Celestial Ceiling or Humanitarian Abyss?: The Complexities of Applying International Humanitarian Law to Outer Space

Abstract

As outer space evolves from a domain of exploration to a potential theater of military operations, this Article addresses the critical legal gaps at the intersection of international humanitarian law (IHL) and space law regimes. This Article identifies unique challenges in applying traditional IHL principles to orbital conflicts, particularly regarding the classification of dual-use space objects and the enduring consequences of space debris. After examining the inadequacies of conventional interpretive methods
such as lex specialis, this Article proposes a novel application of systemic integration pursuant to the Vienna Convention on the Law of Treaties. This methodological approach enables harmonization between IHL’s humanitarian protections and the Outer Space Treaty’s commitment to peaceful uses, providing a coherent framework for assessing military activities in space. Beyond theoretical analysis, this Article demonstrates how this approach would operate in practice through a case study of the
proportionality principle in space-based conflicts. The framework developed herein offers a balanced solution that respects both immediate humanitarian concerns and the long-term interests of all states in preserving access to space.