From exploration and resource extraction to AI and remote sensing, commercial space companies now play a key role in U.S. space operations in the global space competition.
But are they overlooking a significant risk?
Here’s a key question: Does the Law of Armed Conflict (LOAC) apply to commercial space companies?
· The short answer: It can.
Under the Outer Space Treaty (OST), space activities must comply with international law (LOAC included).
LOAC is binding on all nations via customary international law, regardless of treaty signatory status. It’s also widely recognized that a nation’s contractors are bound by LOAC.
· So, defense contractors in space are generally bound by LOAC.
· But, even purely commercial space companies are not off the hook.
Why?
The treaty holds nation states internationally liable for non-governmental entity violations in space, meaning private company action can expose the U.S. to legal risk.
Companies engaged in exploration, resource extraction, telecommunications, remote sensing, cyber, AI, navigation, and/or dual-use technologies (i.e., civilian and military applications) may face elevated legal exposure under LOAC.
If your space company touches any of the above functions, and as space competition heats up, it is a good idea to assess your LOAC compliance and legal risk posture.
Conflict Orbit is a private law firm dedicated exclusively to Law of War compliance.
Disclaimer: Conflict Orbit is a private entity unaffiliated with the U.S. Government. The views expressed herein are solely those of Richard Waring in his private capacity and do not reflect the official policy or position of the Department of Defense, U.S. Army, or any government agency. 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 legal information presented is based on publicly available sources. Richard Waring is licensed to practice law in South Carolina.
Richard Waring
Conflict Orbit
521 Folly Rd., Suite 102
Charleston, SC 29412