Issue 126

Article Summary: Shadows in Orbit: Unpacking the Cosmos 2588 Amidst Legal Uncertainty in Space

1 Jul: The Articles of War website published an article by Berfin Deniz Çabuk describing the legalities (or lack thereof) of Russia's launching its LEO inspector satellites into co-planar orbits with high value US reconnaissance satellites. You can read the entire article here , please find excerpts below. “Marco…

1 Jul: The Articles of War website published an article by Berfin Deniz Çabuk describing the legalities (or lack thereof) of Russia’s launching its LEO inspector satellites into co-planar orbits with high value US reconnaissance satellites. You can read the entire article here, please find excerpts below.

  • “Marco Langbroek, a Dutch astronomer, has noted that the launch of Cosmos 2588 marks the fourth time in five years that a Russian military satellite has been placed in close orbital proximity to a U.S. military optical reconnaissance satellite.”
  • “The recent launch of Cosmos 2588 has revived long-standing concerns about the potential deployment of ASAT capabilities and the broader issue of space weaponization. This post explores the legal ambiguity surrounding ASAT technologies and raises the pressing question whether existing legal norms are sufficient to address the growing complexity of military activities in outer space.”
  • “While the 1967 Outer Space Treaty (OST) remains the cornerstone instrument of space law, it leaves critical legal gaps when confronted with today’s emerging counterspace capabilities. Article IV of the OST explicitly prohibits the placement of nuclear weapons or weapons of mass destruction in orbit around the Earth. But it remains silent on conventional weapons, creating a significant loophole when considering the legality of deployment of ASAT weapons.”
  • “This legal ambiguity is compounded by the increasingly dual-use nature of space technologies, where satellites designed for civilian or passive military functions also have inherent destructive potential, thereby blurring the boundary between peaceful use and potential threat. As such, determining what constitutes a “peaceful” military presence in orbit is no longer straightforward.”
  • “As Cosmos 2588 illustrates, the legal frameworks governing space have not kept pace with the speed and complexity of counterspace technologies. Despite international efforts to maintain outer space for peaceful purposes, the rapid evolution of space technology and the growing dependence on satellites for both military and civilian applications have positioned outer space as a critical arena for strategic competition among nations.”
  • “The absence of clear and binding legal restrictions against peacetime deployment of counterspace technologies-particularly ASAT weapons-poses a vital challenge to maintain international peace and security. Given this legal ambiguity, while binding treaty regulations remain essential for ensuring predictability and legal stability in orbit, the pace of technological innovation-coupled with geopolitical tensions-makes comprehensive legal regulation increasingly difficult.”

“The growing militarization of outer space, as illustrated by the case of Cosmos 2588, demonstrates the widening gap between technological capabilities in space and the legal frameworks meant to regulate them. Its behaviour-marked by close proximity to a U.S. military satellite, suspected kinetic capabilities, and a lack of transparency-exposes how current regulatory frameworks under the OST struggle to address the realities of modern counterspace operations. Key legal principles such as ‘peaceful purposes, ‘due-regard,’ and ‘threat of force’ remain vague and open to conflicting interpretation, especially when applied to dual-use, manoeuvrable (sic) satellites.”