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In addition, this rule in Article IV of the Outer Space Treaty does not establish anyprohibitions with respect to weapons that are not weapons of mass destruction (e.g., anti-satellitelaser weapons or other conventional weapons). 16114.10.3.2 Restrictions on Military Activities on the Moon and Other CelestialBodies. Article IV of the Outer Space Treaty places certain prohibitions on military activities onthe moon and other celestial bodies: (1) the establishment of military bases, installations, andfortifications; and (2) the testing of any type of weapons; and (3) the conduct of militarymaneuvers. 162These activities are prohibited only on the moon and other celestial bodies, not in outerspace itself.Article IV also recognizes the unimpeded right to: (1) the use of military personnel forscientific research or other peaceful purposes on outer space missions; and (2) the use of anyequipment or facility necessary for the peaceful exploration of the moon and other celestialbodies. 16314.10.4 General Use of Outer Space for Peaceful Purposes. The United States hasexpressed the view that outer space should be used only for peaceful purposes. 164 This view isconsistent with the Preamble to the Outer Space Treaty. 165The United States has interpreted use of outer space for “peaceful purposes” to mean“non-aggressive and beneficial” purposes consistent with the Charter of the United Nations and161 David A. Koplow, ASAT-isfaction: Customary International Law and the Regulation of Anti-Satellite Weapons,30 MICHIGAN JOURNAL OF INTERNATIONAL LAW 1187, 1198 (2009) (“This provision does not impede the stationingof non-nuclear weapons (including conventional ASAT weapons) in space, nor does it affect a nuclear weapon thatmakes only a temporary transit of outer space, as when propelled by an intercontinental ballistic missile (ICBM)toward its target, rather than being ‘stationed’ in space.”).162 OUTER SPACE TREATY art. IV (“The moon and other celestial bodies shall be used by all States Parties to theTreaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, thetesting of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden.”).163 OUTER SPACE TREATY art. IV (“The use of military personnel for scientific research or for any other peacefulpurposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of themoon and other celestial bodies shall also not be prohibited.”).164 See, e.g., National Space Policy of the United States of America 3 (Jun. 28, 2010) (“All nations have the right toexplore and use space for peaceful purposes, and for the benefit of all humanity, in accordance with internationallaw. Consistent with this principle, ‘peaceful purposes’ allows for space to be used for national and homelandsecurity activities.”); Albert Gore, Sr., U.S. Representative to the United Nations, U.N. General Assembly, 17thSess., 1289th Mtg., U.N. Doc. A/C.1/PV.1289 (1962) (“It is the view of the United States that outer space should beused only for peaceful – that is non-aggressive and beneficial – purposes. The question of military activities inspace cannot be divorced from the question of military activities on Earth. To banish these activities in bothenvironments we must continue our efforts for general and complete disarmament with adequate safeguards. Untilthis is achieved, the test of any space activities must not be whether it is military or non-military, but whether or notit is consistent with the United Nations Charter and other obligations of law.”).165 OUTER SPACE TREATY preamble (“Recognizing the common interest of all mankind in the progress of theexploration and use of outer space for peaceful purposes,”).926

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