Abstract
The 2016 United Nations’ Resolution 2325 “Non-proliferation of Weapons of Mass Destruction” manifests one of the greatest challenges for humankind in relation to preventing a global catastrophe, where it reaffirms that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security. However, regarding the continuous technological developments of terrestrial-based WMD aimed at orbiting space objects in near-Earth orbit, it is crucial to analyze whether, and if so, how 2325 prevents their proliferation and utilization. Another relevant argument addresses the terminological factuality that, while treaty and customary law do provide some guidance on the legality of weaponization, the concept of a “space weapon” is still not clearly defined. Moreover, even though the Outer Space Treaty prohibits the placement of nuclear weapons and WMD in near-Earth orbit, installing them on the Moon or any other celestial body, or to otherwise station them in outer space, it simultaneously excludes terrestrial-based anti-satellite weapons, thus creating a legal loophole. National representatives of superpowers, particularly of space-faring nations, are aware of the existing issue and often express their concerns toward comprehensive ASAT development and utilization. Nevertheless, the potential weaponization of outer space will not be actively recognized and accepted as an official occurrence within the international community until our current space systems are eventually utilized in order to destroy or damage another State’s space object.