<div><div>Risk refers to the probability of an outcome having a negative effect on people, systems or assets. When used in the context of space security, it generally refers to the danger to the safety of a space system or any of its components, that is to say, the possibility of accidental or unintended damage to space systems, or to people depending on the services provided by those systems. Risk is distinct from threat, which refers to the danger to the security of a space system or any of its components, that is to say, the possibility of intended or intentional damage (involving agency, or done deliberately) to space systems, or to people depending on the services provided by those systems. It should be noted that outside of the space policy discourse, the term ‘risk’ does have security-related implications. The nuclear field is an example of this.</div></div>

Risk

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Test

<div><div>Electronic counterspace technologies, sometimes also known as electromagnetic technologies, can target the electromagnetic spectrum used by space systems to transmit and receive data, causing harmful interference.</div><div><li>Jammers generate noise on the same radio frequency band as a space system in order to block or interfere with the signal travelling from Earth to a satellite (uplink) or from a satellite to Earth (downlink).</li></div><div><li>Spoofing is used to trick the system into believing a fake signal produced by a hostile party, thus enabling the hostile party to insert false information into the system including, but not limited to, false data or false commands which can disrupt operations or cause any of the components of a space system to act in a way other than how it was intended.</li></div><div>Hostile operations using these technologies are generally reversible, and are difficult to attribute to a perpetrator.</div></div>

Electronic / Electromagnetic Counterspace Capabilities

<div><div>Due diligence is generally understood as a duty of States to not “allow knowingly their territory to be used for acts contrary to the rights of other States”. This principle was articulated in the International Court of Justice’s Corfu Channel decision, and was a predecessor to the more general and all-encompassing idea of ‘due regard’. In the context of space activities, the principle of due diligence obliges States to observe certain conduct with respect to a particular activity, in line with the obligation enshrined in article VI of the Outer Space Treaty (OST) which mandates States to carry out “continuing supervision” of the space activities of their nationals. The concept of due diligence is used in conjunction with fault standards applicable to space activities when analysing fault-based liability for damages being caused elsewhere than on the surface of the Earth under article III of the Liability Convention. </div><div>Nullam id dolor id nibh ultricies vehicula ut id elit. Donec sed odio dui. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Donec sed odio dui. Praesent commodo cursus magna, vel scelerisque nisl consectetur et.</div><div>Maecenas faucibus mollis interdum. Nullam quis risus eget urna mollis ornare vel eu leo. Donec sed odio dui. Integer posuere erat a ante venenatis dapibus posuere velit aliquet. Etiam porta sem malesuada magna mollis euismod.</div></div>

Due Diligence

<div><div>Article IX of the OST establishes the obligation for States to conduct space operations with “due regard to the corresponding interests of all other States Parties”. This due regard obligation is an explicit limitation on the freedom to use and explore outer space guaranteed by article I of the OST. The concept of ‘due regard’ is not defined in the OST, and as such there is no uniform consensus regarding its meaning. However, under other sources of international law, such as the law of the sea —which States have expressed can be adapted and applied to outer space — ‘due regard‘ means that States are bound to refrain from any acts that might adversely affect the use of a domain by other stakeholders prior to and while conducting activities in that domain. Under the due regard principle, States are obligated to take the rights of other States into account when exercising their own rights. Related to the concept of ‘due regard’ is the duty of States to undertake international consultations before proceeding with any activity that might cause harmful interference with activities of other State parties. Under article IX of the OST, other States may also request consultations if they have reason “to believe that an activity or experiment planned by another State Party in outer space [...] would cause potentially harmful interference with activities in the peaceful exploration and use of outer space” either prior to or during the performance of the space activity</div></div>

Due Regard

<div><div>These technologies can be used to disable or destroy a space system or one of its components without necessitating a direct strike. They can be further classified into non-kinetic physical, electronic, and cyber. Soft-kill capabilities are usually hard to detect and attribute, and can be both reversible and irreversible.</div></div>

Non-Kinetic / Soft-Kill

<div><div>These technologies have physical effects on satellites or ground segments without making physical contact. They include lasers, high-powered microwaves (HPM), and electromagnetic pulses (EMP). These technologies can blind or dazzle sensors or cause damage to electrical circuits and processors in a satellite. Non-kinetic physical hostile acts operate at the speed of light and, in some cases, can be less visible to thirdparty observers and more difficult to attribute. These acts can be reversible or irreversible.</div></div>

Non-Kinetic Physical

<div><div>Generally understood to mean the consequences or effects that are not directly caused by a specific action, but are nevertheless the product thereof. The concept of reverberating effects is commonly used in discussions relating to the use of force or armed attacks in the context of the conduct of hostilities. When conducting proportionality assessments prior to the use of force or armed attack, it is generally accepted that reverberating effects have to be considered to the degree in which they are reasonably foreseeable.</div></div>

Reverberating Effects

<div><div>Anti-satellite is often used as a synonym of counterspace capabilities, but it is more commonly understood to refer to a subset of counterspace technology, as it focuses on targeting one component of space systems (the satellite). While most consider ASATs to refer to any form of counterspace capability that targets the space segment of a system, there are some that use this term to refer only to kinetic or destructive (hardkill) counterspace capabilities.</div></div>

Due Diligence

Definition