The use of force in outer space from myth to reality. An assessment on the applicability of self-defence

On 27th January 1967, the Outer Space Treaty was opened for signature, regulating many aspects pertaining the access and use of outer space, space exploration and international cooperation as well as the militarization of celestial bodies. Especially, it establishes the principles of peaceful use and free exploration, it bans the placement and stationing of nuclear weapons in orbit or on celestial bodies, it requires States to avoid contamination of outer space, and it makes States responsible for their activities in outer space and liable for damage caused. Although the Outer Space Treaty expressly prohibits weapons of mass destruction in outer space, it does not contain such explicit language regarding other weapons. This normative myth must confront reality. The militarization of outer space currently under way is undeniable; satellites are very vulnerable systems and in the event of an offensive action, States would face the need to respond. In the light of such a scenario, international rules governing resort to armed force form a central element.