3I/Atlas, the third observed interstellar object in human history to enter our solar system, has been turning heads recently.
The scientific consensus is that it’s a natural object (a comet), though supposed anomalies like its alleged lack of a tail (and brightness) have drawn attention.
Still, a small minority have speculated it could be an extraterrestrial structure.
While the latter theory lacks corroborating evidence, 3I/Atlas raises an important “What If?” question:
How would humanity legally approach conflict if we ever encountered intelligent extraterrestrial life?
The Hypothetical
It’s not a given that intelligent celestial life would be adversarial.
An alien civilization could have entirely different value systems, perhaps not even understanding human concepts like anger or fear.
Yet we also can’t assume such beings would regard Earth peacefully. Just as humans often act indifferently toward insects, an advanced civilization could treat us similarly, intentionally or not.
The Legal Frontier
If we indulge this thought experiment, whether about 3I/Atlas or its predecessors Oumuamua (2017) or 2I/Borisov (2019), key legal questions emerge:
- Do jus ad bellum rules on the use of force (which generally prohibit attacks against sovereign states) apply to non-human entities?
- Does the Law of War (aka LOAC), including rules on combatant status, civilian protection, and specific weapon prohibitions, extend to extraterrestrial conflict?
- Does human rights law apply beyond humans?
- And does the Outer Space Treaty, which never contemplated alien life, provide any legal framework at all?
The Bottom Line
From a legal perspective, this raises overarching fundamental questions:
What is the plan for legally approaching potential encounters with extraterrestrial life, and would we extend international legal protections to such encounters?
These questions may sound far-fetched.
But as interstellar objects like 3I/Atlas enter our solar system and as missions to Mars, Europa, and Enceladus advance, it is timely to consider such questions.
Exploring these “What If?” scenarios can help policymakers and defense planners prepare for the unknown before it arrives.
Conflict Orbit is a private law firm dedicated exclusively to Law of War compliance and related national security issues.
Disclaimer: Conflict Orbit is a private law firm. The views are informational (not legal advice) and those of Richard Waring in his private capacity. Viewing or responding to this post does not create an attorney-client relationship. There is no guarantee of results.
South Carolina Office Address: 40 Calhoun St., Charleston, SC 29401
D.C. Office Address: 1050 Connecticut Ave. NW, Washington, D.C. 20036