Jurisdictional Complexities In Outer Space: Who Governs Crimes Committed Beyond Earth?
- IJLLR Journal
- 1 day ago
- 1 min read
Sharvari Burde, Symbiosis Law School, Pune
Introduction
A NASA astronaut reportedly hacked into her estranged husband's bank account in August 2019, aboard the International Space Station (ISS), invoking questions about criminal law applicable in space. Both parties were U.S. nationals and it happened on the ISS, which is under an international treaty that allocates jurisdiction based on nationality. U.S. law became relevant as a result. Cases of dual nationalities, varying nationalities, or deeds outside of the ISS might complicate jurisdiction.
With more than 50 nations participating in space activities and 95 members of the UN Committee on Peaceful Uses of Outer Space by 2020, the legal consequences of growing space activity are considerable. The OECD points out that technological innovation has accelerated outer space activities, increasing legal challenges, particularly regarding jurisdiction.1
Space plays a role in health, agriculture, disaster mitigation, communication, and others. Technologies such as scratch-resistant glasses and freeze-drying have Earth applications. With the expansion of space tourism, military activities, and private initiatives, criminal activity in space can increase, making current legal frameworks obsolete. Despite attempts to demilitarize space, it is
already militarized.
Space, as the High Seas, is res communis—owned by everyone, not any one state. Classical jurisdictional rules—nationality, universality, protection, and effects doctrine—are constrained in space because there is no state sovereignty. Space law forbids national appropriation, so Earth-based legal principles may not apply completely.
This article investigates which criminal law applies to space and addresses extraterritoriality, identifying existing space law, jurisdictional issues, and classifying crimes into three categories: those on the ISS, on commercial space vehicles, and in space outside structured vessels.
