Cyber-attacks on Space Activities: Revisiting the Responsibility Regime of Article VI of the Outer Space Treaty

Abstract

Both international society and individual states are placing considerable emphasis on the imminent threats of cyber-attacks on space activities. States play a major role in combatting against cyber-attacks in the space; thus, their international responsibility regime requires re-examination within this unique context. This study analyzes the responsibility regime established by Article VI of the Outer Space Treaty (OST) aiming to adapt the time-honored provisions to the current challenges posed by space cyber-attacks. Simultaneously, it aims to focus on three aspects: attribution rules, the scope of obligations of States Parties and the specific measures that states should undertake. This study concludes that in situations of space cyber-attacks, a case-tailored method should be adopted to identify the responsible state. This may likely involve the broadening of states' obligations, invocation of Article 2(4) of the United Nations Charter, the due diligence obligations, and other lex specialis obligations, such as conducting space activities for peaceful purposes, due regard obligations and non-interference obligations. Furthermore, the conclusion suggests that states should act nationally as well as internationally to successfully combat against cyber-attacks on space activities.