As commercial satellites support both civilian and military functions, defense and space companies should understand when those dual-use systems could be viewed as legitimate military objectives by foreign adversaries.
Such targeting can put their imaging, telecoms, and other civilian functions at risk.
Generally, under the Law of War, a dual-use satellite may be targetable only if:
It makes an effective contribution to military action; and
Destroying, capturing, or neutralizing it offers a definite military advantage (while also satisfying the principles of necessity, distinction, proportionality, and humanity)
So, dual-use alone doesn’t make a satellite a lawful target, but some states have taken assertive positions. China and Russia have publicly indicated certain commercial satellites supporting overseas operations could be targetable.
The Challenge: civilian and military functions are inherently intertwined in dual-use satellites, increasing the risk that an adversary may interpret Law of War principles in a way that favors targeting.
The Key: Companies operating dual-use satellites should conduct routine risk assessments and mitigation planning to protect mission-critical and civilian functions.
Conflict Orbit is a private law firm focused on Law of War compliance and related national security issues. If your company employs dual-use satellites, proactively tracking the risks and mitigating them is the way.
Disclaimer: Conflict Orbit is a private law firm. The views are informational only (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