“There was some shock at the time that those comments were made. But in the context of the law of war, the Russians are likely not wrong on that, because of the military benefits that those sorts of things can provide.
In Earth’s orbit, the lines of legitimacy are blurred as civilian objects used for military purposes may be targeted, warns US major
Musk’s Starlink satellites aiding Ukraine could be legally destroyed by Russia, says space law expert
- Under the Geneva Convention, countries involved in military conflict are banned from attacking civilian objects.
- But experts say the lines are becoming increasingly blurred, with satellite companies leaving themselves open to attacks either through cyber warfare or missile strikes.
- Russia, China and the US have already tested anti-satellite missiles, and have shown they have the capability to destroy satellites in orbit, while Russia has warned it will take action against private companies assisting enemy nations.
Speaking this week at the UK Space Conference in Belfast, Maj Jeremy Grunert, of the US Air Force Judge Advocate General Corps, said that companies needed to be careful about straying into conflicts.
“In the realm of the law of war, a nation needs to target military targets and to refrain from targeting civilian targets,” he said.
‘Starlink may be potential military target’
“But civilian targets could perhaps be targeted if it was providing a military benefit. So for example, right before the D-Day invasions, the bridges leading into Normandy and the railways leading into Normandy were all bombed because of the military benefit that was provided to the Germans. . .
“It’s the same thing in outer space and certainly, the way in which civilian systems like Starlink have been used for drone targeting - something that has proven to be somewhat controversial, even within the Starlink organisation itself - arguably would make Starlink a potential military target under the laws of war.”
Russia has already warned that the use of civilian infrastructure by Ukraine would make it a legal target.
Maj Grunert added: “There was some shock at the time that those comments were made.
“But in the context of the law of war, the Russians are likely not wrong on that, because of the military benefits that those sorts of things can provide.
“It doesn’t mean that civilian satellites would be targeted or targeted all the time. But it does mean that they potentially could be.”
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