The European International Model United Nations 2014

The General Assembly

Prevention of an Arms Race in Outer Space Introduction

In January 2007, cold war worries were evoked as the People’s Republic of China made use of an anti-satellite (ASAT) weapon to destroy one of its defunct weather satellites. This test, apart from creating a dangerous amount of debris,1 highlighted China’s space warfare capabilities and therefore challenged American space power. More recently, after the Chinese missile launch into space in 2013, U.S. military space officials stated they would be taking steps to improve the resilience of security satellites in orbit.2 China’s actions, amid technological and scientific advances to which more and more countries have access to, bring the Prevention of Arms Race in Outer Space (PAROS) to the forefront of the international community’s attention.

It is unlikely that competition in this field will come to an end. Hence, a framework that allows states to cooperate and the world to benefit from the opportunities that space exploration represents for mankind is necessary. The weaponization of outer space is inextricably coupled to technological advances, therefore existing PAROS agreements —such as the Outer Space Treaty and the Moon Agreement— do not address more recent concerns. Furthermore, they allow for broad interpretations and do not lay out concrete actions. Clearly, the legal framework within which the international arena operates needs to be improved.

Bearing in mind the leverage that placing weapons in space would represent for a given state, the weaponization of space would create large shifts in the current balance of military power and endanger the state of current arms control agreements. In this light, the General Assembly, by discussing the implications of

1 Space debris are remains of spacecraft or natural components that still orbiting in space or have fallen to Earth.

2 See: http://www.reuters.com/article/2013/05/15/us-china-launch- idUSBRE94E07D20130515

1 the current technological and scientific developments, will seek to formulate a legal framework that facilitates cooperation and regulation on such matters. Moreover, in order to bring about cooperation, concrete transparency and confidence-building measures need to be put forth. Finally, the issues of safety, security and sustainability of outer space activities need to be taken into account when formulating long-term solutions to this problem.

Historical background

The militarization3 of space started when Sputnik 1, the first satellite was launched into orbit by the Soviet Union in November 1957. The events that followed determined the path of the Space Race between the United States and the USSR as, during the Cold War, the purpose of space exploration was, to a great extent, military. Two months after the launch of the first Soviet satellite, the U.S. attempted to do the same but failed, thus blowing the Vanguard TV3 –which would later be known as the Kaputnik. As a result, President Dwight D. Eisenhower established the National Aeronautics and Space Administration (NASA) in 1958. In the beginning of same year, the United States managed to successfully launch its first satellite, the Explorer 1. After this successful launch the Defense Nuclear Agency conducted Operation Argus, a series of missile and nuclear weapons tests. In the meantime,

3 Note that even though the terms “militarization” and “weaponization” are used interchangeably in the literature, they have different definitions. While the term “weaponization” refers to devices with destructive capacity, “militarization” is a much broader term that includes the development and control of technological devices that facilitate communication, navigation and surveillance. For more information visit: http://www.reachingcriticalwill.org/resources/fact-sheets/critical-issues/5448-outer- space

2 both countries worked on Anti-Satellite (ASAT) weapons designed to destroy satellites.

In April 1961, the USSR managed to conduct the first human space flight in history as Yuri Gagarin orbited the earth in the Vostok 1. In May, Alan Shepard, piloting the Freedom 7, became the first American to travel to space. A few weeks later, in line with the Apollo Program, President John F. Kennedy stated before congress: “I believe that this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the moon and returning him safely to the earth.”4 On July 20, 1969, Neil Armstrong, mission commander of the Apollo 11, became the first man to walk on the lunar surface. The end of the space race came with the Apollo-Soyuz mission in 1975. The Soyuz and Apollo crafts docked, the two mission commanders exchanged a handshake and American and Soviet astronauts conducted joint experiments while they visited each other’s ships. The mission symbolized the policy of détente both nations were pursuing at the time.

The Outer Space Treaty (formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) was opened for signature in January 1967 amid international concern over the weaponization of outer space. The treaty entered into force in October of the same year, thus preventing nations from expanding offensive capabilities in space.5 As a follow up, the Moon Treaty (formally the Agreement

4 See: http://www.jfklibrary.org/JFK/JFK-Legacy/NASA-Moon-Landing.aspx

5 See: http://disarmament.un.org/treaties/t/outer_space

3 Governing the Activities of States on the Moon and Other Celestial Bodies) sought to turn the jurisdiction over celestial bodies to the international community in 1975. However, given that the treaty has not been ratified by any nation who has launched or plans to launch manned space exploration, it is considered a failed treaty.

In March 1983, President Ronald Reagan proposed the Strategic Defense Strategy (SDI), which would protect the United States from attack by strategic ballistic missiles by using systems based in the ground and in space. The project was heavily criticized by the media and it was dubbed “Star Wars” as it was considered unrealistic and a threat to the stability of the Mutual Ensured Destruction (MAD) doctrine.6 Furthermore, it was considered that such initiative could spark a (second) arms race. More recently, after the U.S. withdrew from the Anti-Ballistic Missile Treaty7 in 2002, it has started to develop missile defense systems again. As a response, Russia dropped the Strategic Arms Reduction Treaty (START II) without delay. Both China and Russia have demonstrated anti-satellite capabilities –e.g. China destroyed one of its satellites in 2007.

