Abstract:
The purpose of this study is to point out that the Outer Space is emerging as a new
domain vulnerable to warfare after the domains of land, sea and air. Till date the Outer
Space was militarized but now shifting towards weaponization. Currently, many states
are either in development or have developed many types of Outer Space weapons which
are not regulated through any specific law or treaty, nor there is much available on the
topic in the existing literature. This leads us to assume that the Outer Space is a lawless
domain. Such assumption is arguably correct in few aspects but there is a legal regime
which governs the Outer Space in the peace time yet the same fails to govern conflict in
the Outer Space. The legal regime which deals with the conflict was made for the domains
of land, sea and air after years of chaos, analogy is made between these domains and
Outer Space for its implementation in the domain of Outer Space, but as the Outer Space
is immensely different from land, sea and air many such analogies fail. Due to no state
practice and undeveloped laws it is hard to determine how a conflict either international
or non-international will be governed in the Outer Space. Whether the weapons that are
in use or will be used in Outer Space are prohibited or not? And whether breach of any
law in the time of armed conflict in Outer Space can be dealt under Liability Convention
of 1972? These thought-provoking questions are answered. As currently there are many
gaps in the legal regimes which makes them inadequate to govern all aspects of Outer
Space warfare and the same should be curtailed to avoid any emergence of anarchy in
the Outer Space. The laws dealing with armed conflicts require to be amended so the
same can be applicable in Outer Space warfare or a separate body of laws or treaties are
required to be drafted which shall fill the gaps left in the legal regimes of the Outer Space
during armed conflict.
