The ‘Peaceful Purposes’ Principle and Space Weaponization: Legal Dilemmas and Future Directions

The international community faces an unprecedented challenge in establishing legal boundaries in outer space to prevent an escalatory arms race. This article aims to contribute to legal scholarship by addressing the question: How do existing legal frameworks govern space weapons, and what commonalities can inform the development of future legal initiatives? By conducting a thorough examination of four legal initiatives alongside the Outer Space Treaty (‘OST’) – the draft Treaty on the Prevention of the Placement of Weapons in OST (PPWT), the EU International Code of Conduct (‘ICoC’), the work of the Group of Governmental Experts (GGE) on the Prevention of an Arms Race in Outer Space (‘PAROS’) and of the Open Ended Working Group (‘OEWG’) – this study categorizes and analyses them across four categories relevant to the weaponization debate. Whereas these initiatives have largely stalled, they contain the views of certain groups of states that help inform a discussion on relevant matters of space arms control.The findings reveal substantial overlaps among these initiatives, illuminating pathways for future legal frameworks that can effectively regulate space weaponization. Furthermore, the nuanced interpretation of ‘peaceful purposes’ within the Preamble of the OST adds complexity to the legal landscape, revealing both shared commitments and divergences among the initiatives regarding its interpretation. While all four frameworks affirm the necessity for non-aggressive uses of outer space, they differ in their regulatory approaches. This article argues that adopting behavioral norms accompanied by a legally binding instrument represents a shift in space law suitable to address weaponization, providing a flexible and effective means to govern both intentional and unintentional harmful actions in space, thus contributing to safeguarding global security and the sustainability of outer space activities.