Recent Developments and current situation

Currently, there are 1,167 operational satellites in orbit.8 Though it is estimated that 3,600 satellites (out of the 6,600 that have been launched so far) remain in orbit.9 These satellites are used for a wide array of purposes, among them communications, navigation, weather, research, military surveillance, space stations and human spacecrafts. These satellites serve military and civilian purposes —or both.

6 MAD is a military strategy in which the use of weapons of mass destruction would result in the obliteration of the attacker and the defender. 7 See: http://www.state.gov/www/global/arms/treaties/abm/abm2.html 8 Including lauches through 31 January 2014. See: http://www.ucsusa.org/nuclear_weapons_and_global_security/solutions/space- weapons/ucs-satellite-database.html 9 See: http://seattletimes.com/html/nationworld/2022236028_apxfallingsatellite.html

4 Apart from the United States and Russia, countries like China, Japan, India and Iran have invested large amounts in developing this type of technology. Alongside, the European Space Agency (ESA) with 20 member states has been investing in space exploration since its establishment in 1975.

Given the secrecy among states over defense policies, spy satellites (e.g. taking high-resolution photography or eavesdropping communication) are used to create early-warning systems on, among others, nuclear activities. Furthermore, military communication systems have improved situational awareness tremendously as real-time technology and high-speed communication facilitates swift reactions. However, as the world becomes more and more reliant on this kind of technologies, the threat of cyber-warfare becomes even more important.10

10 See for example: http://www.theguardian.com/science/2013/sep/11/outer-space- demilitarisation-weapons-technologies

5 Another implication of space exploration and the use of destructive technologies in space (e.g. ASAT) is the creation of debris. Space debris poses a great risks to active satellites and future exploration projects as even tiny particles orbiting at high speed can damage existing equipment and can create yet more debris. The US National Research Council warned that the amount of orbital debris had “reached a tipping point, with enough currently in orbit to continually collide and create even more debris, raising the risk of spacecraft failures".11

On the commercial sphere, companies such as Virgin Galactic have initiated space tourism projects –this in addition to the existing presence of navigation systems, radio and TV companies. Space tourism remains however a long-term endeavor due to the technologic and financial risks it entails.

The topic of the weaponization of space remains an issue of high importance as it could imperil the current state of weapons control agreements and it could dramatically shift the balance of military power. Therefore, the international community needs to take steps to bring about international cooperation in which all parties —and not only some regions— are included.

Existing Agreements Relating to Activities in Outer Space

The Outer Space Treaty,12 based on Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space13 which the General

11 See: http://www.bbc.co.uk/news/world-us-canada-14757926

12 Formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

13 See: http://www.unoosa.org/oosa/SpaceLaw/lpos.html

6 Assembly adopted in resolution 1962 (XVIII),14 was considered by the Legal Committee in 1966 and, in the same year, the General Assembly passed resolution 2222 (XXI) agreeing to it. The Outer Space Treaty provides a basic legal framework including the following principles:15

The exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;

Outer space shall be free for exploration and use by all States;

Outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;

States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;

The Moon and other celestial bodies shall be used exclusively for peaceful purposes;

Astronauts shall be regarded as the envoys of mankind;

States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;

States shall be liable for damage caused by their space objects; and

States shall avoid harmful contamination of space and celestial bodies.

The Outer Space Treaty has been ratified by 102 member states. In contrast, the Moon Agreement,16 which explicitly forbids the establishment of military bases,

14 See: http://www.unoosa.org/oosa/SpaceLaw/gares/html/gares_18_1962.html

15 Retrieved from: http://www.unoosa.org/oosa/en/SpaceLaw/outerspt.html

16 Formally Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. See: http://www.unoosa.org/pdf/publications/ST_SPACE_061Rev01E.pdf

7 military maneuvers and the testing of weapons, along with any threat or use of force on the moon, has only been ratified by 15 countries. This is considered a failed treaty as none of the space powers has ratified it.

Among other relevant treaties we have the Rescue Agreement (formally Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space), the Liability Convention (formally Convention on International Liability for Damage Caused by Space Objects) and the Registration Convention (formally Registration of Objects Launched into Outer Space).17

Relevant UN actions Every year the General Assembly's First Committee on Disarmament and International Security passes a resolution18 on PAROS as every country –except for the U.S., which mostly votes against and Israel, which mostly abstains– votes in favor of negotiating a treaty on PAROS. The issue of disarmament is dealt by the Conference of Disarmament (CD), which, though independent, reports to

17 For more information on UN Treaties and Principles on Outer Space, related General Assembly resolutions and other documents see: http://www.unoosa.org/pdf/publications/ST_SPACE_061Rev01E.pdf

18 For a list of the GA resolutions see: http://www.unoosa.org/oosa/SpaceLaw/gares/index.html#ARES_13_1348

8 the GA. In 2008, Russia and China presented the Treaty on Prevention of the Placement of Weapons in Outer Space and the Threat or Use of Force Against Outer Space Objects (PPWT)19. The U.S. has rejected this draft.

