May 5 – 9, 2025
STELLENBOSCH, CAPE TOWN, SOUTH AFRICA
Africa/Johannesburg timezone

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ON THE LEGALITY OF ANY OTHER NUCLEAR EXPLOSION

May 8, 2025, 4:26 PM
8m
STELLENBOSCH, CAPE TOWN, SOUTH AFRICA

STELLENBOSCH, CAPE TOWN, SOUTH AFRICA

Protea Hotel by Marriott® Stellenbosch
Oral The Decision to Act: Political, Legal, Social and Economic Aspects Session 9: The Decision to Act: Political, Legal, Social, and Economic Aspects

Speaker

Hannes Mayer (Competence Centre for Space Law and Policy, Department of Global Governance, University of Graz, hannes.mayerquni-graz.at, Universitätsstraße 15, A-8010 Graz, Austria, +433163803271)

Description

Keywords: planetary defence, nuclear weapons,NPT, legality

Numerous so-called asteroid impact mitigation techniques have been and continue to be discussed. The range of proposed measures goes from gravity tractors to destruction or deflection of asteroids through nuclear explosions.
Especially when faced with very large objects and only a short warning time, the latter option – namely the nuclear one – might be one of the few feasible options.

But the deployment of nuclear explosive devices to counter incoming NEOs faces several legal questions. International law has certain reservations against nuclear weapons in space. The 1967 Outer Space Treaty forbids to station nuclear weapons or other weapons of mass destruction in Earth orbit, on the Moon or other celestial bodies or otherwise in outer space. Further, the Partial Test Ban Treaty forbids nuclear test explosions in space. Now, it can be argued that nuclear explosives used for planetary defence are not weapons and that an operational planetary defence mission is not a test. But the wording of the NPT applies to nuclear weapons tests and to “any other nuclear explosion.”
Yet, from historical, legal and political perspectives, several arguments can be made that such an operation would still be legal. A further look will be given at options to create more legal clarity

Author

Hannes Mayer (Competence Centre for Space Law and Policy, Department of Global Governance, University of Graz, hannes.mayerquni-graz.at, Universitätsstraße 15, A-8010 Graz, Austria, +433163803271)

Presentation materials