Manfred Lachs Conference (Military Judge Col. in TUAF) SECURITY BASED SPACE ACTIVITIES, “PEACEFUL USES” OF OUTER SPACE AND NEW THREATS Legal framework of space law The development of space law International Humanitarian Law International Humanitarian Law in outer space Askeri Açıdan Uzay Türkiye ve Uzay başlıkları altında arz edeceğim. Ayhan SORGUCU (Military Judge Col. in TUAF)

International Humanitarian Law International Humanitarian Law Legal framework of space law The development of space law International Humanitarian Law Legal framework of space law The development of space law International Humanitarian Law International Humanitarian Law in outer space Askeri Açıdan Uzay Türkiye ve Uzay başlıkları altında arz edeceğim. International Humanitarian Law in Outer Space Conclusion

Manfred Lachs Conference Legal Framework of Space Law The Outer Space Treaty of 1967 The Rescue Agreement of 1968 The Liability Convention of 1971 The Outer Space Treaty of 1967 The Rescue Agreement of 1968 The Liability Convention of 1971 The Registration Convention of 1976 The Moon Agreement of 1979 The Registration Convention of 1976 The Moon Agreement of 1979

Manfred Lachs Conference The Outer Space Treaty, The Magna Carta of Outer Space, provides a general framework for the regulation of space-related activities, lays the foundation for the future development of space law, relevant principles and mechanisms are enriched, The Magna Carta of Outer Space provides a general framework for the regulation of space-related activities lays the foundation for the future development of space law relevant principles and mechanisms are enriched concretized and developed by the other four United Nations treaties of Outer Space concretized and developed by the other four United Nations treaties of Outer Space .

Manfred Lachs Conference Outer Space = “Ultimate High Ground” the Moon and other celestial bodies are global commons share the common character of obligations erga omnes are not subject to national appropriation by any State the Moon and other celestial bodies are global commons share the common character of obligations erga omnes are not subject to national appropriation by any State free for exploration and use by all States Cold War Outer Space = “Ultimate High Ground” free for exploration and use by all States Cold War Outer Space = “Ultimate High Ground”

Manfred Lachs Conference The development of space law The international treaties and customary international law are still serving as the main legal grounds for activities in outer space The international treaties and customary international law are still serving as the main legal grounds for activities in outer space

Manfred Lachs Conference The development of space law The Outer Space Treaty Article 1; "for the benefit and in the interests of all countries", "the province of all mankind", "without discrimination of any kind, on a basis of equality" The Outer Space Treaty Article 1; "for the benefit and in the interests of all countries", "the province of all mankind", "without discrimination of any kind, on a basis of equality"

Manfred Lachs Conference The development of space law “I believe that this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the Moon and returning him safely to the Earth.” J.F.KENNEDY 25 th May 1961 “I believe that this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the Moon and returning him safely to the Earth.” ABD’nin ilk insanlı uzay uçusundan sadece 20 gün sonra J.F.KENNEDY; 10 yıldan önce ABD’nin bir insanı Ay’a gönderip emniyetle geri getirmeyi hedef olarak seçtiğini bildirmiştir.

Manfred Lachs Conference The development of space law The first principal consideration of space law, namely the protection of common interest, is the primary objective of space law. The first principal consideration of space law, namely the protection of common interest, is the primary objective of space law.

Manfred Lachs Conference The development of space law First, ownership by all and equitable sharing of benefits. Second, the maintenance of peace and common security Third, sustainable development. The development of space law First, ownership by all and equitable sharing of benefits. Second, the maintenance of peace and common security Third, sustainable development.

