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New U.S. Cybersecurity Strategies

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The United States was one of the first countries to treat cybersecurity as a matter of strategic importance. The terrorist attacks on September 11, 2001, as well as the growing threat to the economy, which was becoming increasingly dependent on ICT, forced the George W. Bush administration to reassess the task of securing critical infrastructure facilities. The required an integrated approach, which duly emerged with the publication of the National Strategy to Secure Cyberspace.

President Barack Obama announced cybersecurity as one of the most important tasks facing the U.S. government. Another task was to develop the new opportunities afforded by cyberspace and harness them for the purposes of serving national interests. The Cyber Space Policy Review was developed and presented in 2009. It contains an analysis of the existing cybersecurity system, as well as a plan for its transformation with a view to providing better cyber defence of the United States. In 2011, the United States published its International Strategy for Cyberspace, the goal of which is to create a unified platform for international cooperation in cyberspace on the basis of U.S. approaches to cybersecurity. The position of Senior Coordinator for Cyber Issues was created at the U.S. Department of State to promote the country’s cybersecurity policy. An interesting feature of the International Strategy for Cyberspace was the emphasis on so-called “capacity-building,” specifically on rendering assistance to developing countries through the provision of the necessary resources, knowledge and experts, including with a view to these countries developing their own national cybersecurity strategies.

In contrast to the George W. Bush era, U.S. representatives played an active role in preparing the report of the United Nations Groups of Governmental Experts in 2010. In 2011–2013, a number of summit-level bilateral negotiations on cybersecurity issues were held, primarily between Russia and China, during which there was an attempt to develop the “rules of the game” for leading powers in this new sphere of international relations. The high point in U.S.–Russia relations was the singing of the Joint Statement by the Presidents of the United States of America and the Russian Federation on a New Field of Cooperation in Confidence Building in 2013. The document also outlined cooperation measures in the protection of critical information systems and mechanisms for reducing cyberthreats. Unfortunately, all agreements were frozen following the outbreak of the Ukrainian crisis. And they cannot be considered tenable under current conditions, as all attempts to bring them back to life have failed.

Donald Trump: America First

The new Strategy is a logical continuation of the policy of recent years and is now enshrined at the doctrinal level. As we have already mentioned, it resembles the policy of George W. Bush more than that of Barack Obama, although it does borrow from and refine some points of the latter’s strategy to meet current needs. The first thing that catches the eye about the new Cyber Strategy is that is forms an image of an external threat to freedom and democracy and focuses on ensuring peace through strength. The Strategy repeatedly mentions the main opponents – Russia, China, Iran, North Korea and international terrorism.

The policy outlined in the document is based on four pillars: protecting the American people, the homeland and the American way of life; promoting American prosperity; preserving peace through strength; and advancing American influence. In some areas, you can find specific examples of recent events that formed the basis of a new policy that could affect both U.S. policy and international relations in ICT security in general.

The main objective of the first pillar of the new Strategy is to manage cybersecurity risks in order to improve the reliability and sustainability of information systems, including critical facilities. One of the new elements of domestic policy is the development of a risk management system in the Federal supply chain that would include, among other things, determining clear authority to exclude (in individual cases) supposedly risky vendors, products and services. These actions will be combined with efforts to manage risks in supply chains connected with the country’s infrastructure. The level of risk associated with using a specific vendor’s product should be determined on a case-by-case basis. At the same time, examples of similar policies allow us to state with confidence that, as far as the United States is concerned, the main unreliable vendors are located in Russia and China. Given the growing trade and economic standoff between the United States and China, the next logical step could be a ban on the use of Chinese components in government agency servers, just like what happened with Kaspersky Lab. This may very well be followed by an embargo of Chinese components by major companies and at critical infrastructure facilities. At the same time, the United States will promote the development of the internet and an open, compatible, reliable and secure communications infrastructure that will increase the competitiveness of American companies and help them counter the economic interference of other countries in areas of strategic competition.

