Your company invests millions to launch a satellite for telecom, weather, or imaging.
Then a great partnership opportunity opens up with the U.S. military. With it, new risks.
Because your satellite is now dual-use (i.e., both civilian and military use).
And depending on its use, foreign nations may argue your satellite is a military objective under the Law of War and therefore targetable.
⚠ The Risk in Practice:
◾ Russian officials have stated that commercial satellites being used in the war in Ukraine could be deemed military targets, according to Reuters.
◾ Similarly, Chinese military-affiliated research has explored “ways to hunt and destroy” SpaceX’s Starlink satellites, according to the Associated Press.
Both nations are advancing kinetic and non-kinetic anti-satellite (ASAT) solutions to protect their national security interests in space.
Translation: your dual-use satellite and the civilian services it powers may eventually be at risk (if not already).
⚖ The Proactive Strategy: risk assessment and mitigation.
This includes assessing your contracts, technical configurations (from a compliance perspective), and operational use-cases to identify risks and reduce the chances of being blindsided.
The government may offer some support, but it’s up to you to put internal policies and compliance programs in place to further mitigate the risks.
Innovative risk assessment and mitigation may be the difference between maintaining operational viability and facing the risk of being targeted.
Because the question isn’t if dual-use satellites will be threatened. It’s whether your company is strategizing how to reduce that likelihood.
🚀 Conflict Orbit is a private law firm dedicated exclusively to Law of War compliance. If your company is developing or operating satellites, now is the time to assess your exposure.
Richard Waring
Conflict Orbit
South Carolina Office: 40 Calhoun St., Suite 250F, Charleston, SC 29401
D.C. Office: 1050 Connecticut Ave., Suite 500 #5029, Washington, D.C. 20036
Disclaimer: Conflict Orbit is a private entity unaffiliated with the U.S. Government. The views expressed are solely those of Richard Waring in his private capacity. This post is for general informational purposes only and does not constitute legal advice. Viewing or responding to this post does not create an attorney-client relationship, nor should this be interpreted as a guarantee of results. All information presented is based on publicly available sources.
Licensed to practice law in South Carolina and in the District of Columbia (D.C.).