Legal Aspects of Offensive Information Operations in Space

What, then, are the specific steps to follow in performing a legal analysis of offensive information operations in space? First, correctly identify the type and subtype of operation contemplated. The three types are intelligence collection, offensive operations through satellites, and offensive operations against satellites. The subtypes for each are listed in the second section of this paper. Second, determine if this type of operation, in the light of all relevant circumstances, rises to the level of a use of force. Although international legal academics are only now turning to this question, the one settled concept in this area is that an information operation crosses the Article 2(4) threshold when it produces effects comparable to those of a kinetic attack which would be thought of as having crossed the threshold. What more than that would constitute a use of force is still an open question. If the action is the equivalent of a use of force, it may only be undertaken pursuant to Chapter VII authorization, or as a lawful exercise of self-defense. Assuming the legality of acting at all, the operation must be conducted in accordance with the customary international legal standards of proportionality, discrimination, and chivalry. Offensive information operations in space will drive a revolution in technical, tactical, and legal thought. It is for the attorney adviser to the warfighter to present honest, closely reasoned legal advice to his client so that he may fight honorably and effectively.