Cameron Miranda
Space is often viewed as a lawless frontier, but that is not the case. In 1967, 112 nations signed the Outer Space Treaty, which laid the foundation for international space law. While there are no known instances of anyone being charged with a crime in space, there have been a few instances of people or governments testing these laws. As space tourism, militarisation, and commercial activity become more common, unlawful behaviours that occur on Earth will likely accompany humans on their journey into space.
| Characteristics | Values |
|---|---|
| Number of known criminal charges in space | 0 |
| Number of known convictions in space | 0 |
| Number of times space law has been tested | 3 |
| Law that allows the government to charge Canadian astronauts for crimes committed on the moon | The 1967 Outer Space Treaty |
| Year in which 112 nations signed the Outer Space Treaty | 1967 |
| Astronaut accused of committing the first crime in space | Anne McClain |
| McClain's charge | Identity theft and improper access to private financial records |
| Year in which Luxembourg set out a formal legal framework for private companies engaged in mining resources in space | 2016 |
| Number of nations currently engaged in space activities | 50 |
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What You'll Learn
The first space crime? Identity theft by a NASA astronaut
In 2019, news broke that a crime may have been committed in space for the first time in history. The accused was NASA astronaut Anne McClain, who was stationed aboard the International Space Station (ISS) from December 2018 until June 2019. McClain's spouse, Summer Worden, filed a complaint with the Federal Trade Commission and her family lodged a complaint with NASA's Office of Inspector General, accusing McClain of identity theft and improper access to Worden's private financial records. McClain, who was in the midst of a divorce and a bitter parenting dispute with Worden, acknowledged that she had accessed the bank account in question but insisted that she was merely monitoring the couple's still-intertwined finances.
The ISS is an international collaboration involving multiple countries, including the United States, Canada, member states of the European Space Agency, Japan, and the Russian Federation. Each of these nations has jurisdiction over its own personnel in space, as outlined in the 1998 agreement among the governments of these countries. This agreement also provides for the protection of intellectual property and procedures for criminal prosecution.
The case of McClain and Worden highlights the complexities of jurisdiction and law enforcement in space. While McClain was accused of a crime by her spouse, it is unclear which country's laws would apply in this situation. As space becomes more accessible and commercial and private actors increase their presence, questions of jurisdiction and law enforcement will become increasingly important.
As of 2022, there have been no known criminal charges or convictions in space. However, the McClain-Worden case serves as a precedent for how international space law may be applied and how disputes may be resolved in the future. It also raises questions about the ethical implications of human endeavours in space, especially as progress in robotics and artificial intelligence is eroding the need for human presence in certain missions.
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Canada can charge its astronauts for crimes on the moon
Canada has passed a law that will allow the government to charge Canadian astronauts for crimes committed on the moon. This law was passed in anticipation of the crewed mission to the Moon in 2024, which will be the first such mission in over 50 years. The Canadian Space Agency is participating in the NASA-led Lunar Gateway project, which also includes the European Space Agency and the Japan Aerospace Exploration Agency.
The new law amends the Criminal Code to include potential crimes that could take place on the moon. The amendment reads: "A Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada." This means that any crime committed by a Canadian astronaut on the moon will be treated as if it were committed in Canada. The law will also apply to crimes committed on the way to the moon and on the Lunar Gateway space station.
The issue of potential crimes committed in space first arose in 2019 when NASA investigated what was alleged to be the first crime committed in space. Astronaut Anne McClain, on a six-month mission aboard the International Space Station, was accused by her estranged spouse, Summer Worden, of improperly accessing bank records from space. McClain was later cleared, and Worden was charged with making false statements to federal authorities.
The Canadian government's decision to amend its criminal code to include crimes committed on the moon reflects the increasing accessibility of space and the potential for unlawful behaviors that occur on Earth to accompany humans into space. As space activities continue to grow exponentially, the number of future space crimes can be reasonably expected to increase. Canada's new law aims to address this by extending the reach of Canadian law onto the lunar surface and ensuring that Canadian astronauts who commit crimes in space will face criminal charges.
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Jurisdiction: which country's laws apply in space?
The notion of jurisdiction in space is a complex issue, with international space law, national space laws, and agreements between nations at play. Firstly, it is important to note that no nation can claim sovereignty in space, and no country can "own" space, the Moon, or any other celestial body. This principle is established in the Outer Space Treaty of 1967, which has been signed by 108 nations as of 2019. The treaty also states that space activities are for the benefit of all nations, and any country is free to explore orbit and beyond.
Now, when it comes to jurisdiction, there are a few factors to consider. Firstly, the concept of "fully controlled" jurisdiction by a country does not apply in space, as it would on land territory. Instead, we look at the agreements between nations involved in specific space projects, such as the International Space Station (ISS). In the case of the ISS, the partner nations signed an agreement in 1998, stating that each country has jurisdiction over its own personnel and modules in space, as long as the victim is not an individual from another country present in space. This means that if a crime is committed by a citizen of one country against a citizen of another, the country of the perpetrator would have jurisdiction.
