Space as a Warfighting Domain: Issues for Congress

Space as a Warfighting Domain: Issues for Congress

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August 10, 2021
Space as a Warfighting Domain: Issues for Congress
Introduction
China and Russia are developing and testing multiple
counterspace technologies that potentially threaten U.S. and
The United States is in the midst of making significant
allied partners’ space assets. Counterspace systems include
changes to policy on protecting national security pertaining
kinetic physical, nonkinetic physical, electronic, and cyber.
to outer space. Military strategists increasingly consider
Kinetic physical includes direct ascent weapons (i.e.
space to be a warfighting domain—a location where
missiles) that attempt to strike a satellite and co-orbital
offensive and defensive military operations take place—
which is first placed into orbit (i.e. satellites), then once
similar to air, land, and sea. During the Cold War, both the
commanded it maneuvers and strikes its target. Nonkinetic
U.S. and the Soviet Union approached space as a sanctuary
physical can include lasers, high-powered microwave
and a non-warfighting domain. However, many states and
weapons, and nuclear weapons detonated in space that
international entities, including the Department of Defense
create an electromagnetic pulse. Electronic targets the
and the North Atlantic Treaty Organization (NATO), now
means through which space systems transmit and receive
declare space a warfighting domain.
data by jamming or spoofing radio frequency (RF) signals.
Cyber targets the data itself.
Many countries rely on the capabilities that civilian and
military space systems provide. Many governments have
Part of the U.S. military response in defending against these
agreed in principle that space should remain a domain used
capabilities is the National Space Defense Center (NSDC)
for peaceful purposes and for the benefit of all humankind.
at Schriever AFB, Colorado. The NSDC is a joint and
Various treaties and agreements are the mechanisms in
interagency effort between the Department of Defense, the
place to promote the principle of space as a peaceful
Intelligence Community, and commercial industry to
domain, but these do not prevent nations from having or
research U.S. space vulnerabilities and develop tactics and
conducting counterspace operations.
doctrine to deal with potential attacks on space systems.
Space Threats
Space Command vs. Space Force
Militaries around the world are preparing for future wars
Which military organization commands during a space
with assets located in space and developing counterspace
conflict if a U.S. or allied partner’s satellite is attacked?
technologies. According to the 2020 U.S. Defense Space
According to the Department of Defense, the U.S. Space
Strategy, China and Russia have weaponized space as a
means to reduce U.S. and allied partners’ freedom of
Command is responsible for conducting operations in,
from, and to space in order to deter conflict and, if
operation in space. Likewise, that document claims that
necessary, defeat aggression, and defend U.S. vital
China has tested and proven counterspace capabilities that
interests. Conversely, the U.S. Space Force is responsible
threaten U.S. and allied partners’ satellites and national
for organizing, training, and equipping troops (space
security. The militarization of space as an issue dates back
guardians) during peace time in order to present them to the
to the late 1950s, when the Soviet Union launched Sputnik
combatant commands (i.e., U.S. Space Command) during a
1, the first manmade object placed into the Earth’s orbit. In
time of space conflict or war.
1958, the United States launched its first satellite, Explorer
1. This was the beginning of a new competition and space
Treaties Aimed at Preventing Conflict
arms race between two great powers. Through the evolution
in Space
of technological advancements, the accessibility to reach
and use space has increased for a growing number of
Several agreements were introduced in the 1960s and 1970s
governments and nonstate actors.
that attempted to prevent nations from placing weapons in
space. The United Nations (U.N.) General Assembly
Many U.S. defense experts describe space as the ultimate
adopted a treaty in 1967 that formed the basis of
military high ground, with particular importance to
international space law. The Outer Space Treaty, or the
communications, intelligence, and missile-warning
“Treaty on Principles Governing the Activities of States in
surveillance operations. Adversaries such as China and
the Exploration and Use of Outer Space, including the
Russia have studied warfighting concepts and focused on
Moon and Other Celestial Bodies,” was originally
space systems as a particular U.S. vulnerability. China and
considered under the Legal Subcommittee in 1966, and
Russia are reported to be pursuing nondestructive and
agreed upon later that year by the General Assembly. The
destructive counterspace weapon capabilities, such as
original signatories were the Russian Federation, the United
jammers, lasers, kinetic-kill or anti-satellite (ASAT)
Kingdom, and the United States of America. The treaty
systems, and cyber-attack capabilities. U.S. military
went into force in October 1967, and 110 countries have
officials have stated that U.S. satellites no longer enjoy
become parties to it. Other treaties and agreements that
sanctuary in space, and that U.S. military space superiority
focus on other aspects of outer space are depicted in Figure
can no longer be taken for granted.
1.
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Space as a Warfighting Domain: Issues for Congress
Figure 1. Treaties and Agreements
nuclear powered systems in outer space. U.S. officials have
argued that the treaty text is insufficient to the challenges,
calling it “a diplomatic ploy by the two nations to gain a
military advantage.” The United States continues to
promote establishing international norms of responsible
behavior in outer space that can more easily adapt to future
technological changes.
Implications for Space Operations
Many observers contend that space is weaponized. From
the onset of the space arms race between the United States
and Russia in the 1950s, militaries have leveraged satellites
for communications, intelligence, and navigation to enable
combat operations. Now these observers portray space as
increasingly contested and no longer a sanctuary used only
for peaceful purposes. Space-faring nations, including
Russia, China, Iran, and North Korea, will likely continue
to develop, acquire, and test their counterspace ground-
based weapons and other technologies that could potentialy
disrupt and prevent U.S. access and use of outer space. The
imminent space threats could have implications that affect
not only U.S. security but also that of the world. Congress
could examine whether the current international norms will

