desire of countries not to unduly limit themselves on future access, especially considering
emerging technologies and defensive needs. Specific definitions of what physical properties
or specific functions an object in outer space contains would be too specific considering all
the potential technological developments that might arise.

Regulating Interests and Behaviors

The attempts to outlaw certain types of Technology in space are not without value. As
identified above, the original Treaty on outer space prohibits the placement of nuclear
weapons and of mass destruction in space. Like certain US gun control laws. The
reasonableness of these prohibitions lies in balancing the potential damage with the peaceful
purposes that these objects can cause. While it can be argued that these objects are placed in
space for "deterrence or defense," any aggressive use would create massive destruction or
loss of life, and there would be no time to mitigate or stop the damage.

However, as noted above, beyond the massively destructive technologies, the best approach
to control space optimization is to regulate and punish behavior. The Outer Space Treaty
initiated this approach by making States responsible for damages caused by an object
launched. This concept was further developed in the Convention. International responsibility
for damages caused by space. Under that treaty, the term "injury" means loss of life, personal
injury or other deterioration of health; or loss or damage to the property of States or
individuals, natural or legal, or property of international intergovernmental organizations. "
This treaty does well to expose the responsibilities of the signatory states: they are absolutely
responsible for the damage caused by the surface of the earth or to the aircraft, and
responsible for other damages only if it is due to a fault. However, it also exonerates a party if
the damage is due to "gross negligence or an act or omission made with intent to cause harm
by the claimant State or the natural or legal persons it represents". This provision presumably
addresses the defensive actions taken to counteract the aggression4.

4 “Outer Space and Cyber Space: War or Peace” - Remarks for Canadian Pugwash Group Conference
The World Trade Organization (WTO) currently serves similar functions relating to
international trade. The WTO got its start in 1945 after World War II attempt to reduce the
tariffs and nationalist/protectionist practices that had permeated the international community
since the Great Depression. WTO functions include:

 facilitating negotiations between nations for development and enhancement of

international agreements

 implementing and monitoring through ensuring visibility, compliance with

regulations, and periodic reviews of policies and practices

 settling disputes as well as interpreting terms and responsibilities of agreements

 building capacity, that is, assisting developing countries with technology, disputes,
establishing standards, and increasing their opportunities in the industry.

A similar international organization with expertise and credibility in outer space issues could
serve a similar role and go a long way toward helping regulate
the behaviour of states and nonstate actors in space. The most logical organization
to take on this mission is the UN, with a standing committee under the Convention on
Disarmament, driven by the legal subcommittee of the UN Committee on Peaceful Uses of
Outer Space.

CONCLUSION
Canada’s Contribution to Global Security Halifax,
Nations have took long time to identify and deter the weaponization of space. the concerns
over weaponization involve the potentially destructive nature of space weapons.
It is impossible to define what constitutes a space weapon, and controlling an arms race based
on definitions of what constitutes a weapon is doomed
to failure with the exception of those weapons clearly posing a substantial
risk to humanity, such as nuclear and other weapons of mass destruction. For all other
concerns, we should attempt to regulate and control the destructive behaviour of nations
rather than attempting to limit their technology. It is how they use their technology that
matters. We will never completely prevent countries from engaging in war. However, we can
provide peaceful dispute methodologies to prevent escalation of such conflicts and provide
deterrence against aggressive or irresponsible behaviour.

Current international agreements do not offer an enforceable means of addressing claims for
destructive activity , for while there is a forum for adjudication , participation and
enforcement continue to rely heavily on diplomacy. A standing committee is needed to
provide a credible, knowledgeable, and equitable forum for regulating, monitoring, and
adjudicating claims and disputes relating to the damage caused by objects launched into
space, whether they are designed for destruction or not. A logical place for this committee
would be the United Nations. As current deterrence and enforcement of adjudicated claims
currently rest solely in diplomatic, or in extreme cases military , channels, a third option is
needed such as using the current economic deterrence and enforcement capability of the
World Trade Organization to address and collect on unresolved adjudicated state liabilities.