Testing ASATs: A Critical Appraisal

Abstract

Human dependence on outer space for civilian and military purposes has increased remarkably. With advancements in developments related to outer space, the threats to space operations have also increased. States are investing in offensive and defensive counter-space capabilities to establish space superiority or to prevent their adversaries from establishing the same. One of the most notable threats is the possession of anti-satellite (ASAT) weapons by the United States (US), Russia, China and India. These weapons rely on kinetic and non-kinetic 
means to neutralise a satellite’s functions.This paper reviews existing literature to categorise kinetic and non-kinetic ASAT weapons and demonstrations of ASAT capabilities to establish possessors and non-possessors of ASAT weapons. Following that, the paper reviews varying degrees of applicability of treaty law and customary international law on the testing and employment of kinetic and non-kinetic ASAT weapons. The paper then reviews the recent developments pertaining to the ban on direct-ascent ASATs and assesses how that could potentially shift the focus from further development and testing of kinetic ASATs toward non-kinetic means. Subsequently, it argues that as the states ban destructive ASATs and address safety considerations by reducing the potential for debris generation, they should not lose sight of the broader issue of space security for all nations which are inextricably linked with both the kinetic and non-kinetic counter-space capabilities.