A new problem for mankind: the "sin" and "punishment" of space activities

With the development of aerospace technology and the reduction of space launch costs, humans are flying into space more and more frequently. In various activities such as space transportation, space residence, space tourism and space militarization, potential space crimes are no longer rare. However, are these potential space crimes crimes? After they are identified as crimes, who should investigate and punish them? These are the problems that humans will have to face in the future.

There is a lot of smuggling, hacking, and sabotage

In space exploration activities, various potential criminal acts have been exposed and aroused concern. What is more troublesome is that as the strategic game of space among countries intensifies, there is a possibility of war crimes against space infrastructure and space personnel.

When it comes to the beginning of potential crimes in space, we cannot avoid the "smuggling" of astronauts on the moon. In 1971, the astronauts of the Apollo 15 spacecraft brought about 400 unauthorized first-day covers into space and onto the surface of the moon. After these first-day covers returned to Earth, some were sold as commodities, which seriously violated the US astronaut code of conduct. NASA launched an investigation into the matter, Congress also held an internal hearing on this matter, and the local prosecutor in Texas intervened. Although the astronauts of the Apollo 15 spacecraft were not found to have committed a crime at the time, they were later transferred from their original jobs and lost the opportunity to be promoted by the Air Force.

As technology advances, potential crimes in space are also "keeping pace with the times." In 2019, American astronaut Summer Worden accused her colleague Anne McClain of illegally hacking into her bank account through NASA's network while on a mission at the International Space Station. "Space hackers" became a hot topic in the news. McClain admitted the act after returning to Earth, but stressed that she had no malicious intent. Although Worden was found to have made a false accusation and McClain was cleared of suspicion, the case was called "the world's first space crime accusation," a small step in human history.

In August 2018, the air pressure in the International Space Station dropped. It was later found that the leak was caused by a tiny hole in the orbital module of the Russian Soyuz MS-09 spacecraft. After the astronauts urgently blocked it, the air pressure returned to normal. The Russian side said that the leak was not an accident, but was deliberately caused by the American astronauts, with the purpose of causing a malfunction so that they could return to Earth as soon as possible. The US side denied this, but the Russian side revealed: "The US side neither allows the Russian side to inspect the damaged spacecraft nor allows the US astronauts to take polygraphs." If the Russian side's statement is true, the illegal drilling of holes by American astronauts in the International Space Station has not only caused significant property losses, but also posed a serious threat to the lives and safety of other astronauts. It is also reported that the Russian side has submitted the results of the investigation to Russian law enforcement agencies, which means that the American astronauts may be charged with crimes.

Influenced by science fiction and international news, the public is worried about potential space war crimes. As early as 1967, the Outer Space Treaty came into effect, establishing the basic principles of space activities, declaring that space belongs to all mankind, and calling on all countries to peacefully develop and use space. Despite this, the United States and other Western countries have stepped up the establishment of space military forces, viewing space as a potential battlefield on par with land, sea, and air, which seriously threatens space peace and security. Everyone can imagine the future with uneasiness: a country takes risks and attacks other countries' military and civilian infrastructure in space, or even directly attacks astronauts, researchers or tourists in space. Even if it "inadvertently" endangers the safety of people's lives, it may be considered a war crime.

How are crimes in space punished?

In the face of these potential space crimes, should there be space police to investigate and deal with them? Who should punish them? These are all issues that need further research.

It is necessary to explain that whether a certain behavior is considered a crime must strictly follow the principle of "crime by law", that is, "no crime, no punishment unless it is clearly stipulated in the law." Therefore, whether it is a suspected criminal act committed by humans in space, or a suspected criminal act committed by ground personnel against space infrastructure or space personnel, it must be clearly stipulated as a crime in domestic laws or international treaties signed and effective by various countries before there is a basis for criminal punishment of the act.

Fortunately, some countries have considered this issue and started to take legal measures. According to reports, Canada is trying to extend the jurisdiction of Canadian criminal law to cislunar space through the Civilian Lunar Gateway Agreement Implementation Act. The bill states that any action or omission by Canadian citizens on the surface of the moon or on the way to and from the moon will be considered a "prosecuted crime" on Canadian territory.

Of course, Canada's approach is also controversial. The 1967 Outer Space Treaty explicitly excludes sovereign jurisdiction over space, meaning that a country's criminal law cannot extend to space. However, the legal basis of Canada's proposal is "personal jurisdiction" over its citizens, not "territorial jurisdiction" over Earth-Moon space, which does not seem to violate the spirit of the Outer Space Treaty.

At present, humans have not yet achieved "complete freedom" in spacewalks, and space activities must rely on spacecraft, including space stations and space shuttles. Unlike the physical space of space and the surface of celestial bodies such as the moon, the space inside a spacecraft is relatively closed and has clear boundaries, so the jurisdiction over the crimes committed by spacecraft crew members seems to be "specially treated."

According to general international law, ships and aircraft are regarded as the "quasi-territory" of the country of registration, especially on the high seas and in the airspace above them. The country of registration is generally granted certain jurisdiction over crimes committed on board ships or aircraft, and the jurisdiction is not limited to its own citizens. So can spacecraft be analogous to ships or aircraft on the high seas and in the airspace above them, allowing the country of registration or the country to which it belongs to punish crimes committed on board spacecraft? This needs further discussion, but most tend to favor a positive view. For example, the member states of the International Space Station regulate their rights and obligations through an agreement, which requires that each member state should exercise control over its registered modules and its own citizens, including determining jurisdiction over criminal cases through domestic law.

As for the space war crimes that everyone is most worried about, although there are very few international treaties and domestic legislation to regulate them, they have already attracted international attention. Since 2016, the international space law community has been working hard to compile an international law manual applicable to the military use of space, clarifying the basic rules for military use of space and how to apply existing international law to regulate space-related military activities.

In addition, given the complex security situation in space and the inability to rule out the possibility of space war, some have proposed studying and formulating "space armed conflict laws" or "space warfare rules" to regulate space war crimes. Of course, it is undeniable that this proposal faces huge political and legal challenges and needs further observation.