This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three areas of militarization and weaponization in space: military personnel in space, anti-satellite weaponry, and national defense in space.
Ryan M. Esparza, Event Horizon: Examining Military and Weaponization Issues in Space by Utilizing the Outer Space Treaty and the Law of Armed Conflict, 83 J. Air L. & Com. 333 (2018)