Abstract
Outer space is becoming increasingly contested and existing approaches to identifying prohibited force in outer space lack a systematic foundation, hindering their application to novel challenges such as temporary interference with critical satellites or threats involving commercial space actors. This article addresses this gap by developing the first comprehensive, multifactorial legal framework for identifying a prohibited use of force in outer space. This framework provides a structured method for analyzing non-kinetic actions, temporary effects, and persistent hazards like space debris. It fundamentally advances existing legal approaches in three ways. First, it establishes when States can be implicated in a violation of jus ad bellum through the activities of commercial space actors, even absent traditional attribution requirements, due to Article VI of the Outer Space Treaty. Second, it redefines the concept of victim States of space-based uses of force, offering legal criteria that account for the complex operational realities of space activities, including shared satellites, hosted payloads, and multinational reliance on space-based services. Third, it demonstrates how interfering with critical space-based services or creating space debris through kinetic anti-satellite tests can qualify as prohibited force, addressing scenarios that transcend conventional notions of inter-State force. Through this systematic analysis, the framework operationalizes Article 2(4) of the UN Charter for contemporary space activities, offering a principled method for evaluating unprecedented challenges to international peace and security in the space domain.
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