Application of international humanitarian law along outer space legal regime on weaponization of outer space.

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.