Russia's Approaches to Strengthening the International
Legal Regime Prohibiting the Weaponization of Outer Space
and Efforts for Building an International Coalition in This Sphere
By Andrey
Vinnik
Department for Disarmament Affairs and Security
Ministry of Foreign Affairs, Russia
The paper is focused
on the attempts and ways for strengthening the existing international
legal norms related to PAROS issues, undertaken by Russia. It shows
the urgency and importance of ensuring the non-weaponization of outer
space. The specific attention is given to the activities on this issue
in the framework of the Conference of Disarmament, in particular,
in connection with the Russian-Chinise initiative on elaborating an
international agreement on non-placement of weapons in outer space.
It also enlightens the Russian input in broadening an international
support and multilateral co-operation in respect of PAROS issues.
Dear participants to the
workshop,
I would like to share
my personal views in respect of some aspects of strengthening the
international legal regime prohibiting possible placement of weapons
in outer space.
In the course of the past
decades the problem of prevention of an arms race in outer space (PAROS)
has occupied one of the central places on the disarmament agenda of
the international community. As we have recently seen, the international
community is paying increasing attention to the issue of outer space,
which is evidenced by this forum. I am convinced that such discussions
are useful for all their participants, because they enable to acquire
a better understanding of basic approaches to the area by both representatives
of various governments and non-governmental organizations and individual
experts.
From the very beginning
of outer space exploration era, military interests were a decisive
factor stimulating space activities. At the present time space assets
provide the effective solution of a lot of tasks both civil and military
character. Among them are: medical and biological researches; monitoring
of the environment; the control over emergency situations and liquidation
of their consequences; researches of natural resources. Achievements
of space technology are being actively used as an instrument ensuring
a reduction of nuclear war risk and control over the implementation
of disarmament agreements, and also in such auxiliary military purposes
as communication, navigation, global positioning systems, intellegence
and so forth.
All these, however, are
military uses of "supporting" nature. Outer space is not
- at least not yet - an arena where wars are fought, neither is it
so far a springboard for attacking targets on the ground or in the
air. Unfortunately, it can become precisely that, given plans for
development of outer-space-based striking weapon systems.
At the same time, the
information jerk of the world community in outer space without improving
international legal regulation can create the appropriate potential
of threat for mankind. And, indeed, speaking about space prospects
for the 21st century, we can not disregard the fact that scientific
and technological capabilities of a number of countries have now approached
such a level that enables them to implement military programs of preparation
for waging "star wars". There is no need to expand on such
programs' specific aspects - they are well known to experts. I would
like to emphasize only that Russia can not agree with the opinion
that "star wars", whatever are justifications for the need
for preparing to them, are "fatally imminent" allegedly
brought about by technical progress and the logic of the political
development of the modern world. Their realization would mean not
only the broadening of spheres of military rivalry, but its qualitative
spur fraught with unpredictable consequences.
Hence, it is obvious a
serious concern was expressed by the international community in connection
with outer space eventually transforming into a new arena of military
confrontation. It is reflected, for example, in the UN Secretary General's
message to the international conference "Outer Space without
Weapons as an Arena of Peaceful Co-operation in the 21st Century"
held in Moscow in April 2001: "We must guard against the misuse
of outer space and, in particular, against unleashing of an arms race
in outer space. The international community recognized early that
a legal regime for outer space was needed to prevent it from becoming
another arena of military confrontation".
It is necessary to note,
that such a sphere of military activity as the use of outer space
for military purposes certainly could not remain outside the sphere
of international law. During elaboration of the basic international
legal documents, which now adjust all activity on the use of outer
space, on its military component the certain restrictions were imposed.
The tasks of preventing
an arms race in outer space have been the focus of the international
community since the beginning of outer space activities in 1950s.
The debate on this subject followed two tracks, that of the (1) comprehensive
and complete disarmament (the ban on testing and deployment of WMD
on earth, in the air and in outer space; assurances by the outer space
powers that outer space be used exclusively for peaceful and scientific
purposes) and that (2) of partial disarmament measures (guarantees
that rocket launches designed to place outer space objects into orbit
do not serve military purposes, etc.).
