Informace o publikaci
The Final Frontier or the Final Panopticon? Reconciling Space Law, the Law of Armed Conflict, and Data Protection
| Autoři | |
|---|---|
| Rok publikování | 2026 |
| Druh | Stať ve sborníku |
| Konference | 2026 18th International Conference on Cyber Conflict: Securing Tomorrow |
| Citace | |
| www | Plný text sborníku |
| Klíčová slova | armed conflict; human rights; privacy; remote sensing; space technologies |
| Popis | Space technologies are vital to modern life and armed conflicts. The Viasat cyberattack formed part of the Russian aggression against Ukraine, while Starlink ensured operational efficiency for Ukrainian forces. Remote sensing and GNSS provide crucial strategic advantages and remain indispensable to contemporary militaries. However, given the dual nature of the related infrastructure, there are also risks regarding data protection and privacy. In peacetime, legal frameworks and regulatory mechanisms exist to safeguard these fundamental rights. However, the applications of these frameworks become considerably more complex and challenging to enforce during armed conflict, creating a less explored intersection between privacy/data protection, law of armed conflict, and the jurisdictional challenges of space. In military decision-making, even in connection to space activities, law serves as one of the boundaries for what we deem ethical or acceptable by society when pursuing operational and strategic goals. Legal rules and norms serve as constraints on decisionmaking during armed conflict. Given the complex legal and other obligations, mapping them in advance is essential, as uncertainties decrease decision-making speed and increase related risks. The paper focuses on situations in which the law of armed conflict is ambiguous or silent, rendering it ineffective as an actionable decision-making constraint. It explores whether and to what extent privacy remains a legal and ethical concern within armed conflict in the space domain or other domains relying on space technology. This analysis serves as a mapping study of the related obligations and their interaction, complexities, and uncertainties. By clarifying the relevant legal regimes through the case study of privacy and data protection, the paper concludes that outer space should no longer be understood merely as a transportation or supportive domain, but rather as a persistent domain in which armed conflicts may take place. |