Criminal Jurisdiction In Outer Space: Current Framework And Challenges
- IJLLR Journal
- Jul 19
- 2 min read
Rishi Apte, Symbiosis Law School, Pune
Introduction
In the 21st century, outer space is increasingly becoming more and more accessible to private parties, corporations, and tourists, and not just state-led entities. As a result of this, legal systems around the world now face various challenges, especially with regard to the application of criminal law beyond the earth. The main question is, who has the authority to exercise criminal jurisdiction over the matters that occur beyond the terrestrial plane in situations where national sovereignty is not present.
An adequate criminal jurisdiction framework in outer space serves both a preventive and a remedial function. With the current number of multinational crews currently on the International Space Station (ISS), the growing popularity of space tourism, and with the prospect of future installations on the Moon or Mars, the possibility of criminal activities is no longer hypothetical. It can include traditional actions such as theft and assault, as well as high tech actions, like cybercrime and sabotage. International legal system needs to evolve to ensure accountability and protection of human rights and avoid a jurisdictional grey area that can hinder administration of justice.
This paper examines the legal bases of criminal jurisdiction in outer space, critically evaluates existing regimes and the limits imposed by them, identifies important gaps in space law, and proposes suggestions to create a more coherent, enforceable legal regime to facilitate more efficient justice when addressing current or future problems in space law.
Analysis
General Principles of International law
Since space is considered a common heritage of mankind, the laws governing crimes in space are a blend of general principles of international law, general international space law treaties, and specific agreements for particular space objects like the International Space Station.
