More Limits on U.S. Space Systems Unacceptable

The Obama Administration launched a push for an international Code of Conduct pertaining to activities of space-faring nations, but its activities have been cloaked in secrecy. This lack of transparency caused 37 Republican Senators to request more information about the Administration's negotiations on this issue in February 2011.

According to Ellen Tauscher, Undersecretary of State for Arms Control, "We will never do a legally binding agreement because I can't do one. I can't get anything ratified." It appears that the Administration is trying to circumvent the Senate's constitutional role in consenting to the ratification of international agreements that should be concluded as treaties.

Negative Implications for the U.S. Military
Arms control treaties, such as the Washington and London naval limitation treaties, are designed to limit the quantity and quality of arms in the possession of the participating states during times of peace. They cease to pertain during times of war.

Laws of war treaties, such as the Geneva or Hague Conventions, on the other hand, are designed to dictate how the armed forces of participating states operate in times of war. If these restrictions are not honored, service members may be subject to courts martial as war criminals by their military justice systems.

The Code of Conduct for space will be as much about restricting how space forces are used by the U.S. military as about limiting their types and numbers. For example, participating states will have to operate their space forces in ways that prevent the generation of space debris.