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The Woomera Manual on the International Law of Military Space Operations

The Woomera Manual on the International Law of Military Space Operations

Author: Jack Beard; Dale Stephens
Publisher: Oxford University Press
ISBN: 9780192870674

Published In: May 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780192870667

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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.

Foreword, Hon. Vickie Chapman

Preface

Introduction

Methodology of the Woomera Manual

Overview of the Space Law Regime

Note on Legal Connections Between States and a Space Object

Note on Outer Space vs Airspace (Delimitation of Outer Space)

PART I: MILITARY SPACE ACTIVITIES DURING PEACETIME

Introduction

Section 1: Freedoms and Restrictions Related to the Use of Outer Space

Rule 1 - Freedom of Use, Access, Exploration, and Scientific Investigation and Principles of Cooperation

Rule 2 - Non-Appropriation of Outer Space and Celestial Bodies

Rule 3 - Peaceful Purposes in Outer Space

Rule 4 - Restrictions on Specified Military Establishments and Activities on Celestial Bodies

Rule 5 - Weapons of Mass Destruction

Rule 6 - Military Space Activities and Intelligence Collection

Rule 7 - Jurisdiction

Rule 8 - Registration of Space Objects

Rule 9 - Ownership of Space Objects

Section 2: Responsibility and Liability

Rule 10 - Responsibility of States for National Activities in Outer Space

Rule 11 - Responsibility of International Organizations

Rule 12 - International Liability for Damage Caused by Space Objects

Section 3: Other Obligations

Rule 13 - Astronauts and Personnel of a Spacecraft

Rule 14 - Avoidance of Harmful Contamination

Rule 15 - Visits to Facilities on the Moon and Other Celestial Bodies

Part II: MILITARY SPACE ACTIVITIES DURING TIMES OF TENSION AND CRISIS

Introduction

Section 1: Legal Obligations and Prohibitions of Particular Relevance During Times of Tension and Crisis

Rule 16 - Zones

Rule 17 - Due Regard

Rule 18 - Harmful Interference

Rule 19 - ITU Harmful Radio Interference

Rule 20 - Non-Intervention Principle

Rule 21 - Use of Force

Rule 22 - Threat of Force

Rule 23 - Armed Attack

Section 2: Response Actions

Rule 24 - Retorsion

Rule 25 - Countermeasures

Rule 26 - Self-Defence

Rule 27 - Collective Self-Defence

Rule 28 - Collective Security Measures

PART III: MILITARY SPACE OPERATIONS DURING ARMED CONFLICT

Introduction: Space, the Law of Armed Conflict, and General Protection from Hostilities

Section 1: Characterization of Armed Conflict

Rule 29 - International Armed Conflict

Rule 30 - Non-International Armed Conflict

Section 2: Conduct in or Related to Attack

Rule 31 - Attack

Rule 32 - Distinction

Rule 33 - Direct Participation in Hostilities

Rule 34 - Military Objectives

Rule 35 - Medical Units and Religious Personnel

Section 3: Precautions in Attack

Rule 36 - Verification

Rule 37 - Choice of Means and Methods of Attack

Rule 38 - Proportionality in Attack

Rule 39 - Suspension or Cancellation of Attack

Rule 40 - Warnings

Rule 41 - Precautions against the Effects of Attack

Section 4: Means and Methods of Warfare

Rule 42 - Means and Methods of Warfare Generally

Rule 43 - Natural Environment

Rule 44 - Prohibition of Perfidy

Rule 45 - Improper Use of Markings

Section 5: Other Obligations

Rule 46 - Constant Care

Rule 47 - Belligerent Reprisals

Rule 48 - Neutrality in Space

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