DOI: 10.5553/IISL/2020063004003

International Institute of Space LawAccess_open


Space Law Challenges for Recovery of Damage, Inflicted to Space Objects by Cyber Means

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    The paper analyses existing models for recovery of damage, inflicted to space objects, and addresses major challenges, related to cyber damage: the issue of attribution, procedural issues of cyber damage recovery, possibility to recover space damage, inflicted during an armed conflict. A proposal is made to consider cyber damage as direct damage under space law liability regime and evaluate resulting increase of space debris (damage to space environment) for the purposes of compensation amount. Within responsibility for violation of space law obligations cyber damage may be recovered as the result of violation of control over space objects or as harmful interference with space activities. Violation of due diligence obligation to protect space objects (as cyber threats became more vivid) and use of force by cyber means are basis for cyber damage recovery under general international law. Damage to space objects, inflicted during an armed conflict, is recoverable for violation of principles of distinction, proportionality and precautions in attack.

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