The Application of the IHL Distinction Principle in Space —Necessity and Urgency of the Interpretation of General International Law

The paper exemplifies the application of the distinction principle, a fundamental principle of IHL, in the assumed space armed conflicts, and analyses the challenges brought two aspects: dual use of space objects and limited means of space warfare. It further provides corresponding recommendations, for instance, to establish the principle of urging "reverse distinction", to restrict certain services in specific zones. It also proposes the principle of absorption, namely a space object's military use will take precedence over its civilian use, and rendering the entire object as a military target, with the new proportionality principle as a restriction on warfare methods and means. This paper can serve as useful reference for delegations to clarify their legal positions in the context of the interpretation of lex lata in space scenarios and to find a way out from the dilemma of the process of PAROS.