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other international law. 166 This interpretation of “peaceful purposes” is similar to theinterpretation given to the reservation of the high seas for “peaceful purposes” in the LOSConvention. 167For example, observation or information-gathering from satellites in space is not an act ofaggression under the Charter of the United Nations and, thus, would be a use of space forpeaceful purposes. 168 Similarly, lawful military activities in self-defense (e.g., missile earlywarning, use of weapon systems) would be consistent with the use of space for peacefulpurposes, but aggressive activities that violate the Charter of the United Nations would not bepermissible. 169Article IV of the Outer Space Treaty provides that “[t]he moon and other celestial bodiesshall be used by all States Parties to the Treaty exclusively for peaceful purposes.” 170 Article IVspecifies restrictions on military operations on the moon and other celestial bodies. 17114.10.5 Outer Space Treaty Provisions on Cooperation, Mutual Assistance, andPotentially Harmful Interference. Article IX of the Outer Space Treaty provides that in theexploration and use of outer space, States Parties shall be guided by the principle of cooperationand mutual assistance and shall conduct all their activities in outer space with due regard to the166 Senator Albert Gore, Sr., Treaty on Outer Space: Hearings Before the Committee on Foreign Relations, U.S.Senate, 90th Congress, First Session, 59 (Mar. 13, 1967) (“We interpret peaceful purposes as being non-aggressiveand beneficial.”). See also Staff Report prepared for the use of the Committee on Aeronautical and Space Sciences,United States Senate, Treaty on Principles Governing the Activities of States in the Exploration and Use of OuterSpace, Including the Moon and Other Celestial Bodies: Analysis and Background Data, 11 (Mar. 1967) (“InRussian, the word for ‘military’ essentially means warlike rather than pertaining to the armed services of a country;in the United States, ‘peaceful’ is not regarded as the opposite of ‘military’—we think of ‘peaceful’ as ‘notaggressive.’”); CARL Q. CHRISTOL, THE MODERN INTERNATIONAL LAW OF OUTER SPACE 22 (1982) (“Theexpression ‘peaceful purposes’ is a legal term of art. At the beginning of the Space age several views wereadvanced as to its meaning, with one view being that military activities in the space environment could not be andwere not peaceful. The opposing position, which today has gained general acceptance, is that nonaggressivemilitary uses are peaceful. Thus, ‘peaceful’ has come to mean general space activity that is beneficial to and in theinterests of all countries.”).167 Refer to § 13.1.1 (The Law of the Sea During Armed Conflict).168 See Albert Gore, Sr., U.S. Representative to the United Nations, U.N. General Assembly, 17th Sess., 1289thMtg., U.N. Doc. A/C.1/PV.1289 13 (1962) (“[A]ny nation may use space satellites for such purposes as observationand information-gathering. Observation from space is consistent with international law, just as is observation fromthe high seas.”); Report by the Committee on Satellite Reconnaissance Policy, attached to Jul. 2, 1962 memorandumfrom Secretary Rusk to President Kennedy, excerpted in XXV FOREIGN RELATIONS OF THE UNITED STATES (1961-1963), 951-59 (2001) (“(b) It is well established that areas subject to the jurisdiction of a state may be observed frompoints outside that jurisdiction, e.g., from a ship on the high seas. Observation from outer space, which is notsubject to territorial claims, also cannot be considered to constitute a violation of international law.”).169 CARL Q. CHRISTOL, THE INTERNATIONAL LAW OF OUTER SPACE 114 (1966) (“It may be concluded that bothballistic missiles, directly, and satellites, indirectly, have military utility. This does not automatically exclude themfrom the category of peaceful uses, since defensive and deterrent capabilities serve the cause of peace. It is onlywhen such devices are intentionally used for aggressive purposes that they lose their peaceful status.”).170 OUTER SPACE TREATY art. IV (“The moon and other celestial bodies shall be used by all States Parties to theTreaty exclusively for peaceful purposes.”).171 Refer to § 14.10.3.2 (Restrictions on Military Activities on the Moon and Other Celestial Bodies).927

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