Tag Archives: Outer Space treaty

Everything Moving in Space Is a Weapon? Yes.

Kosmos 2542, a Russian satellite that was launched in November 2019, was “like Russian nesting dolls”. Eleven days after its launch it disgorged another satellite, labelled Kosmos 2543. Then, on July 15th, Kosmos 2543 itself spat out another object, which sped off into the void.  Merely a “small space vehicle” to inspect other satellites, said the Russians. Nonsense, said the Americans; it was a projectile. The intentl.. was to signal Russia’s ability to destroy other nations’ satellites….In January 2020, America complained that Kosmos 2542 and 2543 had tailed a spy satellite in an “unusual and disturbing” way (American satellites have also sidled up to others in the past). 

Anti-satellite weapons are not new. During the cold war, America and the Soviet Union developed several ways to blow up, ram, dazzle and even nuke each other’s satellites. The countries conducted two-dozen anti-satellite tests between them. Ten were “kinetic”, involving a projectile physically striking a target. But new competitors, and new technologies, mean anti-satellite warfare is a hot topic once again. China has conducted ten tests over the past 15 years, including a kinetic one in 2007 that created a great deal of space debris. India conducted its first kinetic test in 2019. America, Russia and China have all manoeuvred their satellites close to others, sometimes provocatively so. New methods of attack are being tested, including lasers and cyber-attacks.

Some satellites, such as America’s GPS constellation, blur the distinction between military and civilian assets. Over the past decade, America’s armed forces have put payloads on three commercial satellites, and plan to pay Japan to host others on its own navigation satellites….Then there is the question of what counts as an attack. Michael Schmitt, a law scholar, and Kieran Tinkler, a professor at the us Naval War College, say it is unclear whether jamming a civilian satellite would violate the general prohibition on attacking civilian objects. Blowing up a military one, meanwhile, might or might not constitute an indiscriminate (and hence illegal) attack, depending on whether it could have been disabled by other means and how much debris was produced.

Perhaps the biggest difference between space war and terrestrial war is how long the consequences can last. Much of the debris from China’s 2007 test, for instance, will still be in space at the turn of the next century. The more debris, the greater the likelihood of accidental collisions with other satellites, which generates more debris in turn. Enough debris could lead to a chain reaction known as Kessler syndrome, which could render entire swathes of near-Earth space unusable for decades…

Space Junk

The Outer Space Treaty of 1967 requires states to consult each other on actions that “would cause potentially harmful interference”, though the rule has rarely been heeded. Most countries accept that, in wartime, a body of existing laws known as international humanitarian law would apply, as on Earth—something America confirmed in its “Spacepower” doctrine, published on August 10, 2020. International humanitarian law is based on principles such as distinction (between combatants and civilians) and proportionality (between civilian harm and military advantage). But how to apply such ideas in a place with few humans is not always obvious.

The Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) is being spearheaded by McGill University, in Montreal, and a separate Woomera Manual by the University of Adelaide. Both hope to publish their documents 2020…

Russia and China would like a formal treaty banning all weapons in space. Both are keen to prevent America from deploying space-based anti-missile systems which might threaten their own nuclear forces. America and its allies resist this. They argue that it is impossible to define a space weapon—anything that manoeuvres in orbit could serve as one—and that it would be easy to cheat. The European Union has instead proposed a voluntary code of conduct. Many non-Western countries would prefer a binding treaty…. Though most are not space powers, many are likely to become so in the future, so their buy-in is important.

Excerpts from Satellite warfare: An arms race is brewing in orbit, Economist, Aug. 15, 2020

Mining the Moon: The First Mover Advantage

The US government is starting to lay down the groundwork for diplomacy on the moon. On 15 May, 2020 NASA administrator Jim Bridenstine released a set of principles that will govern the Artemis Accords on the exploration of the moon. The accords are named after NASA’s Artemis programme, the US initiative to explore the moon, with a planned launch of astronauts to the lunar surface in 2024. Other countries are also increasingly turning towards the moon, which is concerning when a landing on the moon can send up clouds of potentially hazardous dust that travel a long way across the surface and even into orbit…

At the moment, there is little practical international law governing activities on the moon. The Outer Space Treaty of 1967 deals with general space exploration, while the more specific Moon Agreement of 1984 states that “the moon and its natural resources are the common heritage of all mankind”, prohibiting the ownership of any part of the moon or any resources from the moon….However, no nation capable of human space flight has signed the Moon Agreement, effectively rendering it moot. In fact, in April 2020, US president Donald Trump issued an executive order supporting moon mining and taking advantage of the natural resources of space.

