Navigating the Orbital Minefield: Compliance Challenges in the 2025 Space Threat Landscape

Navigating the Orbital Minefield: Compliance Challenges in the 2025 Space Threat Landscape
Photo by SpaceX / Unsplash

The CSIS Aerospace Security Project's 2025 Space Threat Assessment meticulously details the proliferation and evolution of foreign counterspace weapons and capabilities. While the report's primary lens is national security and the geopolitical implications of these threats, it implicitly and explicitly raises significant compliance challenges for actors operating in space. Compliance, in this context, refers to adherence to existing international space law, treaties, norms of behavior, and guidelines, as well as the difficulties in establishing and enforcing new ones in a rapidly evolving and increasingly contested domain.

One of the most prominent compliance issues highlighted is Russia's pursuit of a nuclear anti-satellite capability. Such a weapon, designed to target satellites orbiting the Earth, would violate the 1967 Outer Space Treaty (OST), which explicitly prohibits signatory nations from stationing nuclear weapons in space. The United States and international partners remain concerned about Russia potentially deploying this system. U.S. officials publicly condemned the development and sought international pressure through the United Nations. While Russia has denied accusations of pursuing such a weapon, the U.S. sees it as a "troubling" development that could render low Earth orbit (LEO) unusable.

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The report also addresses the issue of unintentional space debris generation. Although not classified as counterspace weapons, accidental breakup events pose latent risks to space operations and can create significant safety hazards. These events can lead to increased international tensions, particularly if debris from one nation's satellite harms another's. The assessment highlights inconsistencies in debris cataloging and tracking among different entities, such as the difference between U.S. Space-Track and Russia's Vimpel catalog. Delays and inconsistencies in adding debris fragments to Space-Track create avoidable safety risks. While not a direct violation of a specific treaty, the responsible management of space activities and debris mitigation are key components of established international guidelines and norms aimed at ensuring the long-term sustainability and safety of the space environment. The report implicitly underscores the compliance challenge in adhering to shared best practices for debris tracking and reporting.

The increasing prevalence of Rendezvous, Proximity, and Docking (RPO) operations by both government and commercial satellites also presents compliance ambiguities and challenges to establishing clear norms. While RPO has legitimate benevolent uses like satellite maintenance, refueling, and debris removal, the same techniques can be modified for anti-satellite purposes, such as monitoring or physically interacting with other spacecraft. The behavior of satellites engaged in these operations, whether for commercial or suspected military purposes, can be easily confused for counterspace operations, creating risks of misunderstandings and unintended escalations. Distinguishing between a surveillance tool and a weapon is difficult based solely on RPO behavior. This ambiguity complicates efforts to establish clear "rules of the road" and norms of responsible behavior in space. The report suggests that an approach modeled on the 1971 U.S.-Soviet agreement on incidents on and over the high seas could help establish norms for peacetime RPO activities and reduce the risk of misunderstanding. Defining what constitutes unsafe or unprofessional RPO behavior is a key compliance challenge.

Pervasive electronic warfare, particularly GPS jamming and spoofing, is another area impacting compliance with international norms governing the use of the electromagnetic spectrum. While often used for force protection in conflict zones, this interference affects systems used by civilians and commercial entities globally. This widespread jamming has been attributed to actors like Russia, Israel, and North Korea. Despite warnings from international bodies like the International Telecommunication Union (ITU) and the International Civil Aviation Organization (ICAO), nations continue to deploy these systems. This highlights a challenge in enforcing compliance with international regulations regarding harmful interference with satellite signals relied upon for global navigation and communication.

The growth of the commercial space sector further complicates the compliance landscape. Commercial companies are increasingly providing services like satellite communication and Earth observation that are critical to government and military operations. This integration means these private sector entities and their assets are now considered "legitimate targets" by some nation-states, like Russia, which has warned against commercial systems supporting U.S. "military space ambitions". The application of international humanitarian law (the law of armed conflict), which traditionally distinguishes between civilian and military objects, becomes complex when commercial satellites perform dual-use roles. This raises difficult questions about the legal status of commercial satellites during conflict and how international law applies, posing a significant compliance challenge in defining boundaries in wartime.

Finally, the persistent threat of cyber operations targeting space systems poses fundamental challenges to compliance, particularly regarding attribution and accountability. Cyberattacks on ground infrastructure, satellite terminals, or spacecraft can disrupt or disable systems and steal sensitive data. However, determining the attacker's motivation and definitively attributing the attack to a specific state or actor is often difficult. This ambiguity makes it challenging to hold actors accountable for malicious cyber activities in space, thereby impeding efforts to ensure compliance with potential norms or prohibitions against attacking space systems via cyber means. Examples like the compromise of Maxar Space Systems employee data or Iran-linked actors targeting the space sector for intelligence gathering illustrate the tangible impacts, but attribution remains complex.

In summary, the 2025 Space Threat Assessment, while focused on capabilities and intentions, reveals a domain grappling with significant compliance issues. From the clear treaty violation potentially posed by nuclear ASATs to the ambiguous application of norms for RPO and dual-use technologies, the challenge of managing unintentional debris, the pervasive interference from electronic warfare, and the difficulty in attributing cyberattacks, the report demonstrates that the increasing danger in space is inextricably linked to the complexities of establishing, interpreting, and enforcing rules in this critical and evolving environment.

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