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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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