The new Strategy focuses on improving cybersecurity in the transport and maritime infrastructure, as well as in space. The modernization of these sectors makes them more vulnerable to cyberattacks. The safety of maritime transport is particular concern, as transport delays or cancellations could disrupt the economy at strategic and lower dependent levels. The NotPetya malware attack that cost the logistics company Maersk a total of $300 million in 2017 as a result of a violation of its operating activities drew attention to the problems in this area. In response, the United States plans to establish the necessary roles and areas of responsibility, promote improved mechanisms of international cooperation and information exchange and help create a next-generation maritime infrastructure that is resistant to cyberthreats. It is possible that the maritime infrastructure of other states that participate in international maritime trade may, under the pretext of noncompliance with American standards, be deemed “unsafe” (for example, liquified natural gas terminals or ports along the Northern Sea Route).

Another important element of the policy outlined in the new Strategy is the modernization of legislation in electronic surveillance and computer crime. The United States is expected to update its legislation in these areas in order to expand the power of law enforcement agencies to legally collect evidence relating criminal activity and carry out further operational, investigative and judicial activities. Evidence may be collected outside the United States. In the past, these activities were carried out under so-called mutual legal assistance treaties, including the Budapest Convention on Cybercrime. However, the CLOUD Act adopted this year gives law enforcement agencies considerable powers to obtain information stored in the servers of U.S. companies operating outside the country. As a result, countries are no longer required to enter into mutual legal assistance treaties and inform other states that they are carrying out investigative activities in their territory. Interestingly, while the new Cyber Strategy contains statements about rejecting censorship on the internet and adhering to a free and open cyberspace, it also instructs law enforcement agencies to work with the private sector to overcome technological barriers, for example anonymization and encryption technologies, that are used to ensure this much-touted “freedom of the internet.”

The Strategy places considerable emphasis on actions aimed at expanding U.S. influence around the world. One of these areas is developing the capacities of partner countries to counter cybercrime. When U.S. law enforcement agencies issue a request for assistance, the country in question has to possess the appropriate technical capacity. Despite the fundamental problems of the Budapest Convention on Cybercrime (the lack of development and the threat of state sovereignty being violated), the U.S. Administration will work to increase the international consensus with regard to it. The UN draft resolution “On Cooperation in the Field of Countering Information Crime” put forward by Russia has not even been critically evaluated.

Peace through Strength

The United States is prepared to use all available tools of national power, including military force, to deter opponents from malicious acts in cyberspace that threaten its national interests, allies and partners.

The mechanism for determining the degree of “malicious intent” of actors in cyberspace will be based on the American interpretation of the provisions of international law and the voluntary non-binding norms of the responsible behaviour of states in cyberspace. These norms were developed by a UN Group of Governmental Experts in 2015 and were intended to define the limits of acceptable behaviour of all states and contribute to greater predictability and stability in cyberspace. The United States will encourage other countries to publicly adopt these principles and rules, which will form the basis for joint opposition to states that do not conform to them. In order to identify these states, the Executive Branch of the United States and the country’s key partners plan to share objective and relevant data obtained by their respective intelligence agencies. Obviously, in the context of the widespread use of public attribution, the unsubstantiated statements of a powerful state on the involvement of a given country in a cyber incident cannot lead to an escalation of tensions. There is no indication in any of the documents of the international legal mechanisms that may be created for the legitimate investigation and judicial examination of cyber incidents, including those that, in the opinion of the United States, may be considered an armed attack.

At the same time, work is under way on the establishment of possible consequences of irresponsible behaviour that causes damage to the United States and its partners. The United States expects to build strategic partner relations that will be crucial in terms of exerting influence on the “bad” actors in cyberspace. The Cyber Deterrence Initiative should be a key component of this: coordinating the general response of a broad coalition of likeminded states to serious malicious incidents in cyberspace, including through intelligence sharing, attribution, public statements of support and other joint actions. The United States Department of Defense will carry out similar work to consolidate and strengthen joint initiatives. In accordance with the Law on Budgetary Appropriations for National Defense, in 2018, the Department of Defense carried out a comprehensive review of military strategy in cyberspace and the possibilities for its implementation. The result was the publication of a new Department of Defense Cyber Strategy, many elements of which overlap with the National Cyber Strategy. In accordance with the provisions contained in the Department of Defense Cyber Strategy, the development of cyber capabilities intended for both military purposes and combatting malicious actors in cyberspace will be accelerated. The United States will be able to promote its interests through operations in cyberspace across the entire spectrum of conflict intensity, from daily operations to wartime, while cyber capabilities will be used proactively. This cannot but cause concern, especially considering the fact that Donald Trump has lifted many of the barriers to carrying out cyber operations and the Cyber Command has been given greater independence, becoming the Department of Defense’s 10th Unified Combatant Command

