The Woomera Manual on the International Law of Military Space Operations

by Beard, Jack; Stephens, Dale

• ISBN13: 9780192870667
• ISBN10: 0192870661
• Format: Hardcover
• Copyright: 2024-09-24
• Publisher: Oxford University Press

Summary

Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature-- drawing on space law, national security law, technology, international law, and diplomacy.

Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law.

Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.

Author Biography

Jack Beard, University of Nebraska,Dale Stephens, University of Adelaide

Professor Jack Beard is the Director of the Space, Cyber, and National Security Law Program at the University of Nebraska College of Law. His primary fields for teaching and scholarship are public international law and national security law, with a particular emphasis upon space law, cyber capabilities, arms control, and international humanitarian law. He previously served as the Associate Deputy General Counsel (International Affairs) in the Office of the US Secretary of Defense. He is a graduate of the Georgetown University School of Foreign Service, the University of Michigan Law School, and received an L.LM. in International and Comparative Law from the Georgetown University Law Center.

Professor Dale Stephens CSM FAAL is a Professor at the University of Adelaide and a Captain in the Royal Australian Navy Reserve. He has occupied senior legal positions in the Australian Defence Force and undertook numerous operational deployments. He is Director of the Adelaide University Research Unit on Military Law and Ethics. He researches and teaches in the areas of International Law, Space Law, Military Operations Law and Law of Armed Conflict. He is Chair of the SA Red Cross IHL Committee. He was awarded his LL.M and SJD from Harvard Law School and is a Fellow of the Australian Academy of Law.

Table of Contents

Foreword, Hon. Vickie ChapmanPrefaceIntroductionMethodology of the Woomera ManualOverview of the Space Law RegimeNote on Legal Connections Between States and a Space ObjectNote on Outer Space vs Airspace (Delimitation of Outer Space)PART I: MILITARY SPACE ACTIVITIES DURING PEACETIMEIntroductionSection 1: Freedoms and Restrictions Related to the Use of Outer SpaceRule 1 - Freedom of Use, Access, Exploration, and Scientific Investigation and Principles of CooperationRule 2 - Non-Appropriation of Outer Space and Celestial BodiesRule 3 - Peaceful Purposes in Outer SpaceRule 4 - Restrictions on Specified Military Establishments and Activities on Celestial BodiesRule 5 - Weapons of Mass DestructionRule 6 - Military Space Activities and Intelligence CollectionRule 7 - JurisdictionRule 8 - Registration of Space ObjectsRule 9 - Ownership of Space ObjectsSection 2: Responsibility and LiabilityRule 10 - Responsibility of States for National Activities in Outer SpaceRule 11 - Responsibility of International OrganizationsRule 12 - International Liability for Damage Caused by Space ObjectsSection 3: Other ObligationsRule 13 - Astronauts and Personnel of a SpacecraftRule 14 - Avoidance of Harmful ContaminationRule 15 - Visits to Facilities on the Moon and Other Celestial BodiesPart II: MILITARY SPACE ACTIVITIES DURING TIMES OF TENSION AND CRISISIntroductionSection 1: Legal Obligations and Prohibitions of Particular Relevance During Times of Tension and CrisisRule 16 - ZonesRule 17 - Due RegardRule 18 - Harmful InterferenceRule 19 - ITU Harmful Radio InterferenceRule 20 - Non-Intervention PrincipleRule 21 - Use of ForceRule 22 - Threat of ForceRule 23 - Armed AttackSection 2: Response ActionsRule 24 - RetorsionRule 25 - CountermeasuresRule 26 - Self-DefenceRule 27 - Collective Self-DefenceRule 28 - Collective Security MeasuresPART III: MILITARY SPACE OPERATIONS DURING ARMED CONFLICTIntroduction: Space, the Law of Armed Conflict, and General Protection from HostilitiesSection 1: Characterization of Armed ConflictRule 29 - International Armed ConflictRule 30 - Non-International Armed ConflictSection 2: Conduct in or Related to AttackRule 31 - AttackRule 32 - DistinctionRule 33 - Direct Participation in HostilitiesRule 34 - Military ObjectivesRule 35 - Medical Units and Religious PersonnelSection 3: Precautions in AttackRule 36 - VerificationRule 37 - Choice of Means and Methods of AttackRule 38 - Proportionality in AttackRule 39 - Suspension or Cancellation of AttackRule 40 - WarningsRule 41 - Precautions against the Effects of AttackSection 4: Means and Methods of WarfareRule 42 - Means and Methods of Warfare GenerallyRule 43 - Natural EnvironmentRule 44 - Prohibition of PerfidyRule 45 - Improper Use of MarkingsSection 5: Other ObligationsRule 46 - Constant CareRule 47 - Belligerent ReprisalsRule 48 - Neutrality in Space