International Law of War in Space Domain

1. Law of War in the Space Domain Lt Col Jimmy Gutzman Chief, Space Law

2. Luch Intelsat Interaction 2015 • Jun-Sep 2015: Russia operates a suspected military satellite, • Luch, in close proximity to two privately-owned and U.S. registered Intelsat satellites in GEO (Intelsat 7 & Intelsat 901) • No Russian satellites in vicinity • Intelsat provides services to DoD • Moved within ten kilometers of an Intelsat satellite 2015-Present: No Russian explanation of behavior

3. Overview • What means may a nation lawfully employ to respond to threats and defeat attacks on its space systems? • International Space Law • Law of War • Standing/Supplemental Rules of Engagement

4. International Law BasicsSources of International Law International Agreements (Treaties) Customary International Law

5. Major Space Treaties

6. Key Principles from Outer Space Treaty I. Freedom to Use and Explore

7. Key Principles from Outer Space Treaty II. Non-Appropriation Use v. Appropriation

8. Key Principles from Outer Space Treaty III. International Law and UN Charter apply to space • General Principles of International Law fill the gaps • Things not prohibited are generally permitted • Prohibition on threat or use of force -- UN Charter article 2(4) • Right to use force in self defense – custom and UN Charter article 51 • LOAC

9. Key Principles from Outer Space Treaty IV. Weapons in Space • State Parties undertake not to place in orbit any objects carrying nuclear weapons or other kinds of WMD • The Moon and other celestial bodies shall be used exclusively for peaceful purposes • Chinese-Russian Treaty Proposal - PPWT

10. Law of War “Law of War” is the international law that regulates the resort to armed force (jus ad bellum) and the conduct of hostilities (jus in bello) between states

11. Law of War – jus ad bellum Spectrum of Conflict Under General International Law (U.S. interpretation – No gap between Use of Force and Armed Attack)

12. Law of War – jus ad bellum Spectrum of Conflict Under General International Law (Nicaragua interpretation – Gap between Use of Force and Armed Attack)

13. Law of War – jus ad bellum • UN Charter Article 2(4) prohibits the threat or use of force • UN Charter Article 51 permits the use of force in national self-defense against an “armed attack” Self-defense, actual attack Anticipatory self-defense, imminent threat Preemptive self-defense, threat not yet imminent

14. Standing Rules of Engagement (SROE) ROE are directives issued by competent military authority that delineate the circumstances and limitations under which US forces will initiate and/or continue combat engagement with other forces encountered JP 1-02 The purpose of the SROE is to provide implementation guidance on the application of force for mission accomplishment and the exercise of self-defense CJCSI 3121.01B, SROE, Enclosure A, para 1(a)

15. SUP ROE: 0XX SUPPLEMENTAL ZERO ZEROZERO (OOO). CDRUSINDOPACOM, IN COORDINATION WITH CDRUSSTRATCOM, MAY AUTHORIZE DESTRUCTIVE ACTS AGAINST TERRESTRIAL C2 OF XXX ON-ORBIT SPACE ASSETS THAT HAVE COMMMITTED A HOSTILE ACT OR DEMONSTRATED A HOSTILE INTENT

16. Luch/Intelsat • What can/should the U.S. do?

17. Questions?