Cyber Operations Targeting Space Systems. Legal Questions and the Context of Privatisation

The present chapter addresses how legal uncertainty creates an environment where the escalation of cyber operations targeting space systems may quickly occur. Overall, whereas during the four decades preceding the twenty-first century, the ability of States to project power in outer space was limited primarily to two space-faring nations, the number of players in the global space sector is now higher and more diverse. As 2022 demonstrates, private sector-driven innovation in space technologies has revolutionised space activities, changing their context dramatically. In February, the Russian invasion of Ukraine became the first conflict demonstrating the added value of private Earth observation capabilities and satellite communications. In April, the first-ever wholly private mission by Axiom Space launched on a SpaceX rocket inaugurated an era of private astronautics regarding crewed space flight. Thus, the present chapter posits that innovation increased the value of targeting space systems harnessing the non-kinetic nature of cyber-enabled attacks. Secondly, a discussion on legal uncertainty and the weaponisation of space in connection with the concept of cyber operations follows, highlighting that State and non-State actors recognise space as a key enabler for national security and economic prosperity. Finally, a set of conclusions is proposed premised on the idea that outer space must not become a domain where ascertaining, classifying and reacting to aggressive behaviours is governed exclusively by the “eye of the beholder” rule.