Manfred Lachs Conference Its aplication to conflicts in Outer Space International Humanitarian Law International Humanitarian Law Its aplication to conflicts in Outer Space Its aplication to conflicts in Outer Space

Manfred Lachs Conference International Humanitarian Law

Manfred Lachs Conference International Humanitarian Law

Manfred Lachs Conference International Humanitarian Law Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general, self-defence and United Nations authorization for the use of force, United Nations Charter of 1945, are the core ingredients of jus ad bellum, Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general, self-defence and United Nations authorization for the use of force, United Nations Charter of 1945, are the core ingredients of jus ad bellum,

Manfred Lachs Conference IHL is synonymous with jus in bello it seeks to minimize suffering in armed conflicts IHL is synonymous with jus in bello it seeks to minimize suffering in armed conflicts protecting and assisting all victims of armed conflict protecting and assisting all victims of armed conflict

Manfred Lachs Conference International Humanitarian Law in Outer Space One of the fundamental principles in the Outer Space Treaty is that activities in the exploration and use of outer space shall be carried out “in accordance with international law, including the United Nations Charter”. One of the fundamental principles in the Outer Space Treaty is that activities in the exploration and use of outer space shall be carried out “in accordance with international law, including the United Nations Charter

Manfred Lachs Conference International Humanitarian Law in Outer Space Article IV of the Outer Space Treaty.. … forbids the establishment of military bases,… The prohibition on the use of force contained in Article 2(4) of the United Nations Charter represents a crucial element in the regulation of international relations and is equally applicable to the use of outer space. By 1961, the General Assembly had recommended.. …repeated in General Assembly Resolution 1962 The prohibition on the use of force contained in Article 2(4) of the United Nations Charter represents a crucial element in the regulation of international relations and is equally applicable to the use of outer space.

Manfred Lachs Conference International Humanitarian Law in Outer Space Article 51 of the United Nations Charter is also applicable to the legal regulation of outer space Under the principles of public international law, this right of self- defence remains subject toexpress legal limitations — the requirements of necessity and proportionality. Article 51 of the United Nations Charter is also applicable to the legal regulation of outer space Under the principles of public international law, this right of self- defence remains subject toexpress legal limitations — the requirements of necessity and proportionality

Manfred Lachs Conference International Humanitarian Law in Outer Space The “peaceful uses” provision set out in Article IV of the Outer Space Treaty has been the subject of much analytical discussion as to its scope and meaning While there is general agreement among space law critics that this is directed against “non-military” rather than merely “non-aggressive” activities, the reality has, unfortunately, been different The “peaceful uses” provision set out in Article IV of the Outer Space Treaty has been the subject of much analytical discussion as to its scope and meaning While there is general agreement among space law critics that this is directed against “non-military” rather than merely “non-aggressive” activities, the reality has, unfortunately, been different

Manfred Lachs Conference International Humanitarian Law in Outer Space the rules relating to the legal regulation of the use of force – jus ad bellum – apply to the use of outer space, by virtue of Article III of the Outer Space Treaty, as well as under customary international law the rules relating to the legal regulation of the use of force – jus ad bellum – apply to the use of outer space, by virtue of Article III of the Outer Space Treaty, as well as under customary international law

Manfred Lachs Conference International Humanitarian Law in Outer Space There is no specific “territorial” limitation to the application of the jus in bello principles an integral part of international law, the principles of international humanitarian law, are also highly relevant to the military uses of outer space any military activity that takes place in outer space will be subject to the jus in bello in relation not only to the direct action, but also as to its effects elsewhere, including on Earth… There is no specific “territorial” limitation to the application of the jus in bello principles an integral part of international law, the principles of international humanitarian law, are also highly relevant to the military uses of outer space any military activity that takes place in outer space will be subject to the jus in bello in relation not only to the direct action, but also as to its effects elsewhere, including on Earth…

Manfred Lachs Conference International Humanitarian Law in Outer Space The applicability of IHL is further confirmed by Article III of the OST, which states that international law applies to the use of outer space There is no doubt that International Humanitarian Law applies to outer space warfare. The applicability of IHL is further confirmed by Article III of the OST, which states that international law applies to the use of outer space There is no doubt that International Humanitarian Law applies to outer space warfare.

