EU Explanation of Vote – UN General Assembly 1st Committee: Before the vote on Cluster III (Outer space) on No First Placement of Weapons in Outer Space and Prevention of an Arms Race in Outer Space

Mr. Chair,

I have the honour to speak on behalf of the Member States of the European Union, with the alignment of the Candidate Countries North Macedonia*, Montenegro^*, Albania^*, Ukraine, the Republic of Moldova, and Bosnia and Herzegovina^*, and the EFTA country Iceland, member of the European Economic Area, as well as San Marino and Canada, to explain our vote against the proposals contained in documents L.37 "No First Placement of Weapons in Outer Space", and L.38 “Further Practical Measures on the Prevention of an Arms Race in Outer Space”.

The EU and its Member States are actively engaged in promoting the preservation of a safe, stable, secure and sustainable space environment and the peaceful use of outer space on an equitable and mutually acceptable basis for all. We remain strongly committed to the prevention of an arms race in outer space, thus safeguarding the free exploration and long-term use of the space environment for peaceful purposes.

We share the view that we need further practical measures for PAROS in accordance with the spirit of the Outer Space Treaty, as it is also set out in the Final Document of the First SSOD in 1978. Such measures can be a combination of legally binding and non-legally binding ones and should cover all aspects of PAROS, including the prevention of the outbreak of conflicts in outer space. Draft resolution L.38, however, leaves ambiguity on definition regarding the question of what constitutes a weapon in space. Almost every object could in one way or another be considered a weapon if used in an aggressive manner. In the same vein, draft resolution L.38 fails to address the reality of growing threats emanating from Earth to peace and stability in space.

Also, given the rapidly evolving space activities and threats, we do not believe that legally binding prohibitions would be the only tool to curb those. They can be addressed through a combination of legally binding and non-legally binding measures. While reaffirming the importance of developing verifiable legally-binding instruments in this field, the EU and its Member States believe that developing norms, rules and principles of responsible behaviours is the most pragmatic and immediate way forward to make progress on PAROS and improve space security. Only through considering various forms of measures can we build common understandings on key concepts and objectives and, eventually building on this, consider the negotiation of legally-binding instruments on PAROS, avoiding as much as possible the duplication of efforts and redundancy of action. We hope to discuss these issues extensively at the upcoming substantive sessions of the OEWG on PAROS in all its aspects, as per its mandate adopted last year. Our goal is to reach a synthesis of different narratives there, in the interest of all, which this draft resolution does not help in our view.

Mr. Chair.

With regard to draft Resolution L.37, our position has been known for many years and remains unchanged. We stress that the no-first-placement approach neither addresses the difficult issue of defining what a weapon in outer space is, which continues to make this resolution ineffective, nor does it address threats from the malign use of space systems to interfere with other space systems. Ambiguities, regarding the use of certain objects and regarding intentions on their use, could lead to misinterpretations, misunderstandings and miscalculations, and could consequently increase the risk of conflict in space. Again, we expect substantial in-detail discussions on this matter at the upcoming substantial sessions of the OEWG on PAROS in all its aspects.

Furthermore, with space being increasingly contested and congested, we remain concerned about the continued development and testing of anti-satellite weapons and the repeated threats by the Russian Federation to target commercial satellites. We underline the importance of addressing such dangerous and highly destabilizing actions promptly, comprehensively, and as part of international efforts to prevent an arms race in outer space,something that this resolution does not do sufficiently. 

Mr. Chair.

Against this background and as per UNGA resolution 77/41, the EU welcomes the national commitments made by an increasing number of UN Member States not to conduct destructive direct-ascent anti-satellite missile tests, including all EU Member States. This contributes to building the necessary confidence between States to reach our overarching goal of PAROS.

The EU Member States will vote against these two resolutions and call on other Member States to do the same.

Thank you, Mr. Chair.
 

* North Macedonia, Montenegro,  Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.