Electronic Combat in Space: Examining the Legality of Fielding a Space-based Disruptive Electromagnetic Jamming System

Publisher Marketing: Significant debate surrounds the concept of "peaceful use of space" as delineated in various international treaties and espoused in the United States (US) Space Policy. The US view allows military space applications. One remaining frontier concerning military use of space is placing weapons in orbit. There is an ever-increasing desire to breech that frontier. Along with lasers and kinetic energy weapons, disruptive electromagnetic jamming (EM jamming) (under the auspices of electronic attack (EA)) is one topic deserving exploration. Within that context, what are the legal limits concerning the fielding of a nonlethal Electronic Counter Measures capability in space? The potentially aggressive yet nonpersistent effect of EM jamming blurs the lines between military support and military weapons. This thesis examines the various international and domestic treaties, laws, and policies to determine if restrictions to fielding EM jamming in space exist. Ancillary issues examine majority interpretation of "peaceful use," what constitutes "space," determining if EM jamming qualifies as a weapon, and whether all weapons are prohibited from being placed in space. Legal determination concerning fielding a space-based EM jamming system is a necessary step toward developing and employing such a capability for the US military.