Is the risk of Starlink satellites becoming a legitimate military target for Russia?

The Telegraph on November 27 quoted a space law expert warning that commercial satellites like Starlink of American billionaire Elon Musk could become legal targets in war if they aid one of the warring parties.

Specifically, speaking at the UK Space Conference in Belfast on November 23, Major Jeremy Grunert, a member of the US Air Force's military legal advisory force, said that companies need to be careful to avoid getting involved in conflicts.

Nguy cơ vệ tinh dân sự thành mục tiêu quân sự hợp pháp trong chiến tranh? - Ảnh 1. — SpaceX Falcon 9 rocket takes off carrying 21 Starlink satellites from Cape Canaveral space station in Florida, USA on February 27.

“In the laws of war, a state is required to target military targets and refrain from targeting civilian targets,” Mr. Grunert said.

"However, civilian targets can be targeted if it provides military benefits. For example, just before the D-Day landings, bridges and railway lines leading into Normandy were bombed, because [they provided] military benefits to Germany," the expert added.

The Geneva Convention states that countries involved in military conflicts are prohibited from attacking civilian objects. However, analysts say the lines are becoming increasingly blurred, with satellite companies vulnerable to cyberattacks or missile strikes.

“The same thing happens in outer space and certainly, the way civilian systems like Starlink are used for drone targeting has proven to be quite controversial,” Grunert added.

He noted that the above factors would arguably make Starlink a potential military target under the laws of war.

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The risk of satellite attacks became more apparent when China and the US tested anti-satellite missiles and showed they had the ability to destroy satellites in orbit.

While the US successfully destroyed one of its satellites in 1985, in 2007, China launched a missile attack on one of its weather satellites.

The Kremlin has previously warned of action against private companies that support countries at war with Russia. The statement came amid accusations by Russia that Musk’s Starlink satellites helped Ukrainian forces launch drone attacks on Russian troops.

At that time, Mr. Musk said that Starlink satellites were only being exploited to help people in Ukraine access the Netflix streaming platform.

“There was some shock at the time, when those comments were made [by Russia]. However, in the context of the laws of war, the Russians may not be wrong about that, given the military benefits that those things could bring [to Ukraine],” said Mr. Grunert.

“That doesn’t mean civilian satellites will always be targeted, but it does mean they are still at risk,” Mr. Grunert concluded.

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