Despite the longstanding efforts of the international community to prevent an arms race in outer space, the rules governing the potential use of force there is something worth serious consideration – and we have already have seen spill-over effects of terrestrial conflicts into space. This raises the question, how would international humanitarian law (IHL) apply to the conduct of hostilities in outer space?
In this post, part of a series on War, Law and Outer Space, Svenja Berrang, Legal Adviser for the German Federal Ministry of Defence, gives a short overview of the basic IHL principles of distinction, proportionality, and precaution and takes a closer look at the challenges in their application to outer space posed by the widespread dual-use of space systems, the employment of civilian operators for space systems used by the military, and the creation of space debris by attacking a space object.
