COLORADO SPRINGS, Colo. –
U.S. Space Command’s Office of the Staff Judge Advocate and the U.S. Air Force Academy’s Department of Law co-hosted the fifth annual legal conference Feb. 25-27, at the Academy’s Polaris Hall.
Over the three-day conference, legal professionals discussed a wide range of topics under the theme “Enabling the Decisive Advantage.” Discussions focused on the past five years of developments in the space domain as well as space law and policy, and what is likely to come ahead, to include how the rules-based international order in outer space can provide a decisive advantage for the U.S. and its allies in strategic competition.
Approximately 220 attendees participated in the conference in person, with more than 300 taking part online, including representatives from the U.S. military and government agencies, Allies from 11 countries, a range of commercial and academic partners, and cadets from the USAFA.
Unclassified panel discussions ranged the topics of “Developments in Applying the Law of Armed Conflict to Space Operations” to “Military Space Operations as an International Team Sport” to “Defending the Space Domain-The Growing Space Superiority Mission.” Attendees were privileged to hear an address by the UK’s Air Vice-Marshal Mark Phelps, the Royal Air Force Director of Legal Services. And new this year was a classified policy and legal working group for Multi-National Force Operation OLYMPIC DEFENDER (MNF-OOD), the framework within which the U.S. and allied nations conduct combined space operations to operate, secure, and defend the space domain. The working group included representatives from the U.S, UK, Canada, Australia, France, and Germany.
Gen. Stephen N. Whiting, USSPACECOM commander, opened his keynote remarks by highlighting the vital role of legal professionals in addressing complex space challenges amid growing space launches since the signing of the 1967 Outer Space Treaty.
“Space activity has rapidly democratized, driven by the emergence of new government and commercial players and groundbreaking technologies that are revolutionizing how we access and operate in space,” he said.
He added, “as we look forward to 2030 and beyond, we envision a future that is free, open, prosperous, and secure. Yet, we are fully aware that achieving this vision requires deliberate action.”
While the U.S. has likeminded Allies and partners who also champion responsible operations in space, Whiting said there are actors out there who pose growing threats “in, from, and to space” and these threats “span everything from terrestrial and on-orbit systems to cyber capabilities, putting space assets in all orbital regimes at risk.”
Mallory Stewart, former U.S. Department of State Assistant Secretary, Bureau of Arms Control, Deterrence, and Stability, echoed a similar sentiment in her remarks, highlighting the congested and competitive nature of the space domain. Adding that new technologies, emerging threats and broader challenges are currently not addressed in the existing international rules and principles.
She said that rules have driven successes in aviation, maritime, and transportation by standardizing communication, navigation, and safety protocols. These predefined interactions enhance efficiency and safety, creating a system of laws and norms that benefit all participants.
“Law and rules of responsible behavior that we collectively agree upon, that can be coherently and verifiably implemented, do not limit us, rather, they empower us,” she said.
Both speakers stressed one important rule in their remarks, communication in space operations to prevent misunderstandings and miscalculations.
Whiting said that China has had multiple launch events that have generated space debris. Debris in space endangers the safety of not only space systems but astronauts on the International and Tiangong Space Stations and future space exploration.
“China has repeatedly chosen not to share this information in a transparent and timely manner,” he said.
Stewart said that it can be difficult for the government and military to incorporate communication at its level, but having a basic communication method in place for space operators to discuss potential impacts is vital.
“The U.S. government has called countries in the past to warn them about some of the space debris that’s … speeding around the Earth … and we haven’t actually had anyone pick up on the other side, or we haven’t had a response,” she said.
Whiting said another significant concern is reports of Russia potentially considering the launch of a satellite capable of placing a nuclear weapon into Earth orbit, a weapon that would have indiscriminate effects and present a clear violation of the Outer Space Treaty. While the U.S. has prepared for this type of threat, he said, “a nuclear weapon on-orbit represents wanton irresponsibility.”
In the 2020 National Space Policy, space was recognized as a warfighting domain “as a result of competitors seeking to challenge United States and allied interests in space,” through the development of military capabilities in space. This recognition helped normalize space as an operational domain.
“If we normalize our approach … it should open doors to deterrence architecture and investments, to partnerships, and to establishing the norms of behavior required to keep [space] secure, stable and available and accessible,” said Maj. Gen. Brian Gibson, USSPACECOM Director of Strategy, Plans and Policy, during his remarks.
He highlighted the “unprecedented pace and scope of commercial activities” and the need to strike “a balance between fostering innovation and preserving the freedom of exploration.” He also identified the rapid growth of civil and military activities in space and the need for long-term space sustainability. Identifying that with these ambitions, comes strategic competition.
“The current strategic environment, while potentially driving technological innovation, also threatens international cooperation in space, and thanks to our international partners … more and more nations, even private entities stake their claims to exploit the advantage that it offers. Finding mechanisms for conflict resolution, ensuring the peaceful and sustainable use of space becomes even more paramount,” he said.
While the command continues to monitor the growing cooperation and technology exchanges between China, Russia, Iran and North Korea, USSPACECOM considers its Joint, Combined, and Partnered approach foundational to operational success and a true asymmetric advantage over adversaries and competitors.
Like all Combatant Commands, USSPACECOM operates under Title 10, tasked with planning for the employment of forces and responding, when necessary, to military contingencies; taking actions when necessary to deter conflict; and commanding the armed forces as directed.
In addition to the Title 10, Section 164 responsibilities that guide all combatant commands, USSPACECOM has five foundational tasks assigned to it by the President under the Unified Command Plan: Space Operations, Global Sensor Manager, Global SATCOM Operations Manager, Trans-Regional Missile Defense, and Space Joint Force Provider.
“We take our Title 10 obligations and UCP tasks so seriously that we frame them in terms of three moral responsibilities,” Whiting said; they include: to ensure delivery of space capabilities to the Joint Force, the Nation, and Allies; to achieve space superiority in order to protect and defend our assets; and to protect the Joint Force from space-enabled attack.
“These responsibilities guide everything we do, and laws and policies play a critical role in this framework, because they don’t just guide these moral responsibilities—they enable us to act decisively and effectively in fulfilling them.”
Whiting then posed questions for the audience to think about how to achieve the command’s objectives while balancing the importance of laws and policies, which establish boundaries “that reflect our values and commitments.” For example, noting that our strategic competitors are regularly disrupting our critical space capabilities, he asked the audience, “what are the legal options to respond to interference with the mission?” and “does electromagnetic interference violate the Outer Space Treaty?”
“I believe it’s time to normalize countering these threats in space, just as other combatant commands address challenges within their respective [areas of responsibilities],” he said.