The Artemis Accords aim to protect historic locations like the Apollo landing sites but encourage mining in other areas. They also promote transparency and communication between nations, requiring signatories to share their lunar plans, register any spacecraft sent to or around the moon and release scientific data to the public.  That transparency requirement might be a stumbling block for potential parties to the accords, says Forczyk. “I really don’t know how much countries are going to be willing to share some of their more delicate, sensitive information,” she says. “

The rest of the stipulations of the Artemis Accords are about safety: nations will be able to set “safety zones” to protect their activities on the moon, they will have to work to mitigate the effects of debris in orbit around the moon and they will agree to provide emergency assistance to any astronauts in distress.

Rather than attempting to put together an international treaty, which could be difficult to negotiate before NASA’s next crewed launch to the moon, the US will sign bilateral agreements with individual countries.

Excerpts from Leah Crane, NASA’s Artemis Accords aim to lay down the law of the land on the moon, New Scientist, May 20, 2020

If You Control Space, You Control Everything: Space as War Domain

The North Atlantic Treaty Organization (NATO) is looking to classify space as a domain for warfare in an attempt to deter China’s growing military power.  If NATO’s proposal succeeds, the international alliance could move forward with the development and use of space weapons.  According to NATO diplomats, the international organization is preparing to release an agreement that will officially declare space as a war domain. This means that aside from land, air and sea, space could also be used for military operations during times of war.

Although NATO’s partner countries currently own 65% of the satellites in space, China is reportedly preparing to launch a massive project that involves releasing constellations of satellites in low Earth orbit.  China Aerospace Science and Industry Corp (CASIC)  is planning to put in orbit 150 or more Hongyun satellites by 2023. Some of these satellites will provide commercial services like high-speed internet while others would be controlled by the Chinese military. These militarized satellites can be used to coordinate ground forces and to track approaching missiles.

“You can have warfare exclusively in space, but whoever controls space also controls what happens on land, on the sea and in the air,” according to Jamie Shea, a former NATO official. “If you don’t control space, you don’t control the other domains either.”

Excerpts from Inigo Monzon , NATO Prepares For Space Warfare By Militarizing Low Earth Orbit, International Business Times, June 24, 2019

The X-37B Drone: 4th Mission

The unmanned X-37B spacecraft was launched May 20 2015  atop a United Launch Alliance Atlas 5 rocket from Florida’s Cape Canaveral Air Force Station. The liftoff will begin the reusable space plane’s fourth mission, which is known as OTV-4 (short for Orbital Test Vehicle-4).  Most of the X-37B’s payloads and specific activities are classified, so it’s not clear what the space plane will be doing once it leaves Earth. This secrecy has led to some speculation that the vehicle might be some sort of space weapon. Air Force officials have repeatedly rejected that notion, saying that the X-37B flights simply test a variety of new space technologies.

For example, the space plane is carrying a type of ion engine called a Hall thruster on OTV-4, Air Force officials said. This Hall thruster is an advanced version of the one that powered the first three Advanced Extremely High Frequency military communications satellites, the officials added.  NASA is also flying an experiment on OTV-4. The agency’s Materials Exposure and Technology Innovation in Space investigation will see how exposure to the space environment affects nearly 100 different types of materials. The results should aid in the design of future spacecraft, NASA says.

The X-37B looks like a miniature version of NASA’s now-retired space shuttle. The robotic, solar-powered space plane is about 29 feet long by 9.5 feet tall (8.8 by 2.9 meters), with a wingspan of 15 feet (4.6 meters) and a payload bay the size of a pickup-truck bed. Like the space shuttle, the X-37B launches vertically and lands horizontally, on a runway.

Excerpts from Mike Wall, Air Force Gets X-37B Space Plane Ready for Its Next Mystery,  SPACE.COM, May 18, 2015

Militarization of Japan: the Fourth Force

Japan will add a new division to its military or Self-Defense Forces in 2019, to protect equipment in orbit from space debris as well as other attacks, a source familiar with Japan-U.S. relations said, according to a report by the South China Morning Post.

