APPENDIX A MILITARY ACTIVITIES IN OUTER SPACE by Leonard David, Program Director Forum for the Advancement of Students in Science and Technology (FASST) Military Uses of Outer Space: The Legal Regime The legality of military operations in space is set in several important documents. These would include: the 1958 NASA Space Act; the Treaty on Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space, and Under Water (1963); and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (1967). Due to the possible impact an SPS beam would have on the Earth’s upper atmosphere, the Convention on the Prohibition of Hostile Uses of Environmental Modification Techniques (1977) would also be affected. Operations in outer space can be manifested in a number of ways. Among these are the peaceful, aggressive, nonaggressive, and military uses of outer space. Disagreement concerning what definitions apply to these words has been the subject of discussion since the earliest days of space exploration. The meaning ’’peaceful," according to space law experts, gives rise to two different interpretations. Under one interpretation, primarily used by the United States, "peaceful" connotes "nonaggressive." A second interpretation of the term is "nonmilitary’’ and is used, although not exclusively, by the Soviet Union. In addition, "peaceful" use has been applied to defense support space missions that (I 2) are ’’noninterfering’’ or "nonaggressive." ’ (3) As stated in the Air Force Manual l-lr The underlying goal of the U.S. national space policy is that the medium of space must be preserved for peaceful use of all mankind. Air Force principles relating to space operations are consistent with this national commitment. National policy and international treaties restrict the use of space for employment of weapons of mass destruction. There is, however, a need to insure that no other nation gains a strategic military advantage through the exploitation of the space environment. The possibility of an SPS linked to high powered laser could lead to a ballistic missile defense capability. In addition, an SPS/laser system could be utilized in a particle beam weapon, with lasers creating highly intense, coherent light
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