Recently the GA has passed resolutions drafted by Russia and China on Transparency and Confidence-Building Measures (TCBMs). Also, since 2012 a Group of Governmental Experts (GGE) gather with the purpose of improving international cooperation and reducing the risks of misunderstanding and miscommunication in outer space activities.

The topic of the Prevention of an Arms Race in Outer Space has been General Assembly’s agenda since 1958, year in which the an ad hoc committee on the peaceful uses of outer space was created (resolution 1348 (XIII)). Later, after assisting this committee, UNOOSA (United Nations Office for Outer Space Affairs) would become part of the Department of Political and Security Council Affairs. The Committee on the Peaceful Uses of Outer Space (COPUOS) met for the first time in 1962 and was transformed into the Office for Outer Space Affairs within the Department for Political Affairs in 1992. COPUOS supervises the implementation of treaties in this field. It has two subcommittees: the Scientific and Technical Subcommittee and the Legal Subcommittee.20 Recently the

19 See: http://www.reachingcriticalwill.org/images/documents/Disarmament- fora/cd/2008/documents/Draft%20PPWT.pdf

20 See: http://www.unoosa.org/oosa/en/COPUOS/copuos.html

9 committee adopted debris mitigation guidelines,21 approved a work plan for the United Nations Platform for Space-based Information for Disaster Management and Emergency Response (UN-SPIDER).22

Regional Agreements The European Union has been carrying out a multilateral initiative on an International Code of Conduct (CoC) for Outer Space Activities since 2007. The latest version of the document dates to 16 September 2013.23 The purpose of the document is to “enhance the safety, security, and sustainability of outer space activities” and “form a regime of transparency and confidence-building measures with the aim of creating mutual understanding and trust” The subscription to the Code is open to all states, though it is not legally binding.

Apart from the United States, Russia, China, France, Japan, India, Israel and Iran, most countries do not have serious space capabilities. Therefore, there are gaps in surveillance coverage. In the Americas, the Space Conference of the Americas has created a forum for continental cooperation in this field. To date, six conferences have taken place.24 Furthermore, the Asia-Pacific Space Cooperation Organization (APSCO), headquartered in Beijing, has sought to promote and strengthen the development of collaborative space programs since its inception in 2005.

21 See: http://www.reachingcriticalwill.org/images/documents/Resources/Factsheets/paros/debri s-mitigation-guidelines.pdf

22 For more information see: http://www.unoosa.org/oosa/en/unspider/index.html

23 See: http://eeas.europa.eu/non-proliferation-and- disarmament/pdf/space_code_conduct_draft_vers_16_sept_2013_en.pdf

24 See: http://www.minrel.gob.cl/minrel/site/artic/20100712/pags/20100712115704.html

10 Questions a Resolution Must Address (QARMAs)

In order to formulate long-lasting solutions to this issue, the General Assembly’s resolution needs to address the following topics:

1. Definitions One of the major difficulties of creating a binding legal framework is related to the lack of clear definitions of terms. For example:

• “Space” as countries do not seem to agree on where its boundaries lie and what are they determined by, • “Space weapon” as it is not clear if it is only something that can be fired or something that help search for and pursue military objectives, • “Peaceful” as this term could be interpreted to mean “non-aggressive” and therefore include military uses that are not inherently peaceful, • “Self-defense”, (dual-use) “satellites”, etc,

Hence, when writing a resolution, the General Assembly needs to define clearly the terms in it and bear in mind the different interpretations of the language used.

2. Compliance with existing agreements When proposing solutions to this issues, members states need to take into account existing treaties, conventions and other commitments related to outer space activities. Furthermore, should the committee wish to do so, member states could promote certain agreements by encouraging other states to adopt them and adhere to those agreements.

3. Transparency and confidence-building measures In order to bring about mutual understanding and an environment of trust that both prevents an arms race and makes it possible for the international community to benefit from outer space exploration, the General Assembly needs to bring forth concrete transparency and confidence-building measures. Member states need to address the following:

• Notification and consultation systems, • Information sharing and surveillance, and

11 • Cooperation in research and education on outer space affairs.25

4. Safety, security and sustainability of outer space activities The increased amount of space debris has made outer space exploration more dangerous. Therefore, the General Assembly needs to discuss concrete measures to:

• Limit the testing of technology or the practice of activities that could cause space debris, • Minimize the risk of accidents and collisions, and • Reduce the creation of space debris.26

25 For more information visit: http://www.un.org/disarmament/topics/outerspace/

26 For more information see: Space Debris Mitigation Guidelines of the United Nations Committee for the Peaceful Uses of Outer Space and the United Nations General Assembly Resolution 62/217 (2007).

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