International legal regulation of military space activity.

At present, the U.S. is striving for exclusive supremacy in outer space. As a result, the situation may form itself, whereby it will be difficult for other countries to develop and to use the benefits of outer space. The possibility of the new space weapon systems being created by the leading world powers can neither be excluded. Thus, in planning to use outer space for national security interests, the danger of center-of-gravity shift from logistic (informational) functions to operational functions is accruing, i.e., in the long term, space can be segregated into an autonomous domain for leading up and conducting operations (combat actions). The aforesaid poses the acute question concerning the regulation of the use of outer space based on international law provisions.

At present, outer space activity is subdivided conventionally into the three categories: the activity authorized (agreed), prohibited and unspecified by international law. In this regard, the problems of the international legal regulation of the space activities, which are not specified by international law, are of extreme complexity, namely, the military and application-specific exercises, among them concerning the workouts of the technology for weapons homed from space; creation and deployment in space of the means of electro-optical and electronic suppression; creation, testing and deployment of the strike weapons capable of destroying objects in space and through outer space.

Today, the qualitative and quantitative parameters of a number of space systems are ready for inclusion in the combat direction configuration of the weapon systems. Therefore, a new classifying parameter is making appearance in the general classification of space weapons--the space-mediated information systems as the functional subsystems of the advanced weapon systems. (1) Therefore, one can assume that virtually any weapon, which is trained on the object through outer space, acquires strategic capabilities. Moreover, the capability for selective destruction of the enemy infrastructure elements is emerging unencumbered by area and massive population kills. But, this engenders a hazardous illusion about the political aims to be obtained by virtue of a "noncontact" or "bloodless" war. In that way, the process involving the creation of the information-and-strike weapon systems using space-borne means is unlikely to conform the interests of human society, and indisputably needs international legal regulation.

Currently, the world community is exerting efforts toward international and legal ban on the anti-satellite weapons being tested and deployed in outer space. In the context of international law, the use of that style of systems would be qualified as an armed incursion, with all the ensuing consequences, against the sovereign state. Just now, according to the current international and legal norms, it is prohibited to deploy the individual types of weapons in outer space. But, no sooner than the anti-satellite weapons are banned, there can be real talk about the international and legal all-round demilitarization regime to be established in outer space.

What international organizations, in our view, potentially could and should address such a matter of substance to provide global and universal security? It is essential, first of all, to note that the U.N., which is the focal point for dovetailing the actions of states for the peaceful exploration of space, is obviously such an organization performing the duties assigned to it through its main and ancillary bodies and related international organizations, such as the U.N. Committee for Peaceful Uses of Outer Space (the U.N. Committee for Space), the U.N. Department for Outer Space; the U.N. Institute for Disarmament Research and others.

It will be observed that the U.N. Committee for Space is represented by 61 states of the world, which certainly meets the national interests of the major portion of the states in the world.

To address the aforementioned spectrum of the problem areas in the MAS system (military activity in space), it is advisable, in our view, to segregate the new important element--a committee, which would be concerned with the limitation and verification of the quantitative characteristics of space-borne systems capable of being incorporated in the combat direction configuration of the weapon systems, as well as the non-use in the weapon systems of the craft with social and economic, scientific and commercial application. As part of the evolving international treaty base for the use of outer space, this committee would be capable of establishing the international legal regulations banning the deployment of weapons and military personnel in outer space. These regulations involve the development of the international legal norms for the prevention of the arms race in outer space, as well as the confidence-building measures to preclude outer space from being turned into a theater of operations and a springboard for an armed attack against other states.

The currently existing international and legal regulations, which govern the solution of the MAS questions, fall behind the evolving rocket-and-space technology. The political measures being adopted are neither capable of proving the full and effective verification of the evolvement of space-borne weaponry. Under these conditions, it is indispensable to implement a number of goals concerned with international cooperation, without which across-the-board and lasting security is inconceivable: the improvement and evolvement of the existing international and legal facilities, which provide abatement of the confrontation level of the parties and avoid the risk of conflicts in outer space; the adoption of international and legal regulations for the verification of the spread of technologies for brand new weaponry being produced by the integration of the information systems with the existing strike weapon systems; the enhancement of the international collective security system.

The adoption and implementation of the relevant international and legal act in this domain (subject to the development of the relevant verification procedure for its implementation) would be conducive to posing in a less acute tenor the question of the global supremacy of individual states in outer space, thus-considerably lowering global military threat. In so doing, requisite verification, in our view, should be effected on the basis of the integrated assessment of the total number of space-borne craft (SBC) and their technical capabilities (by reckoning with the availability in orbit of the military and dual-capable SBC).

There is yet another critical issue. Statistics shows that during World War II 4,500 sorties were made and 9,000 air bombs were dropped to destroy the major railway bridge across the wide river. While during the war in Vietnam, the similar target was destroyed by 190 air bombs dropped by 95 aircraft. Whereas in Yugoslavia, the same combat mission was performed by 1-3 smart cruise missiles launched from the submarine situated in the Mediterranean. (2) Such enhanced target accuracy is attainable only by integrating the strike weapons with the space-borne facilities, which certainly gives unilateral advantages to the side, which is in possession of such weaponry. Therefore, it is indispensable to have international and legal constraints in place for the quantitative characteristics of the strike weapons integrated with the space-borne devices.

Besides, in our view, the following measures are expedient for the further prevention of outer space militarization:

* Conclusion of multi-lateral international and legal agreements, which ban the testing and deployment of any types of weapons in outer space;

* Conclusion of the international agreement about the "immunity" of artificial earth satellites;

* Definition and verification of the threshold ceilings for the SBC share in the information orbital groupings, which are potentially usable in the combat direction configuration of the weapon systems;

* Creation of the international space inspectorate and the space inspection arbitration authorities;

* Development of "the code of behavior" in outer space (curfew of dangerous maneuvers, curfew of pursuit maneuvers, curfew of dangerous approach, compliance with minimal distances between space-borne facilities, etc.).

Thus, the efforts of the U.N. and other international organizations for international and legal regulation of the activity in outer space should be focused on the creation of the relevant regulatory and legal framework, which would envisage constraints for the quantitative and qualitative characteristics of the existing and evolving military and dual-purpose space systems capable of being integrated into the combat direction configuration of the weapon systems.

NOTES:

1. Ye. Myasnikov, Vysokotochnoe oruzhie i strategicheskiy balans, Tsentr po izucheniiu problem razoruzhenia, energetiki i ekologii pri MFTI, Dolgoprudniy, 2000.

2. Ibidem.

Col. V.V. MALTSEV

Department Head, Peter the Great Strategic Missile Forces Military Academy

Candidate of Military Sciences

Lt. Col. D.V. KURBATOV

Senior Research Officer, Research Laboratory,

Peter the Great Strategic Missile Forces Military Academy

Candidate of Military Sciences