The military uses of outer space and the damages resulting

Authors

  • Dr. Basher Sabhan Ahmed College of Rights, Tikrit University, Salahaddin, Iraq
  • Laith Khamees Hameed College of Rights, Tikrit University, Salahaddin, Iraq

Keywords:

- Outer space . - Military use . - Civilian casualties - Environmental damage . - Nuclear tests . - Space debris . - Ozone layer.

Abstract

:  The Outer Space Treaty of 1967 was based on several principles, the most important of which is the principle of using outer space for peaceful purposes only, This principle is intended to limit the use of outer space and other celestial bodies to peaceful purposes only without military purposes, However, the recent developments of military industries, the arms race and the ability to own Modern military technology and its adaptation to ensure superiority and control have made it very difficult to limit the use of outer space for peaceful purposes only, and this cannot be achieved unless by making great efforts by the international community and international organizations in order to ensure that outer space is not used militarily, as well as that the military use of outer space It leads to severe damages, the effects of which are negatively reflected on individuals, in addition to its impact on the environment and on living organisms as well.

References

List of sources:

First - Legal Books:

- Hawra Fadhel Mithab Al-Sabahi: Criminal Responsibility for the Illegal Use of Satellites, first edition, New University House, Egypt, 2023.

- Karim Al-Mufti and others: Summer School Studies Series in Law and Armed Conflict, Amel International Foundation, Lebanon, 2013.

- Muhammad Jamal Mazloum and Mamdouh Hamid Attia: The Nuclear Conflict in the Continent of Asia, first edition, Academic Library, Egypt, 2010.

- Evgeny Primakov: The world after September 11 and the invasion of Iraq, translated by Abdullah Hassan, first edition, Obeikan Library, Saudi Arabia, 2004.

Second - theses and university dissertations:

- Jairn Issa: International Efforts to Protect the Ozone Layer from Pollution, PhD thesis submitted to the Faculty of Law and Political Sciences - University of Djilali Liabis, Sidi Bel Abbes, Algeria, 2016-2017.

- Alili Fatima Al-Zahraa: Pollution of the Space Environment, PhD thesis submitted to the Faculty of Law - University of Algiers, Algeria, 2017-2018.

- Lazaar Nadia: The use of outer space and its repercussions, a master's thesis submitted to the Faculty of Law - University of the Brothers Mentouri Constantine, Algeria, 2013-2014.

- Mishkat Al-Nur Ahmed Abdullah: The Legal System of Outer Space: A master's thesis submitted to the Law Department at the Faculty of Graduate Studies - Al-Neelain University, Sudan, 2018.

Third - Research and Journals:

- Ahmed Fawzi Abdel Moneim: The principle of peaceful use of outer space in light of the development of military activities, a research published in the Journal of the International Law Forum, Faculty of Economics and Political Science - Cairo University, Egypt, 2012.

- Osama Hamza Mahmoud Abdel-Fattah: The legal system for removing space debris in light of the provisions of international space law, a research published in the Journal of Legal and Economic Studies, Faculty of Law - Sadat City University, Volume 4, Number 1 ,Egypt, 2018.

- Raghda Mahmoud Al-Bahi: The Militarization of Outer Space, an Analytical Vision, a research published in the Journal of the Faculty of Politics and Economics - Faculty of Politics and Economics, Beni Suef University, Issue 16 ,Egypt, 2022.

- Maher Jamil Abu Khawat: International Protection from the Dangers of Space Debris, research published in the Journal of Legal and Economic Studies, Faculty of Law - Sadat City University, Volume 6, Issue 1 ,Egypt, 2020.

- Muhammad Al-Majzoub: Outer space is a divergent field for an upcoming crushing war, research published in the Lebanese National Defense Magazine, Lebanese Army Command, , Issue 107 ,Lebanon, 2019.

- Monad Fateha: The extent of the legitimacy of military reconnaissance and espionage from outer space using satellites, a comparative study, a research published in the Journal of Algerian Public and Comparative Law, Faculty of Law and Political Sciences - University of Djilali Liabis, Sidi Bel Abbes, Volume 4, Number 2, Algeria, 2018.

Fourth - International Treaties:

- The Second Hague Convention Respecting the Laws and Customs of Land War of 1899.

- The Treaty Banning Nuclear Weapon Tests in the Atmosphere, Outer Space and Under Water of 1963.

- The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

- The First Additional Protocol to the Four Geneva Conventions of 1977.

- The 1977 Convention on the Prohibition of the Use of Environmental Alteration Technologies for Military or Any Other Hostile Purposes.

- The agreement regulating the activities of states on the surface of the moon and other celestial bodies of 1979.

- Vienna Convention for the Protection of the Ozone Layer of 1985.

- Draft International Instrument for the Protection of the Environment from Damage Caused by Space Debris for the year 1991.

Fifth - National Legislations:

- Law No. 12 of 2019 regulating the UAE space sector.

Sixth - International Documents:

- The potential human cost of using weapons in outer space and the protection provided by international humanitarian law, a position paper submitted by the International Committee of the Red Cross to the Secretary-General of the United Nations on the issues identified in General Assembly resolution 75/36 of 7 April 2021.

- United Nations General Assembly Resolution No. 62/217 of December 22, 2007 regarding space debris mitigation guidelines developed by the Committee on the Peaceful Uses of Outer Space, document number a/62/20.

Seventh - English books:

- Dale Stephens and Cassandra steer: Conflicts in Space International Humanitarian Law and its Application to Space Warfare, Annals of Air and Space Law, vol 40

- Robert David Onley: Death from above - the weaponization of space and the Threat to international humanitarian law, Journal of Air Law and Commerce, Volume 78, Issue 4, 2018.

Published

2023-10-30

How to Cite

Ahmed, D. B. S., & Hameed, L. K. (2023). The military uses of outer space and the damages resulting. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 7(4), 248–268. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/46