On the whole, the new cyber strategies are aimed at strengthening the power, increasing the influence and promoting the interests in the United States on the international stage. At the same time, Donald Trump’s pre-election campaign slogan of “America First” is being implemented on completely different levels – the promotion of American know-how and technologies and the rallying of allies and partners. Meanwhile, U.S. markets are closing themselves off under the pretext of national security to goods and services provided by companies from “unreliable” states. Similar steps by other states – for example, the requirement that personal information be stored on servers inside the country – are declared to be undermining the competitiveness of American companies.

As for the norms of behaviour in cyberspace developed by the UN Group of Governmental Experts, the United States will promote them and use them to its advantage. This will probably be done through public attribution without any serious evidence, which seems to be par for the course these days. This mechanism of marginalization will not lead to an increase in stability and security, given that it involves a coordinated response from the United States, not only by means of attribution, but also through (proactive) military action.

The Strategy does not outline plans for the creation of international legal mechanisms that could independently, objectively and with due competence carry out a legitimate investigation and make a court decision with regard to malicious acts in ICT. This means that the suspects are already known and there is no doubt as to their identity – Russia, China, Iran, North Korea and international terrorism. At the same time, the Strategy does not say anything about how we might overcome the current crisis situation. Instead, there is a clear signal that no mutually beneficial or mutually essential official contacts on information and cyber security have been planned for the near future. This means that the schism between the American and Russian–Chinese visions of the future ICT environment is only growing, which could lead to the eventual fragmentation of the ICT environment and the internet. Having said that, Russia and China do not want the situation to unfold in this way. This much is clear from the resolution submitted for consideration by the UN General Assembly entitled “Developments in the Field of Information and Telecommunications in the Context of International Security.” Traditionally, these resolutions serve to highlight current events in international information security and do not contain any significant declarations. However, this particular resolution calls on all states to follow the norms, rules and principles developed in 2015 and convene a meeting of the Group of Governmental Experts to address the issue of how to implement these norms.

Active work at the unofficial level (namely, track one and a half diplomacy) at various international forums and other platforms could also help overcome the current crisis. Restoring relations should start with steps to re-establish mutual trust, perhaps through participation in projects involving a number of international players. Moreover, given the political will, the sides could focus on solving problems in a manner that is in the interests of both states.

First published in our partner RIAC

Defense

Indian Conventional and Strategic Arms Buildup: Implications for Pakistan

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South Asia’s regional dynamic is both flamboyant and intricate. Various empires have formed, prospered, and perished over the millennia, as innumerable conflicts and struggles for control of resources spread over the globe. However, 2021 was a year of fierce weapons competition between South Asia’s nuclear neighbors, India and Pakistan, who carried out 26 missile tests. India launched 16 ballistic and cruise missiles while Pakistan tested 10 missiles with nearly identical capabilities.

As a response to the perceived inability of the Indian Armed Forces (IAF) to adequately respond to the Pakistani insurgencies, and after the failure of the Indian forces to quickly react and mobilize their forces in 2001, the Indian Army and the defense policymakers realized the lack of modernized and consistent army doctrine. This resulted in the announcement by the Indian Army in 2004 of a new limited war doctrine known as the Cold Start Doctrine (CSD).

Importance of Air Base

The importance of air superiority can be witnessed by looking at the six days of the Arab-Israeli War, in which the Israeli forces pre-empted an attack from the bases of Jordan, Syria, Egypt, and Iraq, and struck the air force before the fight even began. The outcome of the war was determined during its first hours. By destroying the opposing air fleet, Israeli forces gained air superiority, and thus the Arab forces were helpless in their efforts, which eventually resulted in a humiliating defeat for the Arabs.

