Percorrer por autor "Martins, Pedro Gil"
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- Shots in the dark: proportionality, distinction and legality of attacks in outer space, during armaed conflictPublication . Martins, Pedro GilThis study analyses how International Humanitarian Law is applicable to the conduct of hostilities in outer space in the absence of a body of legal norms specifically adapted to the conduct of hostilities in that domain. The key criteria are the principles of distinction, proportionality and precautions. The extension of hostilities between States to the space domain, in the event of open armed conflict, seems an inevitability, given the growing dependence of States’ military power on their space capabilities – especially for the most technologically advanced States. Methodologically, a legal-dogmatic, qualitative approach was adopted, based on a systematic analysis of the relevant sources of Law. The results of the study indicate that attacks on space objects, including dual-use ones, are in principle lawful as long as they fulfil the key criteria of International Humanitarian Law. The distinction between legitimate military targets faces particular challenges in outer space. The application of the principle of proportionality is especially complex, given the difficulty in predicting collateral damage, yet the rule requires foreseeability anchored in requirements of reasonableness and good faith. The adoption of precautions that are reasonable and feasible is indispensable to ensure compliance with the requirements of legality. The study, in the end and in systematic fashion, proposes interpretative guidelines to guide decision making in this new area of conflict.