Speaker
Description
As scientists seem to be convinced about the existence of extra-terrestrial life, the question remains whether we would be able to ever come in contact with extra-terrestrial lifeforms due to the physical laws of time and space. Upcoming missions to Mars (Mars Sample Return, ExoMars) might join other existing pieces of the puzzle in understanding potential formation of extra-terrestrial life but are clear in terms of their goals and limitations: finding traces of past life on Mars while avoiding any of the Mars special regions as set out in the COSPAR planetary protection guidelines. Finding life on celestial bodies (other than on Earth) therefore seems unlikely in the near future, apart from stumbling upon potential tardigrade castaways from the Beresheet lunar lander.
Nevertheless, as law should not only react but also provide foresight we are obliged to take a look at whether use of force against extra-terrestrial lifeforms can be justified under the current legal and philosophical framework.
In international law, use of force in any manner inconsistent with the purposes of the UN is only permitted subject to special conditions such as acting in self-defence in case of an armed attack occurring against a UN Member State and only until the UN Security Council takes measures necessary to maintain international peace and security. Since one of the main purposes of the United Nations is maintaining worldwide peace and security we can (a simili ad simile) conclude that maintenance of peace and security also applies to our Solar System and the Universe. Such interpretation is further confirmed by deductive reasoning through Article IV of the Outer Space Treaty and UNGA Resolution 1884 (XVIII) of 17 October 1963.
Use of force on national levels is also limited and heavily scrutinized. In criminal law (e.g. looking at the German Strafgesetzbuch) using force in self-defence (Notwehr) or due to a justifying emergency (Rechtfertigender Notstand) are justifiable circumstances, meaning (a contrario) using force outside those circumstances is prohibited. Moreover when force is used by public authorities it is far from absolute, e.g. the 1967 UK Criminal Law Act stipulates that “A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest..”.
The above provisions of course only provide protection to fellow human beings as other living beings are often considered property (despite some jurisdictions implementing changes influenced by animal right activists in recent decades). If we are to apply Haley’s Interstellar Golden Rule: do unto others as they would have you do unto them, it becomes increasingly important when we recognize extra-terrestrial lifeforms as sentient persons that bear the same rights as human beings and humankind. Moreover recent developments suggest not only sentient beings but also natural objects should have legal rights, e.g. the Whanganui river in New Zealand was recognized as a legal entity in 2017, granting the river legal rights and standing.
This paper therefore proposes to analyze the justification of using force against extra-terrestrial life and potential mechanisms of assigning and protecting legal rights to extra-terrestrial life. Even though doing so might not be of immediate urgency it might nevertheless help us better understand ourselves and our role in the Universe.