Japan revised a law regarding its non-military activities in space in 2008, allowing the creation of a “space force,” which will initially be responsible for monitoring dangerous debris floating within close vicinity of the Earth, as well as protect satellites from collisions or attacks, according to the report, which added that the U.S. has been informed of the development by the Japanese Defense Ministry. There are around 3,000 fragments of space debris currently at risk of smashing into reconnaissance or communication satellites around the Earth.  Japan will assist the U.S. military with the information it obtains through this program, and looks to strengthen bilateral cooperation in space, or the “fourth battlefield,” the report said.  The “fourth force” will initially use radar and telescope facilities in the Okayama prefecture that the defense ministry acquired from the Japan Space Forum, which also owns the Spaceguard Center radar facility in Kagamino and a telescope facility in Ihara.

Units from Japan’s Air Self-Defense Force are currently being considered by the defense ministry to make up parts of the new space force. And, the Japanese ministries of defense, education, culture, sports, science and technology, along with the Japan Aerospace Exploration Agency, or JAXA, will jointly acquire the radar and telescope facilities from the Japan Space Forum, a Tokyo-based think tank that coordinates aerospace-related activities among government, industry and academia.

Japan and the U.S. have reportedly been working on a space force since 2007, when China tested its satellite destruction capabilities by launching a missile against one of its own satellites and destroyed it.  In May, at a space development cooperation meeting held in Washington, the Japanese and U.S. governments agreed to increase cooperation in using satellites for monitoring space debris, marine surveillance, and to protect one another’s space operations. Japan also pledged to share information acquired by JAXA with the U.S. Strategic Command.

Excerpts from Alroy Menezes, Japan’s ‘Space Force’ To Protect Satellites In Orbit, International Business Times, Aug. 4, 2014

Space Weapons and Space Law

“Policy, law and understanding of the threat to space is lagging behind the reality of what is out there,” warned Mark Roberts, a former Ministry of Defence official who was in charge of government space policy and the UK’s “offensive cyber portfolio”.….

The disabling of satellites would have a disastrous impact on society, knocking out GPS navigation systems and time signals. Banks, telecommunications, power and many infrastructures could fail, Roberts told the conference….Agreements such as the 1967 Outer Space treaty and the 1979 Moon treaty are supposed to control the arms race in space. Some states have signed but not ratified them, said Maria Pozza, research fellow at the Lauterpacht Centre for International Law at Cambridge University.  Existing treaties do not specify where air space ends and outer space begins – although 100km (62 miles) above the Earth is becoming the accepted limit.

The Navstar constellation of satellites was used to provide surveillance of Iraq during the Gulf war in 1991. Was that, asked Pozza, an aggressive use of space, a “force-multiplier”? Satellites may have also been used to photograph and locate al-Qaida bases, Osama bin Laden or even assess future strikes against Syria.

The Chinese government has recently moved to support a 2012 EU code of conduct for space development, which, Pozza said, was a softer law. The draft Prevention of the Placement of Weapons in Outer Space treaty has not yet been agreed. “Are we dismissing the possibility of a hard law or giving it a good chance?” Pozza asked.

The Chinese tested an anti-satellite weapon in 2007 that destroyed a defunct orbiting vehicle and showered debris across near Earth orbits. Other satellites have been jammed by strong radio signals. BBC transmissions to Iran were disrupted during this year’s elections through ground signals ostensibly sent from Syria.

In 2011, hackers gained control of the Terra Eos and Landsat satellites, Roberts said. The orbiting stations were not damaged. “The threat can now be from a laptop in someone’s bedroom,” he added.

Professor Richard Crowther, chief engineer at the UK Space Agency, said scientists were now exploring the possibility of robotic systems that grapple with and bring down disused satellites or laser weapons to clear away debris in orbit.  Both technologies, he pointed out, had a potential dual use as military weapons. 3D printing technologies would, furthermore, allow satellite operators to develop new hardware remotely in space.

The UK is formulating its space security policy, group captain Martin Johnson, deputy head of space policy at the MoD, said. Fylingdales, the Yorkshire monitoring station, has been cooperating for 50 years with the USA to enhance “space awareness” and early warning systems. The UK, Johnson said, was now working with the EU to develop a complementary space monitoring system.

Excerpt, Owen Bowcott, legal affairs correspondent, The Guardian, Sept. 11, 2013