INDIA’s ASAT TEST – INTERNATIONAL IMPLICATIONS

On 27 March, 2019, the Honourable Prime Minister of India, Narendra Modi, announced that India has successfully carried out an anti-satellite (ASAT) test, shortly before the announcement. Dubbed as Mission Shakti, the ASAT test has destroyed a pre-determined target satellite in the low earth orbit at 300 kilometers. According to the Honourable Prime Minister, this was an important step for protecting India’s space assets on which the country and its citizens are heavily reliant. Without commenting on the scientific prowess the test shows, the burning question here is the impact this ASAT test would have for the space environment. Does this ASAT test no jeopardize the very space assets it seeks to protect? A similar ASAT test was carried out by China in 2007, which was criticized by the international community for the utter disregard for the space environment. That single incident created 3,400 trackable space objects, also called space debris. Incidentally, the Chinese ASAT test and the Cosmos 2251/Iridium 33 collision in 2009, the two incidents of destruction of satellites in recent past, consist of a quarter of the total objects trackable space objects, portraying how one or two incidents can completely make the outer space vulnerable. The outer space, especially the near earth orbit, is crowded with several non-operational space objects without any control of any operator. These non-operational space objects vary in sizes, from being huge to microscopic. However, all of them, because they are moving in high speed, have to potential to cause damage to operational space objects including those carrying humans. These non-operational space objects are called space debris, though the term has not been legally defined. The potential of the space debris in causing collisions is evident from some of the recent examples of near-miss collision events of the International Space Station (“ISS”), which is a crewed spacecraft, with space debris. In 2014, in a moment of extreme stress, ISS had to perform an emergency maneuver to prevent collision with space debris from the Iridium-Cosmos collision of 2009. In 2016, a debris avoidance maneuver of the ISS was suggested but was later aborted. In the July 2017 event, the astronauts sealed the modules of ISS and locked themselves in the adjoining Soyuz vehicle for safety. In fact, that was the fourth instance ever since launch of ISS that the crew had to take shelter in Soyuz spacecraft. The problem is further exaggerated by the fact that as the space debris cross each others’ paths, there is a probability of collisions between them. These collisions will create fragments, some of which may result in colliding with another space object, creating even more fragments. This self-contained collisional cascading process is called Kessler’s syndrome, named after the proponent of the theory Donald J Kessler. The Honourable Prime Minister also said that India has abided by its international obligations while carrying out the ASAT test. This being an ASAT test, it presumably did not affect satellite of any other nation and thus is not an armed attack under the UN Charter, which is applicable is outer space. However, it violates Article IX of the Outer Space Treaty 1967, to which India is a party and hence bound by its provisions, reads as follows: In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. Clearly, the act of India is not with “due regard” to “corresponding interests” of all other nations. The debris that are bound to have been created by this ASAT are clearly against the corresponding interests of other nations. Further, under Article III of the Outer Space Treaty enunciates that general international law is applicable to outer space. It is a accepted principle of international law that a nation cannot use its territory to cause harm to other nations. Since, a nation retains ‘jurisdiction and control over’ space objects in its registry, a space object can be said to be extension of a nation’s territory and hence, cannot be used for harming other States. Further, the space debris caused by this ASAT test will continue to be space objects of India. If these space objects collide with an operational space object or worse, with a manned space object, India’s liability and responsibility may be invoked internationally. If a space object collides with another space object, the State, which is at fault is liable to pay damages. Further, under the Liability Convention, 1972, if a space object collides with an aircraft or anything on earth, a nation is absolutely liable for the damages. As we can all contemplate, the damages in these cases would be in millions of dollars. According to me, the implications of this ASAT test may be far-reaching for India. - Upasana Dasgupta Upasana is a doctoral candidate at the Institute of Air and Space Law, McGill University. She is an alumnus of RML National Law University where she pursued B.A, LLB (Hons). She may be reached at upasana.dasgupta@mail.mcgill.ca. The opinion provided here is entirely my personal view.