Experts call for update to Outer Space Treaty amid growing counter-space capabilities
A new report documents a range of anti-satellite systems being developed by 13 countries and says the 1967 Outer Space Treaty does not adequately address modern conventional weapons or verification mechanisms.
A recent analysis identifies five categories of counter-space capabilities being pursued by 13 nations, including the United States, Russia, China, India, Australia, France, Iran and Israel. The capabilities range from maneuverable satellites that can inspect, disable or retrieve other spacecraft, to ground-, air- or sea-launched missile interceptors designed to destroy satellites kinetically. The report also covers electronic warfare such as jamming, directed-energy weapons like lasers and high-power microwaves, and cyber operations targeting space-based networks.
Victoria Samson, chief director of space security and stability at the Foundation for the Advancement of Space Science, said that while the physical location of satellites is largely transparent through the United Nations Office for Outer Space Affairs register, the specific capabilities and intended uses are often opaque. She noted that the dual-use nature of many technologies makes it difficult to define what constitutes a weapon in orbit.
The analysis cites China’s 2021 test of a satellite equipped with a robotic arm capable of grappling and moving another object, which was used in 2022 to tow a defunct satellite out of orbit. It also references a U.S. warning from two years ago that Russia was developing a new anti-satellite weapon, a claim Russia denied. Former White House national security spokesman John Kirby said such a system would violate the Outer Space Treaty, but declined to comment on whether it could be nuclear-capable.
The Outer Space Treaty, signed in 1967, prohibits the placement of nuclear weapons or other weapons of mass destruction in orbit and declares space a global commons for peaceful use. Analysts argue that the treaty does not cover conventional weapons or provide robust verification mechanisms. Jessica West, senior researcher at Project Ploughshares, called for a “fundamentally changed” legal framework, while Michelle Hanlon, executive director of the Center for Air and Space Law, highlighted a gap concerning conventional arms.
Efforts to negotiate a new treaty have stalled because parties have not agreed on a definition of a space weapon. Samson explained that technologies used for satellite servicing, such as refueling, can also be repurposed for hostile actions like releasing debris, shining lasers or jamming signals.
The United States has emphasized space security, creating the Space Force in 2019 and proposing a “Golden Dome” missile-defense system that could involve space-based weapons. Russia’s 2021 anti-satellite missile test generated more than 1,500 pieces of debris, raising concerns about a cascade of collisions. Steven Freeland, emeritus professor of international law, warned that increasing debris could trigger an irreversible chain reaction. The European Space Agency tracks roughly 47,000 pieces of debris, with estimates of millions of smaller fragments in orbit.
With a comprehensive treaty unlikely in the near term, international discussions are shifting toward norms for responsible behavior in space, including measures to limit debris creation.