Legal Dimensions and the Approach of the Russian Government Toward Starlink’s Support for Ukraine

Abstract

Since its emergence, international law has always faced diverse challenges, and in the field of space law, the beginning of SpaceX’s (Starlink’s) activities—along with the technological advancements and the support provided by the United States government for this company—has created numerous challenges in this domain. However, this study aims to answer the following question: What is the approach of international law regarding the participation of Starlink satellites in the Russia–Ukraine war? It appears that international law considers this company to have adopted a dual-use policy, encompassing both military and non-military functions. Accordingly, by examining the rules of international law and the actions of Starlink during this war, the study reaches conclusions indicating that, aside from a few international treaties—most importantly the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space—the legal status of the passage of space objects through the airspace under the sovereignty of other states remains entirely undefined, giving rise to significant legal disputes in this area. The absence of an international treaty aligned with the advancements in this field is strongly felt in discussions regarding Starlink’s support for Ukraine. This treaty gap, alongside issues such as space debris, state responsibility, space insurance, and similar concerns, may serve as challenges that could pave the way for the emergence of a third world war in outer space.