Presentation by the Red Cross opened the discussion of next year's theme for theInternational Humanitarian Law (IHL) Youth Action Campaign (YAC) Summit

In an event hosted by the American Red Cross legal interns, Matthew Eaton and Lacey Weynand, the 2024-2025 International Humanitarian Law Youth Action Campaign topic was unveiled, encouraging youth to consider human development in outer space and to weigh how emerging technology and satellites would likely affect warfare beyond our atmosphere.

From the first satellites launched into space in 1957 by the Soviet Union to the estimated nine thousand active satellites today, exploring the final frontier has its potentials and pitfalls, especially for the world's militaries. Satellites are not only vital in telecommunications and broadcasting services for civilian and scientific use but also for the military. As advances are made beyond the Earth’s atmosphere, international law must be considered, especially international humanitarian law. Space law is an important and rising factor, and notably how it could affect military advantage. Ensuring actions taken are for legitimate military purposes, knowing what is an acceptable military target in space, weighing the cost and outcome of an attack and civilian casualties, and weighing the impact on the atmosphere itself are all vital considerations. IHL’s four core principles–necessity, distinction, proportionality, and prevention of unnecessary suffering–should be key guidelines when considering military actions.

Existing treaties essential in the protection of the final frontier include the Partial Test Ban Treaty of 1963, which prohibits testing with nuclear weapons and explosions in the sea, atmosphere, and outer space. The Outer Space Treaty of 1967 emphasizes outer space usage for “peaceful purposes,” forbidding military bases, weapons (including weapons of mass destruction), and maneuvers on celestial bodies and in orbit. However, it does not prohibit all military actions in space when it comes to self-defense or gathering intelligence. The Due Regard Principal of the Outer Space Treaty was created to allow for cooperation and mutual assistance, with due regard to the interests of the parties. It is used to ensure that actions taken in space do not significantly contribute to the creation of debris that could cause Kessler syndrome, a phenomenon where space debris and other objects collide, potentially impacting satellites and technologies.

During the event, attendees discussed various case studies and considered treaties and laws to determine if actions were lawful and in a military's best interest. Attendees were asked to think deeply about how laws are determined to be broken or to prove justifiable actions, even if it could be argued they did more harm than good. These hypothetical situations raised questions regarding where these lines would be drawn, and how militaries could maneuver their actions to follow each treaty or principle effectively.

Other topics discussed related to military actions in space, including potential effects on technological advances. Scientists who work on space stations, depend on satellites, or are considering the field may be deterred from their line of work if no regulations prevent them from becoming military targets. It also creates a “gray area,” in Eaton’s terms, where government or military entities will push limits on their attacks, justifying unnecessary suffering under military operations.

SUMMARY: The 2024-2025 International Humanitarian Law Youth Action Campaign, hosted by American Red Cross Legal interns Matthew Eaton, focuses on the theme of Space Law and Armed conflict. Delving into space exploration's impact on warfare and the importance of IHL principles. Alongside the explanation of treaties such as the Outer Space Treaty of 1967 which promotes peace in space and prohibits military bases and weapons of destruction, ensuring the cooperation of many nations.