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All Journal Al-Mizan (e-Journal) Priviet Social Sciences Journal
Muthia, Nuriyah Fara
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Dual use satellites in the Ukraine conflict: The dilemma between state sovereignty and the principle of non-militarization of outer space Muthia, Nuriyah Fara; Muhni, Afif; H., Nurisnah
Priviet Social Sciences Journal Vol. 5 No. 10 (2025): October 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i10.715

Abstract

The increasing reliance on commercial satellite networks during armed conflicts has revealed substantial deficiencies in international space law. The Russia–Ukraine conflict serves as a pivotal case study, wherein Ukraine's utilization of SpaceX's Starlink satellite constellation for military communications obscured the distinction between civilian and military objects. This dual-use characteristic poses challenges to the traditional principles of international law, including state sovereignty over airspace, as delineated by the 1944 Chicago Convention, the freedom of outer space, as established by the 1967 Outer Space Treaty, and the principle of distinction under international humanitarian law. This study employs doctrinal legal analysis to assess whether dual-use satellites should be deemed legitimate military targets and to what extent states are accountable for the actions of private space actors. It contends that existing frameworks inadequately address the militarization risks posed by commercial satellites in low Earth orbit. The study concludes that new normative measures – whether through treaty amendments, interpretive declarations, or soft law instruments – are urgently needed to reconcile the competing principles of state sovereignty, civilian protection, and non-militarization of outer space.
Implikasi Hukum Terhadap Peningkatan Sampah Ruang Angkasa Akibat Aktivitas Komersialisasi Ruang Angkasa Muthia, Nuriyah Fara; Sumardi, Juajir; Maskun, Maskun
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4620

Abstract

This research aims to analyze the legal implications of the increase in space debris generated through space commercialization activities. This research uses a normative legal method using a qualitative approach to determine the application of law in commercial activities carried out in space. The results of this study, namely: (1) the increase in space junk cases caused by commercial activities in space is increasing until 2022 due to various satellites being launched and causing junk to scatter freely in space. The rules of the Outer Space Treaty 1967 are still unable to guarantee legal certainty so that all parties carrying out commercial activities in space obey them; (2) the calculation of damage caused by commercial activities in space will result in liability that has been regulated in the Space Liability Convention 1972 that there are two legal principles governing the responsibility for compensation carried out by all parties in space, both state and private parties.
Co-Authors H., Nurisnah Juajir Sumardi Maskun Muhni, Afif