Additionally, the agreements between nations can also include provisions for the protection of intellectual property and procedures for criminal prosecution. For example, the 1998 agreement between the governments of Canada, Member States of the European Space Agency, Japan, the Russian Federation, and the United States concerning the ISS, designates NASA as the lead agency in coordinating member states' activities and contributions.
In the case of disputes, there are mechanisms in place to resolve them. State actors can bring a case before the International Court of Justice for breaches of the Liability Convention or the Outer Space Treaty. They can also attempt to resolve disputes directly and reach a negotiated settlement. For non-state actors, they are directed to approach an appropriate state party, and in private and commercial disputes, arbitration is often chosen.
Furthermore, with the increasing accessibility of space and the advent of commercial activities, many countries are enacting or updating their national space laws to regulate private space activities. For example, Luxembourg set out a legal framework in 2016 to ensure that private companies engaged in space mining have rights to the resources they extract.
In summary, the laws of the country that an astronaut represents and the agreements between the nations involved in a specific space project determine jurisdiction in space. The complexity of jurisdiction in space is a result of the interplay between international space law, national space laws, and intergovernmental agreements, which continue to evolve as space activities become more diverse and accessible.
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Space is like international waters, but with no ships
Space is often compared to international waters, with both environments considered "res communis", meaning they belong to everyone and no one, and no country can lay claim to them. However, this doesn't mean that they are free from national laws and governance.
In the case of international waters, the presence of ships is a key factor in determining jurisdiction. If a crime occurs on a ship in international waters, the ship's owner can argue that their jurisdiction be imposed. Similarly, in space, the jurisdiction of a crime would depend on the spacecraft's country of registration and the nationality of the personnel involved. For example, if a US astronaut commits a crime on the International Space Station with a US victim, US criminal jurisdiction applies.
The International Space Station (ISS) has its own intergovernmental agreement, signed by its partner nations, that grants them criminal jurisdiction over their respective personnel in space. This agreement also provides for the protection of intellectual property and procedures for criminal prosecution. However, if the victim of a crime on the ISS is a citizen of a different partner nation, and the US does not prosecute, the other nation's criminal law would apply.
While there is no known instance of anyone being charged with a crime in space to date, the increasing accessibility of space and the emergence of space tourism, militarization, and commercial activity will likely lead to unlawful behaviors accompanying humans into space. As a result, the establishment of clear rules and policies to govern human activity in space is becoming increasingly important.
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The Outer Space Treaty: no WMDs, no claiming sovereignty
The Outer Space Treaty, or OST, is a multilateral treaty that forms the basis of international space law. It was negotiated and drafted under the United Nations and opened for signature in the US, UK, and Soviet Union in 1967. As of 2024, 115 countries are parties to the treaty, and another 22 are signatories.
The OST was spurred by the development of intercontinental ballistic missiles (ICBMs) in the 1950s and the launch of Sputnik, the first artificial satellite, by the Soviet Union in 1957. This was followed by an arms race with the US, which hastened proposals to prohibit the use of outer space for military purposes.
The core principles of the OST are:
- The exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind.
- Outer space shall be free for exploration and use by all States.
- Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
- States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner.
- The Moon and other celestial bodies shall be used exclusively for peaceful purposes and prohibit their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications.
- Astronauts shall be regarded as the envoys of mankind, and States shall be responsible and liable for national space activities and any damage caused by their space objects.
The OST has been tested a few times, including the destruction of Russia's Cosmos 1408 satellite in 2021, which created long-lived orbital debris, and the 2019 accusation of NASA astronaut Anne McClain, who allegedly committed identity theft and accessed her ex-wife's bank account while living on the ISS.
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Frequently asked questions
Yes, it is possible to break the law in space. There are international treaties in place that govern space exploration and activities. These include the 1967 Outer Space Treaty, which states that space activities are for the benefit of all nations and that no country can claim sovereignty in space. Other laws and agreements, such as the Registration Convention Law and the Liability Convention, also apply in space.
If a crime is committed in space, the law of the country of which the perpetrator is a citizen would generally apply, or the law of the country whose spacecraft was used. However, the situation is more complicated if the perpetrator is a dual citizen or a private citizen on a space tour. In the case of serious crimes, the jurisdiction of the International Criminal Court may also apply.
There are no known instances of anyone being charged with a crime in space. However, there have been a few notable cases of laws being tested or potentially broken. For example, in 2019, NASA astronaut Anne McClain was accused of identity theft and improperly accessing her ex-wife's bank records while living on the ISS. McClain claimed she was ensuring her ex-partner had funds to support her son, but the case raised questions about which country's laws apply in space.
As space tourism, militarization, and commercial activity increase, more laws and regulations will be needed to govern these activities. For example, there is currently discussion about whether it is legal to mine resources in space under the Outer Space Treaty, and what kind of licensing system might be needed.
