Abstract
Militarization has been present in outer space since the start of its exploration and use. However, in recent years, it has clearly gained importance and become an undeniable necessity of our times. This involves launching government military missions and using satellite technology owned by governments or private entities for military purposes. This situation creates challenges that are not only political, but also legal, and institutional: Who should govern military space operations, and how? How the law and institutions manage military space operations may affect sustainable development goals, i.e., reconciling the needs of the present with those of future generations. This is due to the fundamental independence of military missions from the applicable legal framework and the authorities competent to supervise civilian space exploration. In this context, the author mainly refers to the impact that military space activities may have on space debris, i.e., the upstream phase. The issue is not only the threats posed by ASAT tests. It’s also about how “daily” military operations in space are designed, conducted, and managed. The author’s thesis is that the current legal and institutional approach to military missions in outer space does not align with sustainable development requirements. To change this, it is necessary to partially cover military space missions with a legal space regime and coordinate the management of these missions with authorities competent in civil space exploration regarding the application of technical safety standards. The study’s research objective is to provide recommendations for the optimal approach to military space operations that align with sustainability goals from legal and institutional viewpoints. To achieve this objective, the author analyses international and European legislation and conducts case studies of selected national space legislation and strategies.