Compliance with International Weapons Law

Boothby, William H.

doi:10.1093/acprof:oso/9780199569946.003.0019

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“…190 As Bill Boothby explains, a space weapon is unlawful if, when used in its normal or designed circumstances, it cannot be directed at a specific military objective or if its effects cannot be reasonably restricted to the target, and, if as a result, its nature is to strike lawful targets, such as military objectives, and protected persons and objects without distinction. 191 Boothby concludes that ASAT weapons 'that are likely to cause debris clouds in areas of outer space that civilian satellites may be expected to use are likely to be regarded as breaching the indiscriminate attacks rule'. 192 We further note, as discussed in the previous chapter, that a fragmentation event at one orbital altitude will affect a broad range of altitudes, such that it is infeasible to distinguish military orbital Space from civilian orbital Space.…”

Section: Distinctionmentioning

confidence: 99%

Who Owns Outer Space?

Byers

Boley

2023

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From Space debris to asteroid strikes to anti-satellite weapons, humanity's rapid expansion into Space raises major environmental, safety, and security challenges. In this book, Michael Byers and Aaron Boley, an international lawyer and an astrophysicist, identify and interrogate these challenges and propose actionable solutions. They explore essential questions from, 'How do we ensure all of humanity benefits from the development of Space, and not just the world's richest people?' to 'Is it possible to avoid war in Space?' Byers and Boley explain the essential aspects of Space science, international law, and global governance in a fully transdisciplinary and highly accessible way. Addressing the latest and emerging developments in Space, they equip readers with the knowledge and tools to engage in current and critically important legal, policy, and scientific debates concerning the future development of Space. This title is also available as Open Access on Cambridge Core.

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Section: Distinctionmentioning

confidence: 99%

Who Owns Outer Space?

Byers

Boley

2023

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Anti-satellite Weapons and International Law

2023

Who Owns Outer Space?

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Prohibitions on specific types of weapons can sometimes arise very quickly in international law, and with universal effect. On 22 April 1915, the German Army released 168 tonnes of chlorine gas near the Belgian city of Ypres. 1 Five thousand soldiers died in the Allied trenches that day while another 10,000 were grievously injured. Three months later, the British Army launched its own first chlorine gas attack. By the end of the First World War, chemical weapons had killed nearly 100,000 people and wounded an estimated one million. 2 After the war, these horrors prompted the negotiation of the 1925 Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. 3 Today, the prohibition on the use of chemical weapons is regarded as a jus cogens rulea customary international law 'taboo' that tolerates no exceptions, not even exceptions created by way of treaty. 4 Compliance with the rule has not been perfect: Saddam Hussein used mustard gas against Iranian forces in the 1980s and then against Kurdish civilians in northern Iraq. 5 The international community responded with the 1992 Convention on the Development, Production, Stockpiling and 1 David Hughes, 'Chemical weapons: The day the first poison gas attack changed the face of warfare forever', The Independent (28 April 2016), online: www.independent.co.uk/news/ world/politics/chemical-weapons-warfare-remembrance-day-poison-mustard-gas-firstworld-war-ypres-isis-a7005416.html. 2 Ibid. 3 Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, 17 June 1925, 94 LNTS 65 (entered into force 9 May 1926).

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Compliance with International Weapons Law

Cited by 2 publications

References 0 publications

Who Owns Outer Space?

Who Owns Outer Space?

Anti-satellite Weapons and International Law

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