Indian Air-Bases: A Strategic Threat

In the contemporary era, military forces are going for weapon systems that require absolutely no time at all when it comes to striking a target. In that regard, the air force comes first for the obvious reason that its threshold is low as compared to a ballistic missile strike. Indian force deployment and employment are very close to Pakistan’s borders, from Siachen to the Rann of Kutch. In India’s most recent attack on Balakot, which took place in 2019, the air force was utilized. This clearly shows the Indian resolve to use the air force in any future blatant aggression like the one in February 2019.

The Indian air force deployment is tailor-made for Pakistan. If one analyzes the airbases/airstrips positioning and range from the Pakistani-Indo international border, the Line of Control (LOC), and the working boundary, it is quite obvious that the positioning shows the aggressive posture of the Indian Air Force. When deployed at those bases, the aircraft are the finest in the Indian military, both in terms of their quality and serviceability. When it comes to the up-gradation of the base’s facilities, this is the top priority list that is visible to everyone. In May 2021, the bases in Pakistan got priority.

The bases are positioned in such a strategy to cover every city in Pakistan, as it has no strategic depth. Pakistan’s major cities, like Karachi, Lahore, Multan, Faisalabad, Hyderabad, Bahawalpur, Rahim Yar Khan, Sialkot, and even the capital, Islamabad, are within the Indian Air Force’s reach. The same goes for the areas in Kashmir and Gilgit Baltistan.

Future Threat Scenario

Now the question arises what will happen in the future in light of past historical data? The answer to this is both simple and complex. It is simple in the context that the IAF will target Pakistan with its pre-defined strategy of naked aggression against peaceful neighbors, while the Indian Army is following a pro-active offense posture; the complex part is where, when, and how.

The IAF will utilize the war scenario created by the Indian government and Indian media after a staged terrorist attack on a civilian or military target, for which they will put full blame on the Pakistani state and security apparatus. They will try to raise the temperature to the point where the Indian civil establishment shows the world community that now enough is enough and our people are demanding a counter-strike. At that time, the Indian establishment will use its media to put blame on Pakistan and create a war-like scenario while raising tensions.

In light of that, the IAF, under the orders of the Indian government, along with the Indian army, will start attacking the Pakistani bases in the early moments of the war because if the IAF does not target PAF bases, then there will be grave consequences for the Indian army, and the Pakistani army also has additional fire support bases. The above-mentioned rationale will be the main cause of the IAF attacking the PAF infrastructure, thus undermining the national security of Pakistan. The Indian army, with the IAF, will aspire to rapid, shallow penetration of Pakistani territory, without crossing the nuclear threshold of Pakistan. The Indian military will go for a quick and short battle that will surprise Pakistan because that is the only possible strategy in their minds when talking about limited war scenarios or showing off war.

Conclusion

The IAF is a major threat to the national security of Pakistan in the wake of its alignment with the Indian military’s CSD. The operational exercises conducted in the past and the recent strikes at Balakot exhibit the growing role of the IAF in the Indian military offensive strategy against Pakistan. Vast parts of Pakistan are within the combat radius of the IAF’s operational fighters because of Pakistan’s lack of strategic depth.

The IAF will try to use this as an advantage to support the pro-active and offensive strategy of the Indian Armed Forces to harm Pakistan, as that would be their prime objective because of their hegemonic designs. In order to protect itself from India’s flagrant military aggression, Pakistan should take some protective measures.

Recommendations

In the wake of the growing IAF threat, the PAF and Pakistani government should take the following measures on an urgent basis:

  • Build some new airstrips along the border with India, to balance the threat by not allowing an IAF advantage in any sector. Moreover, the building of airstrips requires less money; thus this step will not put a strain on Pakistan’s economy;
  • Buy more advanced surveillance radars to detect early IAF movement.
  • Purchase advanced surface-to-air missiles to create a defensive barrier;
  • Go for indigenizing the modern, state-of-the-art 5th generation fighter aircraft, as buying from foreign suppliers is very expensive.
  • Ask the international community to put pressure on both sides to sign confidence-building measures that will lead to peace and stability.
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The audacious AUKUS submarine deal and Asia’s changing security landscape

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image source: twitter @POTUS

In this exhaustive analysis, I try to spell out the impact and potential consequences of the recently-brokered submarine deal between the U.S., the U.K., and Australia on Asia’s changing security landscape.