be enough to restrain U.S. adversaries and protect U.S.
Source: CRS figure based on data from the United Nations Office
space assets, including both military and civilian systems in
for Outer Space Affairs.
outer space.

The United Nations’ Committee on the Peaceful Uses of
Potential Questions for Congress
Outer Space (COPUOS) continues to administer
 What are the potential and new space-related treaties
international cooperation in peaceful uses of outer space—
and international agreements the U.S. could consider to
61st session of the COPUOS, the committee stated that “the
ensure that nations use outer space for peaceful purposes
non-militarization of outer space, which should never be
only?
used for the placement and/or deployment of weapons of

any kind, and, as the province of humankind, should be
Are the current international norms for outer space
used strictly for the improvement of living conditions and
enough to protect U.S. military, civil, and commercial
the pursuit of peace among peoples that inhabit the Earth.”
space systems?
However, none of the treaties, including the Outer Space
 What is the current U.S. policy and response if an
Treaty, ban the placement of weapons, other than weapons
adversary attacked a U.S. or allied partner’s satellite?
of mass destruction, into outer space.
 Who is in charge of “policing” outer space?
Currently there is no agreement or treaty that bans placing
conventional weapons into outer space, but multilateral
CRS Products
discussions regarding the peaceful uses of outer space are a
recurring theme at the UN Conference on Disarmament in
CRS In Focus IF10337, Chal enges to the United States in Space,
Geneva. For example, in 2008, Russia and China attempted
by Stephen M. McCal .
to define a space weapon in their proposed treaty,
“Prevention of the Placement of Weapons in Outer Space,
Other Resources
the Threat or Use of Force against Outer Space Objects,”
Center for Strategic & International Studies, Space Threat
(PPWT) “in order to prevent an arms race in outer space”
Assessments 2021, March, 2021.
and “held in accordance with the spirit of the [Outer Space
Treaty].” However according to some analysts, the draft

treaty lacked language that would prevent the development,
testing, or deployment of ground-based ASAT weapons,
Stephen M. McCall, Analyst in Military Space, Missile
which China currently has in its counter-space arsenal.
Defense, and Defense Innovation
Conversely, other observers argue that the PPWT outlines
pertinent issues, from the legal protection of satellites to
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Space as a Warfighting Domain: Issues for Congress

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