The Slow Atrophy of the Principle of the Peaceful Use of Outer Space

In the military strategies of the great powers, space is now playing a fundamental role, which is growing from day to day. The media continually convey news about the extraordinary development of military technologies applicable to space, and also about the deadlock that at present seems to block international negotiations on the matter. These considerations indicate the purpose of this study and justify its structure. This article examines the provisions that are currently in force with the aims of establishing what already exists and of revealing the gaps in existing legal instruments. Some assume that the largest loophole in the Outer Space Treaty is its failure to ban conventional weapons in outer void space. Others put in doubt that celestial bodies, which are reserved exclusively for peaceful purposes, are completely non-militarised. Finally, some States question the application of international humanitarian law to outer space. The aims of this paper are to address these issues and identify the limits States encounter in the military use of outer space.