Space Operations
Space Operations
Space Operations
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operations. In addition, the US does not have the capability to perform multiple<br />
launches in rapid succession, or make rapid changes to a planned launch’s payload.<br />
Today, spacelift requirements need to be identified years ahead of operational need.<br />
Furthermore, military planners are limited to on-orbit assets when responding to<br />
contingencies.<br />
In the future, the Air Force may field a robust “launch-on-demand” spacelift<br />
infrastructure, the ability to place a satellite on orbit within days or even hours of being<br />
requested. Combined with operationally responsive satellites, military planners will<br />
have more flexibility to meet joint warfighter requirements.<br />
LEGAL ISSUES<br />
The laws applicable to space operations flow mainly from four treaties. Additionally,<br />
general principles of international law, including those embodied in the United Nations<br />
Charter and law of armed conflict, apply to the conduct of space operations. There are<br />
also several arms control agreements impacting military space activities. Domestically,<br />
we must consider the impact of US laws and policies on our space activities. While the<br />
space legal regime imposes a few significant constraints, the bulk of this regime<br />
provides a great deal of flexibility for military operations in space.<br />
The Outer <strong>Space</strong> Treaty. The 1967 Treaty on Principles Governing the Activities of<br />
States in the Exploration and Use of Outer <strong>Space</strong>, Including the Moon and Other<br />
Celestial Bodies, more familiarly known as the Outer <strong>Space</strong> Treaty (OST),<br />
establishes the fundamental precepts governing outer space operations. The OST<br />
establishes several important principles:<br />
The Freedom Principle. Article I of the OST establishes that outer space<br />
“shall be free for exploration and use by all States without discrimination of<br />
any kind….” An important aspect of this principle is that satellites may freely<br />
operate in space, including over other nations, without the same sovereignty<br />
concerns applicable to territorial airspace relating to the overflight of aircraft.<br />
The Non-Appropriation Principle. Article II of the OST provides that outer<br />
space is “not subject to national appropriation by claim of sovereignty, by<br />
means of use or occupation, or by any other means.”<br />
The Applicability of International Law. Article III clarifies that international<br />
law applies to activities in outer space. The right of self-defense, as<br />
recognized in the United Nations Charter and more fundamentally in<br />
customary international law, applies in outer space. Also, law of war precepts<br />
such as necessity, distinction and proportionality will apply to any military<br />
activity in outer space.<br />
Weapons in <strong>Space</strong>. Article IV prohibits placing nuclear weapons or other<br />
weapons of mass destruction in orbit around the earth, installing them on the<br />
Moon or any other celestial body, or otherwise stationing them in outer space.<br />
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