Is it real under existing
conditions to expect to address successfully the task of preventing
weapons from going out into outer space? To answer this question let
us recall that even in the period of tough confrontation between East
and West the international community succeeded in achieving important
results in halting the most dangerous lines of militarization of outer
space. Thus, the 1963 Treaty on Banning Nuclear-Weapon Tests in the
Atmosphere, in Outer Space and Under Water vetoed such tests in outer
space. The 1967 Treaty on Principles Governing the Activities of States
in the Exploration and Use of Outer Space prohibited deployment of
all types of weapons of mass destruction in outer space and on celestial
bodies. An important sphere of bans was outlined in the 1977 Convention
on the Prohibition of Military or Any Other Hostile Use of Environmental
Modification Techniques, which included outer space.
The military activities
currently prohibited in outer space by the international law are as
follows:
However insufficient perfection
of the international legal regime, which carries out regulation of
military space activity, nevertheless leaves an opportunity to place
into outer space separate kinds of weapons.
The international law
does not prohibit such kinds of military activity, for example, as
placement in outer space of anti-satellite weapons; development and
deployment in outer space of optical-electronic and radio-electronic
jamming devices, etc.
In 1972 Moscow and Washington
while working out the ABM Treaty have found indispensable to include
in its text an obligation not to develop, test or deploy space-based
ABM systems or its components. With termination last year of the ABM
Treaty, this norm, relevance of which went far beyond the framework
of a bilateral Russian-American relations and had a global strategic
dimension, has seized to exist as well. And, here, it is worth bearing
in mind that often space missile defence technologies and anti-satellite
technologies are nearly the same thing.
The USSR played a considerable
role in the elaboration of legal machinery to prevent an arms race
in outer space by having proposed, as far back as in late 1950s, to
ban the use of outer space for military purposes and establish international
co-operation in outer space. The discussion of that initiative provided
an incentive to create in 1959 the Committee on the use of outer space
for peaceful purposes, which acquired, on a later stage, a permanent
status.
The Third UN Conference
on the Exploration and Use of Outer Space for Peaceful Purposes (UNISPACE-?)
adopted the Vienna Declaration on the role of outer space in the future
development of mankind, which emphasized the necessity of preventing
an arms race in space around the earth and of conducting outer space
activities solely for peaceful purposes in order to maintain international
peace and security.
The issues of preventing
an arms race in outer space have always been and continue to be among
the priorities of Russia's diplomacy. My country has more than once
launched initiatives in the area aimed at preventing weaponization
of outer space and reaffirming the principle of non-use of force in
outer space and from space against the Earth. Thus, of common knowledge
are the proposals made by the USSR to conclude a treaty to prohibit
deployment in outer space of any kind of weapons (1981) and to ban
the use of force in outer space and from outer space against the Earth
and from the Earth against outer space (1983). Those initiatives contained
specific verification measures aimed at preventing development, testing
and deployment of outer space combat assets. An attempt was made thereby
to specify in terms of a treaty the basic provision of international
law as applicable to activities in outer space, from the Earth vis-à-vis
the outer space and from space vis-à-vis the Earth. While these
initiatives have never been implemented, they gained a broad support
from the majority of the international community and promoted further
discussions on outer space issues. All key ideas of those draft documents
have not lost their relevance even today.
Russia's consistent policy
in the area is testified by the initiative launched by Russia's President
V.V.Putin at the Millennium Summit to convene in Moscow in April 2001
an international conference on the prevention of the militarization
of outer space to commemorate the 40th anniversary of the first manned
flight to outer space. Such a conference, held under the motto "Outer
Space without Weapons as an Arena of Peaceful Co-operation in the
21st Century", was focused on a dual objective - to discuss both
issues of preventing placement of weapons in outer space and future
peaceful use of outer space. During the Moscow forum, in which representatives
of more than 100 states took part, a serious concern was expressed
by the international community in connection with outer space eventually
transforming into a new arena of military confrontation.
