TITLE:
Definition of “Armed Conflict” in Outer Space
AUTHORS:
Wenjun Yan
KEYWORDS:
Outer Space, War, Armed Conflict, International, Non-International, International Humanitarian Law
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.1,
March
21,
2023
ABSTRACT: Countries should follow the principle of peaceful development when developing and utilizing outer space resources and rights, but the increasing militarization or weaponization of space is contrary to this basic principle. The militarization or weaponization of space not only creates tension in international relations but also greatly increases the danger of armed conflicts in space. According to the basic theory of international humanitarian law, it can be deduced that once an armed conflict in outer space breaks out, the existing international humanitarian law can be applied. Then, determining the definition of “armed conflict in outer space” and the possible types of “armed conflict in outer space” are the prerequisites for the application of international humanitarian law. Although no armed conflict in outer space has actually broken out yet, it does not prevent us from conducting tentative research on the concept of “armed conflict” in combination with the characteristics of outer space activities.