State Responsibility and Commercial Satellite Systems in Armed Conflict

The militarization of outer space is increasingly driven by military reliance on commercial space infrastructure. Privately owned and operated satellite systems are able to provide critical communications, navigation, and intelligence capabilities that have become essential to modern military operations on Earth. These systems are typically inherently dual-use, designed for civilian purposes but easily adaptable to military use. International space law, however, remains rooted in outdated assumptions regarding State ownership and control, raising questions about its capacity to regulate this evolving form of militarization. This paper examines why existing international frameworks struggle to address military reliance on privately owned satellite systems, using SpaceX’s Starlink involvement during the Russia-Ukraine war as an illustrative case. Starlink’s rapid integration into Ukraine’s military operations highlights a growing disconnect between operational realities and legal applications. This analysis argues that this disconnect reflects a mismatch between traditional State-centric responsibility foundational to international law and the privatized nature of today’s space activities. This paper first examines the evolution of modern militarization, from traditional weapons-based conceptions to the rise of infrastructural militarization through commercial satellite systems. It then assesses the limitations of existing legal regimes, demonstrating their reactive nature and inability to constrain militarization ex ante. It then turns to State responsibility, primarily under Article VI of the Outer Space Treaty, arguing that while this offers the most appropriate mechanism for addressing private actor involvement, it remains underdeveloped. Ultimately, this paper identifies a responsibility gap in which conduct shaping the militarization of outer space is legally recognizable yet effectively unregulated. It concludes that without clearer articulation and enforcement of State responsibility, the normalization of military dependence on commercial satellite systems will continue to outpace the law governing outer space activities.