Jurisdiction Beyond Borders: Addressing Criminal Accountability In Outer Space
- IJLLR Journal
- Aug 4
- 1 min read
Sumit Kundu, Symbiosis Law School, Pune
ABSTRACT
This paper addresses the intricate and ever-changing issue of criminal jurisdiction in the outer space, along with the swift advancement of human space exploration and commercialization. First, it lays out the foundational international legal instruments such as the Outer Space Treaty, the Rescue Agreement, and the Liability Convention, and evaluates their potential application to crimes committed beyond Earth. With the Anne McClain case on the International Space Station and comparisons with similar jurisdictions like Antarctica, the paper presents the conceptual gaps and enforcement woes behind space law. Issues emerging with multinational crews, the private sector, and environmental threats are also critically discussed. The paper proposes solutions to rectify some of these issues, such as a universal criminal code for space, a specialized international tribunal, and improvements to existing intergovernmental treaties, which will serve as the basis of a more resilient, pragmatic, and enforceable legal framework for the support of safe and cooperative human activities in outer space.