***

All advanced navies of the world possess lethal submarines, powered by either diesel-electric or nuclear propulsion. These underwater warships are the most potent asset at the disposal of a naval force for maritime power projection, sea denial and sea control. Lying silently under water, they are capable of sinking surface ships, including large aircraft carriers, with torpedoes or ballistic missiles. Ever since WW-II, submarines have made its name as one of the most crucial components of maritime strategy and naval warfare. Australia and the U.K. are two key maritime nations of the world, which happen to be security allies of the United States, a country that owns and operates the largest fleet of nuclear-powered submarines in the world. Being nuclear-powered not necessarily mean being armed with nuclear warheads.

The 2021-formed AUKUS (Australia, U.S., U.K.) “enhanced trilateral security partnership” has taken cooperation between the three Anglophone countries to the next level. U.S. President Joe Biden hosted the prime ministers of the United Kingdom and Australia – PM Rishi Sunak and PM Anthony Albanese – in the Californian port city of San Diego on 13 March 2023, where they jointly announced a detailed four-phased plan to equip Australia (a non-nuclear-weapon state) with “conventionally armed, nuclear-powered” submarines (codenamed SSN) at least by the next decade along with strengthening cooperation in other areas such as critical and emerging technologies.

The plan would cost Canberra’s exchequer up to a whopping A$ 368 bn. (US$ 245 bn.) in total by 2055, according to reports. The detailed plan, spanning a time frame of three decades, was announced after an eighteen-month-long consultation period following the creation of AUKUS in mid-September 2021. Australian PM Anthony Albanese called the deal “the single biggest leap” in Australia’s defence capabilities in the nation’s history. If the plan goes ahead smoothly as planned, Australia will become the seventh country in the world to add nuclear-powered submarines to its navy. As the deal turns out to be a race against time, the biggest challenge is to ensure deterrence capabilities for Australia at the present, as the full benefits of the deal would take years to materialise.

AUKUS leaders believe that the deal would “strengthen deterrence and bolster stability in the Indo-Pacific and beyond for decades to come”, apparently keeping in mind the exponential growth of China’s naval power in the recent past. China has built 12 nuclear-powered submarines in the last two decades, including ballistic missile submarines (codenamed SSBNs) and is continuing its ambitious ship-building spree in all fronts. As per the AUKUS plan, the first phase of the deal is set to begin as early as this year, with U.S. and British SSNs increasing their port visits in Australia along with joint embedded training of naval personnel, which will be followed by a rotational deployment of U.S. and British SSNs in the island continent.

In the remaining two phases of the deal, Washington will deliver a flotilla of three to five advanced Virginia-class nuclear-powered submarines to Australia by the early 2030s, upon Congressional approval, and eventually a new “SSN-AUKUS class” of nuclear-powered submarines (SSN) will be developed in the decade that follows, for future commissioning in both British and Australian navies. With the use of nuclear energy involved, the Indo-Pacific region is abuzz with fears and concerns of an escalating arms race, even though AUKUS promises “the highest nuclear non-proliferation standard”.

Current owners of nuclear-powered submarines

As of now, only the five permanent members of the United Nations Security Council (U.S., Russia, China, U.K., France) and India have active nuclear-powered attack-capable submarines in their naval fleet (see the image below). More than half of the 130 active nuclear-powered submarines in the world are operated by the U.S. Navy (67), followed by Russia (31), China (12), U.K. (10), France (9) and India (1). The rise of China’s offensive military capabilities and its naval power in particular, since the 1990s, is the single largest factor that has convinced Canberra to join hands with Washington and London to bolster its own capabilities, through AUKUS, by making use of “next-generation” British hull design and “cutting-edge” American technology.

Countries with active nuclear powered submarines (via Statista)

The AUKUS deal smartly gets away with a loophole in the Nuclear Non-Proliferation Treaty (NPT) of 1968, which allows for the transfer of fissionable material and nuclear technology from a nuclear-weapon state (NWS) to a non-NWS if it is used for non-explosive military use like naval propulsion. Such a transfer is also exempted from inspections and monitoring by the Vienna-based International Atomic Energy Agency (IAEA), an organisation that stands for the peaceful use of nuclear energy and the promotion of nuclear safety. The IAEA Director General said that he had received “separate communications” on the matter from the Prime Minister and Foreign Minister of Australia, as well as from the U.K. and the U.S.

