Abstract

As humanity ventures further into space, the prospect of extra-terrestrial conflicts— whether between human nations, human and extra-terrestrial civilizations, or even AI systems—presents unprecedented challenges in the realm of international space law. Any use of an anti-satellite weapon in outer space increases tensions around the possibility of an outer space arms race. The prospect that a conflict could be waged from earth to space, space to earth, or in space itself inches closer to reality. The integration of artificial intelligence (AI) into space activities, especially in warfare or conflict resolution scenarios, amplifies these challenges by introducing complexities related to accountability, the ethics of autonomous decision-making, and the governance of space-based assets, which will have a revolutionary impact on space operations. Existing space treaties, such as the Outer Space Treaty, the Liability Convention, and the Registration Convention were crafted in an era where AI and extra-terrestrial conflicts were not foreseen, leaving significant gaps in regulation. This paper explores the juridical implications of AI in extra-terrestrial conflicts, focusing on four key areas: the legal status of AI in space warfare, accountability for autonomous systems, ethics and human rights, and the management of extra-terrestrial resources. Further, this paper examines the application of the various ‘soft-law’ instruments focused on the responsible development of AI systems to space-based AI systems. This study advocates for creating updated international agreements and treaties to regulate the use of AI in space, addressing the growing intersection of militarization, AI technology, and the peaceful use of space. The juridical landscape for space will need to evolve to accommodate the transformative role of AI, ensuring that outer space remains a domain for exploration and cooperation, rather than conflict.

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