At the 56th session of the UNGA Igor S. Ivanov, Minister of Foreign
Affairs of the Russian Federation, offered the world community to
start in the near future elaboration of an international agreement
directed at prevention of appearance in outer space of any kind of
weapons and we sketched out specific obligations that could underpin
such an agreement. Its new component is the proposal to declare a
moratorium on deployment of weapons in outer space, pending a relevant
agreement to the effect by the international community. My country
would be ready to undertake, without delay, such a commitment, provided
that other leading outer space powers join the moratorium.
From the point of view
of real and practically significant movement to the solution of the
PAROS problem, realization of measures of trust, openness and predictability
and expansion of multilateral co-operation in the sphere under discussion
is of great value. Realization of such measures could become the intermediate
stage on the way towards elaboration of international legal norms
on non-deployment of weapons in outer space and would promote ensuring
security in near space.
Russia has already made
a practical step in this direction. In October 2002 Igor S. Ivanov,
Minister of Foreign Affairs of the Russian Federation, stated the
readiness of the Russian side to agree to a new transparency and confidence-building
measure in the space domain, namely to provide in advance information
about the upcoming launches of space objects, their purpose and basic
parameters. Such information is already posted on the Russian MFA
website. We call upon states practising launches of space objects
to join in the implementation of this confidence building measure
in outer space.
In the context of efforts
on non-weaponization of outer space we see a clear necessity to solve,
in particular, missile non-proliferation problems, that is one of
the important components of activities in the PAROS sphere. In this
regard activities aimed at establishing a Global regime of missile
non-proliferation is among the main Russian priorities. Here we keep
constantly on the agenda the well-known Russian initiative on the
Global control system for missiles and missile technologies non-proliferation
(GCS), which we see as the basis of such a regime.
Taking into account that
last November the ICOC was signed in the Hague, it is imperative now
to ensure its effective implementation. Certainly, it takes time.
We will closely follow this process and will make our decision in
respect of when and how to convene the next meeting on the GCS.
As we understand, the
idea of PAROS is widely and convincingly supported by the international
community. The urgency of the need to solve the issue is affirmed,
in particular, by annual adoption by the overwhelming vote of the
UNGA resolution "Prevention of an arms race in outer space".
While adopting this resolution at the 57th UNGA session (A/RES/57/57),
159 states voted in its favour and no nation voted against.
The UNGA resolutions on
PAROS state that "the Conference on Disarmament, as the single
multilateral disarmament negotiating forum, has the primary role in
the negotiation of a multilateral agreement or agreements, as appropriate,
on the prevention of an arms race in outer space in all its aspects".
So to start work on the issue of PAROS is clearly an important responsibility
that the CD must fulfil.
Russia is in favour of
the prompt reestablishment of a CD Ad Hoc Committee on PAROS with
a negotiating mandate. We see a clear need for a legally binding document
on prevention of placement of weapons in outer space. Our Chinese
colleagues, as well, propose launching of the substantive discussion
in the CD on PAROS with a view to negotiating a relevant legal instrument.
The urgent need to start work on PAROS in the CD is reflected in the
5 ambassadors' evolving proposal, which hopefully all delegations
to the CD soon would be in a position to support.
Enhancing the efforts
for building an international coalition in the sphere of non-weaponization
of outer space, in June 2002 Russia together with China tabled in
the CD a joint working paper "Possible Elements for a Future
International Legal Agreement on the Prevention of the Deployment
of Weapons in Outer Space, the Threat or Use of Force Against Outer
Space Objects" (CD/1679). Co-sponsors of the paper were Belarus,
Indonesia, the Syrian Arab Republic, Vietnam and Zimbabwe.
In proposing the basic parameters of a possible future agreement in
the area of outer space we have taken into account the experience
of nearly nine year-long (1985-1994) work of the CD Ad Hoc Committee
on PAROS in the following basic directions:
examination
and identification of problems related to PAROS;
improvement of existing
agreements relating to PAROS;
existing proposals and future
initiatives on PAROS.