Mixed reactions

Of all the countries that have reacted to the highly ambitious AUKUS project, the responses of China and Russia stands out, as they are in direct strategic competition with the de facto leader of AUKUS – the United States. While the Chinese foreign ministry spokesperson remarked that the U.S. and its AUKUS allies are “walking further and further down the path of error and danger for their own geopolitical self-interest”, Russian foreign minister commented, “the Anglo-Saxon world, with the creation of structures like AUKUS and with the advancement of NATO military infrastructures into Asia, is making a serious bet on many years of confrontation in Asia”.

While Australian Foreign Minister Penny Wong cities Canberra’s bid for “strategic equilibrium” in the region as the underlying factor that led to the AUKUS pact, opinions on the submarine deal, which comes at a humongous cost, are not uniform across Australia’s political spectrum. Former Prime Minister Paul Keating thinks Canberra is compromising on a proper national defence strategy to help maintain U.S. “strategic hegemony” in Asia and has also stated that the submarine deal would be ineffective in the event of a war. Indonesia, Malaysia and New Zealand have also shared their concerns about the risk of nuclear proliferation in the region.

As per the Bangkok Treaty of 1995, Southeast Asia is a nuclear-weapon-free zone (NWFZ). Moreover, almost all of the ASEAN member-states have deep economic linkages with China, even though they rely on the U.S. for “security and stability” in Asia. Even though some of them have disputes with Beijing in the South China Sea, like the Philippines and Vietnam, they prefer to avoid unnecessary “provocations” and try to balance their ties with the U.S. and China, amid intensifying regional rivalry between the two big powers. Australian defence and foreign ministries are expected to embark on a diplomatic charm offensive to assuage all concerns of Southeast Asian countries lying in China’s periphery.

Eyeing for balance of power

AUKUS was announced just one year after a Pentagon report claimed that China has built the world’s largest naval fleet in sheer numerical terms, even though the Chinese People’s Liberation Army Navy (PLAN) relies mostly on smaller classes of ships, while the U.S. naval strength is further multiplied by its allied navies. One of the most-overlooked events of March 2023 was the annual session of China’s ceremonial national legislature, the National People’s Congress (NPC), which handed over China’s Presidency to the hyper-nationalistic and revanchist leader Xi Jinping for an unprecedented third time in a row.

The newly-appointed Chinese foreign minister Qin Gang, formerly China’s Ambassador to the United States, held a press conference on the sidelines of the NPC, during which he made a significant remark that throws light on the deteriorating state of U.S.-China relations. He accused the U.S. of harbouring a “Cold War mentality” and said, “… the United States claims that it seeks to out-compete China but does not seek conflict. Yet in reality, it’s so-called competition means to contain and suppress China in all respects and get the two countries locked in a zero-sum game … If the United States does not hit the brake but continues to speed down the wrong path, no amount of guardrails can prevent derailing, and there will surely be conflict and confrontation … Containment and suppression will not make America great, and it will not stop the rejuvenation of China …”

Washington’s shooting of a suspected Chinese “spy balloon” that flew over American airspace earlier this year is the latest example of this downward spiral in U.S.-China ties. The Indo-Pacific, as a geostrategic concept and a broader maritime region, came into being as China began to flex its military muscles throughout its immediate and extended neighbourhood, where U.S. and its allies have a robust military presence.

Being part of the U.S.-led alliance system, including the “Five Eyes” intelligence-sharing network and the recent AUKUS pact, Canberra has become a lynchpin of Washington’s evolving Indo-Pacific strategy to counter growing Chinese assertiveness and stated offensive intentions vis-à-vis Taiwan, the South and East China Seas, and also the Line of Actual Control (LAC) with India. Australia is also due to the host the third in-person Quad leaders’ summit later this year.

As the “threat perception” of China in the West continues to rise day by day, the extent to which an AUKUS-centered deterrence is possible in Asia remains to be seen in the years to come.

