International Journal of Technology and Applied Science
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Volume 17 Issue 3
March 2026
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Militarization of Outer Space: Legal Limits under International Humanitarian Law
| Author(s) | Shivina Rathore |
|---|---|
| Country | India |
| Abstract | The militarization of outer space has accelerated dramatically in the twenty-first century, driven by the proliferation of anti-satellite weapons, dual-use satellite constellations, directed-energy systems, and the emerging integration of artificial intelligence into space-based military operations. This paper critically examines the legal limits imposed on the militarization of outer space under international humanitarian law (IHL) and the broader corpus of international space law. It analyses the foundational treaty framework centred on the Outer Space Treaty (1967) and its cognate instruments identifying the critical gap between the prohibition on weapons of mass destruction and the absence of any prohibition on conventional military operations in space. The paper examines the applicability of IHL's core principles distinction, proportionality, precaution, and the prohibition on unnecessary suffering to space warfare scenarios, with particular focus on the targeting of dual-use satellites, anti-satellite weapons testing, and cyber operations in space. Drawing on the landmark Woomera Manual on the International Law of Military Space Activities and Operations (2024) and recent developments in the United Nations Open-Ended Working Group on the Prevention of an Arms Race in Outer Space, the paper assesses the normative adequacy of the existing legal framework. It concludes that while space is not a lawless domain, it is a law-deficient one, and proposes a framework for a new legally binding instrument to address the most critical regulatory gaps. |
| Keywords | Outer Space Treaty, International Humanitarian Law, Anti-Satellite Weapons, Dual-Use Satellites, Prevention of an Arms Race in Outer Space. |
| Published In | Volume 17, Issue 3, Array 2026 |
| Published On | 2026-03-23 |
| Cite This | Militarization of Outer Space: Legal Limits under International Humanitarian Law - Shivina Rathore - IJTAS Volume 17, Issue 3, Array 2026. |
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IJTAS DOI prefix is
10.71097/IJTAS
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