May 24, 17 / Can 04, 01 01:57 UTC

Re: The right to war in space and space battles.  

English Translation, Bing Translator.

You asked for a discussion of the draft Constitution Asgardia.

We are willing to share our thoughts on the issues of relations with Asgardia and

Proposed draft text constitution.

Based on the provision of article 2. (Draft Constitution Asgardia/PCA/here and further on the text) the status of Asgardii is determined as the first space free, unitary, legal, social, Nadjetnicheskij, Nadkonfessional'nyj, moral, just, peaceful, based in unity on the equal dignity of every human being, the future and infinite space of the universe, the state is a constitutional monarchy.

The question of legal aspects relating to: the war in outer space and space battless remains unclear.

It seems to us that we have clarified these many important issues that, as we develop the Near and outer space, including in and for military purposes, compels us to reflect on the emerging aspects of military issues with respect to astronauts and astronauts and space agencies of the planet Earth.

Before the adoption of the Constitution, it is proposed to look at the following important issues in the field of space law Asgardia.

When you can, and when you can't:

Attacking civilian satellites that could be used in part for military purposes?

Use laser weapons?

Is it a crime to edit satellite images to present civilian objects on the Earth to the military and to strike at them?

How is the law applicable to the military astronauts operating on Earth?

How do we apply the provisions of the Geneva Convention to prisoners captured in space if it regulates the treatment of prisoners of war on Earth, but not in space?

Who and what is the responsibility for the debris in the Earth's orbit caused by military action in space?

Despite the questions raised, the Asgardia Constitution does not answer them. We believe, if not, that there should be documents that shed light on the militarization and exploration of outer space. To date, International space law has no such instruments. An appeal to SDI (Strategic Defence Initiative) the Ronald Reagan declared only confirms the ambition of the plan, albeit the remainder of the paper, on the militarization of outer space.

It is clear that it is only in the timing and decisions of politicians that the satellites of laser and other weapons will be deployed. And Asgardia should be ready. Art.. 4 the highest values Asgardia to us clearly indicate that we are defending the planet Earth and all of humanity from the dangers of space.

It seems to us that the issue of the militarization of space in the UN General Assembly should be asgardia and raised. Which asgardia should protect space from an arms race in it? Or has the world ceased to need the prevention of threats, including from outer space?

Asgardia is concerned not about the perfection of laws governing the activities of mankind in space. All of them were adopted during the Cold war and were relevant to the development of peaceful outer space without aspects of the militarization of outer space. They do not exist in the Treaty on Principles Governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies (1966), not in the agreement on the Rescue of Astronauts, the Return of astronauts and the return of objects Launched into Outer Space (1967).

Scientists and philosophers of Asgardia believe that there is a need to enshrine in the text of the Constitution the provisions relating to the conduct of Star Wars in outer space. The reason is that no one can prevent States from using outer space today for military purposes. Today, it is not just to give a legal assessment of the actions and degree of intervention of the subject, both from the Earth's Planet and Asgardia, for example in the satellite mission in Earth orbit, which, according to the Canons of space law, can be interpreted as "armed attack." Which may be followed by the right of Asgardia and Earthlings to use force to defend the subject.

We believe that the participation of international jurists Asgardia in Proektemilamos will help to dispel a thick legal fog in the areas of military development and militarization of outer space, despite the challenges ahead. Asgardia It should not be forgotten that all powers (states), in the conduct of military and military actions in space to achieve victory on Earth, use an available space Arsenal, which, after an attack (explosion), will create many debris that will remain in orbit. The elimination of the latest asgardia in the current level of debris-cleaning technologies could take decades and centuries?

We hope that the technical specialists and the Legal Corps of Asgardia, together with the lawyers of the planet Earth, can prescribe the rules of conduct of space powers. We are confident that the application of the updated norms of international space law can radically alter the rapidly changing nature of the armed conflicts of States on planet Earth, including outer space.

That was our vision on the con.

May 24, 17 / Can 04, 01 01:59 UTC

Hello @AlexKulay,

Please post your thoughts on the constitution here so they may be added to the summary document. Thank you 

https://asgardia.space/en/forum/forum/constitution-132/topic/discussion-of-the-draft-constitution-5379/ 

  Last edited by:  Shane Watt (Asgardian, Global Mod)  on May 24, 17 / Can 04, 01 01:59 UTC, Total number of edits: 1 time