Satellite targeting under jus in bello
The thesis “Satellite Targeting under Jus in Bello” seeks to research the existing targeting rules and find ways of their application for military space operations. To achieve this goal, research is steered in three dimensions: firstly, the question of jus in bello applicability in outer space is scrutinized, secondly, rules of targeting analysed with specific focus on satellite attacks and, thirdly, jus in bello obligation to review new weapons is analysed to stretch the analysis to peacetime conduct and question whether this duty applies to ASAT weapon testing and what legal implications flow from it. While searching for ways to apply jus in bello for military space operations, the Author analyses whether general jus in bello application conditions may be met in outer space and seeks to identify the potential conflicting rules of IHL and ISL and proposes their resolution mechanism. In the second chapter, the Author discusses the legal notion of military objective and seeks to identify which satellites fall under that legal notion and become targetable. Specific effort is given to analyse the status of dual-use technologies, as most satellites are of this nature and the status of outer space under jus in bello. In the same chapter, the Author suggests to generally treat natural environment as a civilian object and apply jus in bello natural environment preservation rules only when natural environment constitutes military objective or may face collateral effects of satellite attacks. The third chapter discusses general targeting principles, as for instance, military necessity, unnecessary suffering, distinction and proportionality. Major characteristics of those principles are established through historical source analysis, opinio juris, jurisprudence of international courts and doctrine. In the aftermath of disclosure of these principles, it is contemplated how they apply to satellite targeting. The last part of research aims to check whether jus in bello rules specifically designed to operate during armed conflict might penetrate to regulating peacetime conduct in the form of legal weapon review duty. The Author suggests that this duty requires the states to halt weapon testing procedures as soon as negative legal review is drafted. Consequently, as the Author sees kinetic ASAT attacks to have most chances of breaching jus in bello rules during an armed conflict, it is suggested that the prudent implementation of this rule could prevent peacetime kinetic ASAT weapon tests.
https://vb.mruni.eu/object/elaba:179509117/179509117.pdf
https://vb.mruni.eu/MRU:ELABAETD179509117&prefLang=en_US