Recommended Citation
Christian Jorgensen,
"Old" Law for a "New" Frontier: The Sufficiency of International Humanitarian Law in Outer Space,
57 Case W. Res. J. Int'l L.
343
(2025)
Available at:
https://scholarlycommons.law.case.edu/jil/vol57/iss1/11
Abstract
As military capabilities and activities continue to expand into outer space, questions arise as to whether new legal frameworks are necessary to govern armed conflict beyond Earth. This Article argues that existing international humanitarian law (IHL) principles, including distinction, proportionality, necessity, and humanity, remain sufficient to regulate military operations in space. Rather than drafting new black-letter rules, states should focus on interpreting and applying current law in light of the unique characteristics of space warfare, including the enduring dangers of space debris and the widespread civilian reliance on satellite infrastructure. This Article examines the applicability of IHL in outer space, the interaction between space law and IHL, and contemporary case studies that reinforce the sufficiency of existing legal frameworks. Ultimately, it concludes that the international community should focus on enforcing and adapting existing rules rather than seeking new treaties, which are unlikely to gain consensus given current geopolitical realities. (Abstract from author.)