Common Law students called upon all states not to place weapons of mass destruction in outer space

By Common Law

Communication, Faculty of Law

Students
group
In a simulated meeting of the UN Security Council, convened on 18 November 2024, 20 Common Law students adopted a resolution calling upon all states to conduct their outer space activities in conformity with international law including the UN Charter, and not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction.

In the discussions leading to the adoption of Security Council resolution S/Res/2701 (2024), students considered two key questions: first, whether outer space activities raise any threat to international peace and security, requiring the Security Council’s intervention. They arrived at the conclusion that outer space activities pose several threats for the peace and security of mankind and deserve continued involvement of the Security Council in the matter.  

Second, the Security Council tacitly acknowledges the fact that it does not law have law making capacity and, therefore, calls upon the General Assembly and its subsidiary bodies such as the outer space committee and the conference on disarmament to continue fulfilling their mandates with respect to regulating outer space activities.  

The salient points of the resolution are as follows:

The resolution recognizes “immense value of the peaceful utilization of outer space, specifically with regard to the use of satellites to gather information on mineral resources, the weather, and climate change, and the great benefits that are provided by the efficient collection of this information to people on earth”. (Para 2)

The Council also calls upon all states to “conduct their activities in the exploration and use of outer space, including the Moon and other celestial bodies, in conformity with international law, including the Charter of the United Nations and the Outer Space Treaty, in the interest of maintaining international peace and security and fostering international cooperation, collaboration, and understanding”. (Para 1)

The Council further endorses “actions 27 and 56 of General Assembly resolution ARES//79/1, entitled “the Pact for the Future”, which commit to advancing further measures and appropriate international negotiations to prevent an arms race in outer space, and strengthen international cooperation for the exploration and use of outer space for peaceful purposes and for the benefit of all humanity”. (Preamble)

Threats posed by using outer space identified in the resolution are, among others, the possibility of placing weapons of mass-destruction in outer space, collision of satellites and debris produced by such a collision and other outer space activities. The resolution contains several paragraphs addressing these hazards.

Weapons of mass-destruction

It affirms “the obligation of all States Parties to fully comply with the Outer Space Treaty, including not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner or use these weapons to carry out or apply any form of threat of force on other states with the intention to cause destruction to objects or civilians on Earth …”. (para 11)

The resolution also calls on “Member States not to develop nuclear weapons or any other kinds of weapons of mass destruction specifically designed to be placed in orbit around the Earth, or to be installed on celestial bodies, or to be stationed in outer space in any other manner that could contribute to an arms race between states in outer space…”. (para 18)

It further Urges all States, “to responsibly utilize dual-use technologies and to refrain from conducting or supporting any military operation designed or expected to disrupt, damage, destroy or disable space systems necessary for the provision of essential civilian services …” (para. 14)

Concerning the debris produced by outer space activities, the resolution acknowledges that it poses “broader security risks than those relating exclusively to an arms race in outer space”. (preamble) Consequently, it encourages “the Committee on the Peaceful Uses of Outer Space to continue its work in developing ways and means of … mitigating the risk of space debris”.  (para 21)

In this regard, the Council also Calls on “Member States, in particular those States with major space capabilities, to adhere to the Space Debris Mitigation Guidelines in conducting space activities”. (Para. 22)

Finally, the resolution calls upon all member states “to adopt, revise, and amend, as necessary, national regulatory frameworks for outer space activities to ensure conformance with international law, space treaties, and other international instruments related to outer space activities” (para 19)

In preparation for the simulative meeting, the students were trained for two months in the Law of International Organizations class to prepare draft resolutions and to negotiate. Each student was assigned to represent a member of the Security Council, as well as other states interested in the topic. All students prepared a draft resolution and negotiated their drafts in four groups: Western and Other States Group (WEOG), Developing States Group, China and the Russian Federation Group and international organizations group represented by those organizations that have observer status in the United Nations. Each group came up with a single draft resolution which was the subject of further negotiations in groups meetings leading to the preparation of a consolidated draft resolution which was adopted by 12 votes in favor. The Russian Federation abstained, and two other states did not participate in the voting.

This simulated meeting was the eighth event organized by Dr. Mirzaei Yengejeh in his seminar of the Law of International Organizations. Previous simulated meetings of the Security Council were organized in January 2018 (on the situation in North Korea), fall 2018 (on the situation in Yemen), fall 2019 (on the negotiation between Iran and p5+1 over Iranian nuclear energy program), fall 2020 (on QOVID 19 Pandemic), fall 2021 (on the situation in Afghanistan), fall 2022 on the armed conflict between the Russian Federation and Ukraine, and fall 2023 (climate change as a threat to international peace and security).