Electronic Combat in Space: Examining the Legality of Fielding a Space- Based Disruptive Electromagnetic Jamming System

摘要

Significant debate surrounds the concept of 'peaceful use of space' as it is delineated in various international treaties and in United States Space Policy. The U.S. interpretation of that concept allows for military space applications. Within this context, the author explores the following question: What are the legal limits concerning the fielding of a nonlethal electronic countermeasures capability in space. The potentially aggressive yet nonpersistent effect of electromagnetic jamming (EM jamming) blurs the lines between military support and military weapons. This thesis examines the various international and domestic treaties, laws, and policies to determine whether restrictions to fielding EM jamming in space exist. Other topics that are examined are as follows: What is the majority interpretation of 'peaceful use of space'; Where does outer space begin; What is a weapon; Does EM jamming qualify as a weapon; and, Are all weapons prohibited from being placed in space. A legal determination regarding the fielding of a space-based EM jamming system is a necessary step towards developing and employing such a capability for the U.S. military.