Star Wars: Towards a Reversible Military Objectives in Outer Space

Abstract

The International Space Station (ISS) and the International Atomic Energy Agency (IADC) have been involved in the pursuit of a sustainable presence beyond low earth orbit. The ISS is a large-scale satellite-based defence system that relies on the United States of America (US) during the 1991 Gulf War. The US is now relying on its own satellites to support its mission. In this paper, conflicting legal principles are assessed and a practical solution is suggested. Specifically, a temporal application of the OST appears straightforward, yet there is disagreement as to whether the outbreak of an armed conflict should automatically render a military astronaut a legitimate military objective. Nevertheless, the extent to which lunar natural resources that are extracted using human technologies may be legitimate military objectives remains uncertain. The increasing support for a reinterpretation of Article II as to allow for the appropriation of natural resources from celestial bodies, may see moon-based mining technologies become targets more readily.