Manfred Lachs Conference International Humanitarian Law in Outer Space an action represented a legitimate use of force, with the only possible justification being Article 51 of the United Nations Charter necessity and proportionality Even if it Space warfare will depend upon a number of fundamental principles of international law he action did not violate jus ad bellum principles, one would then need to consider the jus in bello principles raised earlier. Bugüne kadar geliştirilmiş olan uzay araçları, kendilerinden beklenen görev ve niteliklere göre farklı şekillerde dizayn edilmektedir. Bu yönü ile uzay araçları şu kategorilere ayrılırlar: Yakın geçişli uzay araçları (Flyby spacecraft): Bu araçlar güneş sisteminin keşfinde kullanılmaktadırlar. Yörünge uzay araçları (Orbiter Spacecraft): Uzakta bir gezegene ulaşarak, onun yörüngesine girmek üzere yapılmışlardır. Atmosferik uzay araçları (Atmospheric spacecraft): Bir gezegenin atmosferine girmek suretiyle, ısı, basınç, yoğunluk, bulut durumu ve benzeri bilgileri toplamak üzere geliştirilmişlerdir. İnişli uzay araçları (Lander spacecraft): Bir gezegenin yüzeyine inerek belli bir süre dünyaya telemetri bilgisi göndermek amacıyla geliştirilen uzay araçlarıdır. Rover uzay araçları (Rover Spacecraft): Bir gezegen veya gök cisminin yüzeyine özel araç indirebilen sistemlerdir. Gözlem uzay araçları (Observatory Spacecraft): Dünya yörüngesine yerleştirilerek gök cismini uzaktan gözlemlerler. İletişim uzay araçları (Communication spacecraft) İnsanlı Uzay araçları (Manned Spacecraft)

Manfred Lachs Conference International Humanitarian Law in Outer Space “all feasible precautions” Voyager ve Galileo uzay araçları;

Manfred Lachs Conference CONCLUSION So important are space systems to military operations that it is unrealistic to imagine that they will never become military targets So important are space systems to military operations that it is unrealistic to imagine that they will never become military targets

Manfred Lachs Conference CONCLUSION space superiority is emerging as an essential element of battlefield success and future warfare… Marsokhod uzay aracı ve Hubble Space Telescope’u;

Manfred Lachs Conference CONCLUSION Although the existing jus in bello principles, which also apply to outer space, provide some underlying standards that regulate the utilization of space for the purposes of armed conflict, the unique nature of space requires that the applicable rules be strengthened and particularized towards the environment of space Although the existing jus in bello principles, which also apply to outer space, provide some underlying standards that regulate the utilization of space for the purposes of armed conflict, the unique nature of space requires that the applicable rules be strengthened and particularized towards the environment of space

Manfred Lachs Conference CONCLUSION if we are to avoid ‘grey areas’ in the law, it is necessary to develop specific and clear rules and standards that categorically sanction the weaponisation of space, as well as the engagement in any form of conflict in the region of space and against space assets. if we are to avoid ‘grey areas’ in the law, it is necessary to develop specific and clear rules and standards that categorically sanction the weaponisation of space, as well as the engagement in any form of conflict in the region of space and against space assets.

Manfred Lachs Conference CONCLUSION As part of these new rules, clear definitions need to be developed for concepts such as ‘space weapons’, ‘peaceful purposes’ and ‘military uses’. As part of these new rules, clear definitions need to be developed for concepts such as ‘space weapons’, ‘peaceful purposes’ and ‘military uses’.

Manfred Lachs Conference CONCLUSION the fundamental issue of ‘where space begins’ should be definitively resolved so as to counter any arguments that outer space is, in fact, an area akin to the territory of a State for the purposes of national security. the fundamental issue of ‘where space begins’ should be definitively resolved so as to counter any arguments that outer space is, in fact, an area akin to the territory of a State for the purposes of national security.

Manfred Lachs Conference CONCLUSION significantly, in developing these new rules, we need to adhere strictly to the ‘collective humanity’ principles inherent in both the jus in bello and the international law of outer space in order to avoid the possibility of alternate scenarios too frightening to contemplate. significantly, in developing these new rules, we need to adhere strictly to the ‘collective humanity’ principles inherent in both the jus in bello and the international law of outer space in order to avoid the possibility of alternate scenarios too frightening to contemplate.

Manfred Lachs Conference Thank you for your attention… Best Regards… Thank you for your attention… Best Regards…