Applying International Space Law and Jus ad Bellum to Uses of the Electromagnetic Spectrum in Outer Space

The electromagnetic spectrum (EMS) in outer space, in particular, the radio frequency spectrum, which forms a part of the EMS, serves a crucial function for transmitting signals between satellites in orbit and ground stations on Earth for the supply of essential services. For example, satellites rely upon the EMS to monitor natural disasters, track the spread of diseases, and provide navigation services for emergency personnel. For the purposes of this paper, such uses of the EMS in outer space shall be referred to as ‘constructive’ uses. The EMS can also be utilised for ‘obstructive’ uses such as temporarily interfering with or manipulating satellite signals (i.e., jamming and spoofing) and ‘destructive’ uses such as permanently damaging satellites and even terrestrial electronics (e.g., through directed energy systems). The obstructive and destructive uses can undermine the constructive uses, thereby posing risks to human life and well-being. As reliance on satellite systems and their constructive uses accelerates worldwide, managing these risks is increasingly relevant for disaster preparedness, critical infrastructure resilience, and international legal governance, requiring the careful examination of applicable legal frameworks. This paper adopts a human-centred approach to examining the international space law framework, including jus ad bellum, as a means of regulating and protecting satellite systems, their constructive uses, and the lives that they support. Further, this paper identifies legal lacunae and doctrinal ambiguities in the application of the international space law framework to the obstructive and destructive uses as areas requiring further research and policy discussions.