The Application Of International Humanitarian Law In Outer Space

The development of the militarization of outer space and the weaponization,and the flaws in existing international law have led to an increase in the possibility of armed conflicts in outer space.The fundamental purpose of international humanitarian law is to limit the means and methods of warfare of all parties to the conflict in order to minimize war disasters.Based on the existing international humanitarian law conventions,the provisions of the international treaties on outer space and the relevant decisions and advisory opinions of the International Court of Justice,there is a sufficient legal basis for the application of international humanitarian law to outer space.However,current international humanitarian law has developed mainly from the background of traditional land,sea and air warfare.There are few direct regulations concerning outer space.This poses a corresponding challenge for the specific application of international humanitarian law in outer space.The application of the basic principles of international humanitarian law in outer space must take into account its traditional development path and the specificity of outer space,including principles of proportionality,principle of distinction,etc.China should insist on the principle of no force being used in outer space.In the mean time,China should actively participate in the international process of clarifying the rules of international humanitarian law applicable to armed conflicts in outer space and formulate corresponding guidance manuals or rules for outer space operations.The full text consists of six chapters: The Chapter I mainly introduces the research purpose of this paper and the research status and development trend at home and abroad.The Chapter II briefly introduces the concept of related terms and the clarification of related terms in this paper.On the basis of legality and practice,Chapter III demonstrates the applicability of international humanitarian law in outer space;the IVChapter focuses on the analysis of the application of international humanitarian fundamental principles in outer space and its challenges,as well as the author’s viewpoints;Chapter V analyzes the operations means and methods that are prohibited by international humanitarian law;Chapter VI analyzes the strategic enlightenment of the application of international humanitarian law in outer space to China’s space security.