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.