우주안보에 대한 국제법적 고찰- 국제인도법의 기본원칙 적용의 한계를 중심으로 -

Today, more and more states and stakeholders are expanding their space activities, raising increasing concerns about space security within the international community. These concerns include the dual-use of space objects, advances in space technology, and the development and deployment of weapons in outer space. While discussions about space security have been ongoing since the inception of space activities, early discussions primarily focused on the use of nuclear weapons and the deployment of other weapons of mass destruction. However, the current security situation, marked by the weaponization of space and evolving conceptions of outer space, necessitates a thorough analysis of the existing international legal regime and its limitations. The complexity of the space security situation has escalated in recent years due to ongoing militarization, weaponization, and the increasing use of dual-use space-related technologies. Worrying examples of space weaponization include anti-satellite (ASAT) weapons, kinetic energy weapons, directed energy weapons such as lasers, and the use of electromagnetic pulses (EMP). Given these developments, it is imperative to review and analyze the relevant norms in light of the possibility of armed conflict in space. This study aims to examine the international legal norms related to military activities in space, focusing on pertinent treaties and recent normative developments, and to draw relevant implications. Even though the international law of armed conflict is well-structured, there seem to be ambiguous legal issues when applying it to space. This study highlights the limitations of the international legal system in addressing these issues.