Protecting Essential Civilian Infrastructure in Space Analysing State Practice in Light of 2023 ICRC Preliminary Recommendations

Abstract This article analyses the alignment between the International Committee of the Red Cross’s (ICRC) 2023 recommendations on military space operations and current State positions. The research focuses on the application of international humanitarian law (IHL) in space, particularly the principles of distinction, proportionality, precaution, and the choice of means of warfare. The research shows that while there is broad theoretical support for protecting essential civilian infrastructure in space, a crisis of framing and competing national interests hinders the transition from shared concerns to concrete, verifiable norms.

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Publication Details

Journal
Global Jurist
Published
2026-09-25
DOI
https://doi.org/10.1515/gj-2026-0050
Primary Topic
Space exploration and regulation
Type
article
Field-Weighted Citation Impact
0.00
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article

Protecting Essential Civilian Infrastructure in Space Analysing State Practice in Light of 2023 ICRC Preliminary Recommendations

Margherita Penna
Global Jurist
Space exploration and regulation
article

Protecting Essential Civilian Infrastructure in Space Analysing State Practice in Light of 2023 ICRC Preliminary Recommendations

Margherita Penna
article en

Abstract

Abstract This article analyses the alignment between the International Committee of the Red Cross’s (ICRC) 2023 recommendations on military space operations and current State positions. The research focuses on the application of international humanitarian law (IHL) in space, particularly the principles of distinction, proportionality, precaution, and the choice of means of warfare. The research shows that while there is broad theoretical support for protecting essential civilian infrastructure in space, a crisis of framing and competing national interests hinders the transition from shared concerns to concrete, verifiable norms.

Global Jurist
Ministry of Defence (IT)
Partnerships for the goals
Openalex Percentile: Top 11%
Space exploration and regulation
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