Discussions have focused
on such issues as the status of outer space and its use exclusively
for peaceful purposes; the need to prevent an arms race in outer space;
identification of a possible danger to the functioning of space objects;
interrelation between PAROS and arms limitation and disarmament; correlation
of bilateral and multilateral efforts on PAROS; terminological aspects
of outer space issues; need to improve existing legal regime of outer
space, including verification measures; confidence-building and predictability
measures in outer space activities.
Our predecessors have
already done a lot in preparing this issue for substantive negotiations.
We are convinced that since the Ad Hoc Committee on outer space discontinued
its activities in 1994 the issue of prevention of placement of weapons
in outer space and of the threat or use of force on orbit around the
Earth rather than losing its relevance, has only gained an added urgency.
It is precisely for that reason that we support adoption of all possible
measures to prevent placement of weapons of any kind in outer space,
so as not to be forced later on to waste a great amount of time and
effort on its "de-weaponization".
The Russia and China's proposal does not pursue the purpose to infringe
on interests of any state, it is directed at joint search of ways
of prevention of an arms race in outer space. The Russian side believes
that such possible agreement would facilitate the carrying out of
effective peaceful outer space activities and the development of multilateral
co-operation in this area in accordance with international law and
would strengthen legal norms for the protection of space objects already
in space and prospective space objects on the basis of the UN Charter-enshrined
principle of the non-use or threat of force in international relations.
We are proposing to enhance international legal protection of space
assets.
This document is not a
completely finished text of a future treaty. It covers only its main
elements, and the Russian side is ready to continue work on their
further improvement in co-operation with all states and invites them
to dialogue. Our objective was to start substantial discussions at
the CD on PAROS, which could result in the legally binding agreement.
All parties concerned are welcome to express possible specific proposals
on its substance and content and to share their views on ways of its
further promotion.
We, certainly, do not
consider the proposed language as carved in stone. We welcome a constructive
dialogue and are ready to take into account opinions of all interested
parties. We also find useful a contribution of NGOs, which, among
other things they do, have initiated a number of useful seminars on
the subject.
I would like to note with
satisfaction that a number of our partners have already shared with
us their vision and thoughts on CD/1679 and made concrete proposals
on improvement on the working paper's language. On the basis of these
views Russia and China have prepared an unofficial annex to CD/1679
which is a compilation of major comments and suggestions we have received
from partners in the period after its official submission at the Conference.
We prepared these compilation under our own responsibility in order
to stimulate further discussions and brainstorming on CD/1679 and
to try to make a further step in building an international coalition
in the sphere of non-weaponization of outer space. We are planning
to update this compilation regularly.
This compilation was distributed
at the meeting, sponsored on the Russian side's initiative and held
in Geneva this February, of all the member states and observers at
the CD to discuss the Russian-Chinese document. The keen exchange
of views at that forum has shown the growing and ever more active
support of the idea of keeping outer space free of weapons of any
kind and the necessity of holding negotiations in order to conclude
an international agreement to this effect. In this context most of
the speakers at the meeting spoke in support of the efforts by Russia,
China and a number of other countries, directed at the practical embodiment
of the provisions of the UNGA resolution on PAROS.
The joint Russian-Chinese
document was found to provide a good, concrete basis for subsequent
discussions on this theme. In the course of its informal discussions
the prospect of a truly productive debate within the framework of
the appropriate Ad Hoc Committee of the CD is becoming ever more clear.
And the majority of the CD member states ever more explicitly shows
readiness for vigorous substantive work on the preventing of placement
of weapons in outer space.
The Russian side is ready
to continue to work with all interested states on further improving
the possible elements of a future international legal agreement on
non-weaponization of outer space and on the search of a compromise
regarding the CD's work program.
We offer the positive
programme of actions on preventing placement of weapons in outer space.
We are ready for practical work in this area. We believe that urgent
beginning of this work within the framework of the Conference on Disarmament
answers interests of the whole international community.
To conclude, as the experience
of past decades shows, the issue of PAROS represents a strategic course
of Russia's foreign policy which is not subject to revision. In this
connection, we look forward to having a serious and constructive collaboration
with all interested countries, organisations and individual experts.
We are prepared to proceed with further improvement and modification
of our proposals until a compromise acceptable to all is achieved.
