By Wukatwe Charles Wakji

Demilitarization of outer space and celestial bodies implies the banning of activities that pursue military aims in peacetime. This ban may be partial or total. In the case of partial demilitarization, the ban covers the types of military space activities by states that have been strictly defined by international agreement; in the case of total demilitarization, it extends to all activities that pursue military aims in peacetime. The demilitarization of outer space should be distinguished from its neutralization, which implies the total or partial exclusion of outer space and celestial bodies from the sphere of military operations in the event of an armed conflict.

Article IV of the Outer Space Treaty 1967 provides:

States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.

The Moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the Moon and other celestial bodies shall also not be prohibited.

This Article reaffirms a similar provision in United Nations General Assembly Resolution 1884 (XVIII), which urged refraining “from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies”. The provision of this Article provides for the total demilitarization of the Moon and other celestial bodies and partial demilitarization of outer space.

In paragraph 1 of this Article, parties to the treaty are under a legal obligation “not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner”.

Paragraph 2 of this Article, while focusing entirely on celestial bodies, forbids their use for the establishment of military bases, installations or fortifications, the testing of any kind of weapons, or the conducting of military manoeuvres. However, it explicitly permits the employment of military personnel for scientific or for “any other peaceful purposes”. However, the Outer Space Treaty nowhere explains what it means by “peaceful purposes”.

To secure compliance with its arms control provisions, the Outer Space Treaty has adopted a concept of inspection which entitles the contracting parties to “free access to all areas of celestial bodies” (see Article I(1) of the Outer Space Treaty, 1967) and, in particular, to “all stations, installations, equipment and space vehicles on the moon and other celestial bodies” (see Article XII of the Outer Space Treaty, 1967).

However, the Space Treaty, attaches two conditions to the exercise of the right of inspection: It is to be exercised “on a basis of reciprocity” and then only after “reasonable advance notice” of a planned visit is given and “appropriate consultations” between the parties involved are held. The condition of “reciprocity” naturally raises a suspicion that it affords the unwilling party an opportunity to nullify the right of inspection. With the exception of a clause banning the placing of weapons of mass destruction in orbit, the Space Treaty contains no other provisions designed to curb the arms race in the “void” of outer space.

While the Outer Space Treaty prohibits activities which have not yet been undertaken, such as the stationing of destructive weapons in orbit, and bars military installations on celestial bodies before the first astronaut has even landed on the celestial body nearest to the earth, the Treaty did not preclude states from continuing their current military space programs.

In the present absence of such agreement, international documents refer to the exploration and use of outer space for peaceful purposes exclusively merely as a goal to be pursued. Thus, the preamble to the treaty speaks of “the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes” and of the desire “to contribute to broad international cooperation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes.

Wukatwe Charles Wakji Esq can be contacted via charlzwakji@gmail.com

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