Does the Dual-Use of Space Objects Necessitate a New Geneva Convention?

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians. This Article examines the increased reliance of militaries around the world on commercial space assets by establishing if and under what criteria such dual-use systems can become lawful military targets as well as under what criteria commercial space operators could lose their protection under international humanitarian law. Eventually, this Article will demonstrate that the existing rules of international humanitarian law adequately address these dual use systems and their operators, rendering the call for a new Geneva Convention specifically for the space domain unnecessary. (Abstract from author.)