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Anti-Satellite Weapons: Risks and Regulations

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Today, outer space is characterised as an increasingly congested, contested, and competitive domain. This is because of an unprecedented increase in satellites and actors operating them. 13 countries now possess the capability to launch satellites compared to only two in the late 50s. In 1959, there were only two man-made objects in outer space but as of 30th April, 2022, Union of Concerned Scientists’ database included 5,465 active satellites. The number stood at 3,372 on 31 December 2020 – indicating an increase of 62%.

The growing dependence over space-based assets for day-to-day activities, like communication, navigation, and weather forecasts etc. indicates that the numbers are likely to grow exponentially. The environment that these satellites face is not benign by any standard. The biggest threat emerges in the form of space debris which are any human-made objects in orbit around the Earth that no longer serve any useful purpose. 60 years of human activities in outer space have generated over 29,000 human-made objects of larger than 10cm, while even a 1cm object can collide with a satellite to cause damage comparable to a hand grenade. While some of the debris generation is inevitable, Destructive Anti Satellite Weapons (DA-ASATs) testing has been a leading source of debris creation – something that can be prevented.

DA-ASATs, part of the counterspace capabilities which help a state in establishing space superiority while denying the same to its adversary, are essentially missiles which either directly hit a satellite in outer space or destroy it through proximity detonations. Use of this capability generates debris in outer space and threatens sustainable utilisation of outer space for peaceful endeavours. Other non-kinetic counterspace capabilities include physical non-kinetic capabilities like lasers and High Power Microwaves (HPMs) that damage on board circuitry of satellites, electronic counterspace capabilities which affect the satellites’ communications channels and cyber capabilities which target the data.

In November 2022, the United Nations General Assembly (UNGA) passed a non-binding resolution banning testing of DA-ASATs. The resolution was supported by an overwhelming majority of 154 states. The resolution was tabled by the United States (US) that had already announced a unilateral moratorium on such testing in April of that year. While the earliest demonstrations of such a capability date back to early Cold War, only four states have demonstrated this capability so far – the US, Russia, China, and India. While Russia and China voted against the resolution, India abstained from voting but expressed its preference for a legally binding treaty over self-declared moratoriums. Russia and China, on the other hand, objected to the resolution’s shortcomings over development of such a capability and lack of disarmament when it comes to states that already possess this capability. The two have also pointed out how the issue of non-kinetic ASATs was left out.

While the effort to mitigate debris-generation through banning the testing of DA-ASATs is praiseworthy, leaving out the continued possession, production, and development of DA-ASATs and more advanced non-kinetic capabilities is worrisome. In a way, the emerging trend of unilateral moratoriums and UNGA resolution is akin to establishing DA-ASAT ‘haves’ and ‘have nots’ as was the case of nuclear non-proliferation regime. A taboo on testing of these technologies is likely to emerge, making it difficult for other states to enter this club. Such an outcome would be desirable if the intent was to avoid an arms race in outer space and move towards disarmament of existing capabilities. However, that does not seem to be the case.

France, for instance, joined the US in announcing a moratorium on testing of DA-ASATs – in a way surrendering its option to demonstrate this capability. However, in 2019, French Defence Minister had publicised a French plan to develop anti-satellite laser weapons stating that, ‘If our [French] satellites are threatened, we intend to blind those of our adversaries.’ Lasers and other non-kinetic means present a different set of challenges for space security. Possession of such capabilities is difficult to verify, it is difficult to establish attribution once such weapons have been employed, and their non-destructive nature lowers the threshold of use. In case of electronic and counterspace capabilities, the barriers to entry are lower and the risks of proliferation are higher. If other states with significant stakes in outer space emulate the French approach, it is only going to increase the likelihood of warfighting in outer space.

The emerging taboo on non-testing of DA-ASATs is not shared by three of the four states which have demonstrated this capability so far. Notwithstanding the American divergences with Russia and China, there is merit in the position that the latter have taken. The next step, therefore, needs to be disarmament of existing DA-ASAT capabilities and a ban on their development. Alongside, the issue of non-kinetic counterspace capabilities also needs to be addressed. Without a comprehensive approach towards space security and addressing the concerns of all stakeholders, there is no way to ensure that contestation in outer space will not escalate to undesirable levels.

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