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DOD General Counsel Emphasizes Multi-Domain Lawyering in Space at Legal Conference
Caroline Krass is the General Counsel of the Department of Defense. Appointed by the President with the advice and consent of the Senate, she was sworn in on August 2, 2021..
DOD General Counsel Emphasizes Multi-Domain Lawyering in Space at Legal Conference
by Clarence Oxford
Los Angeles CA (SPX) Mar 07, 2024

In an address at the U.S. Space Command Legal Conference, the Honorable Caroline Krass, General Counsel of the Department of Defense (DOD), delivered a compelling vision for the future of space law. Her speech, titled "Space Law: Promoting the Rules-Based Order Through Multi-Domain Lawyering," underscored the pivotal moment we find ourselves in the realm of outer space-a domain undergoing rapid transformation with significant implications for global security, technology, and governance.

Krass opened by acknowledging the organizers and attendees of the conference, a mix of military, government, and industry legal professionals gathered to tackle the burgeoning challenges of space operations. This assembly reflects the growing recognition of space not just as a frontier of exploration but as a critical arena for legal and policy formulation.

Drawing on President Biden's description of the current era as a "decisive decade," Krass highlighted the accelerated pace of change in space, driven by technological advances and an expanding cast of governmental and commercial players. The 2022 National Security Strategy, as she pointed out, identifies space as a domain where the stakes for humanity could not be higher, offering unparalleled economic, technological, and environmental monitoring opportunities. Yet, with these opportunities come heightened vulnerabilities and the urgent need to safeguard U.S. interests in space.

Krass emphasized the United States' commitment to leadership in space, advocating for a domain marked by "sustainability, safety, stability, and security." This entails not only advancing governance mechanisms and space-traffic coordination but also fostering international collaboration and bolstering the competitive edge of the U.S. commercial space sector.

At the heart of Krass's message were two core themes: the integral role of space law in promoting a rules-based international order and the concept of "multi-domain lawyering." The former highlights the importance of legal frameworks in achieving strategic objectives, while the latter acknowledges the interconnected nature of space operations that span various sectors and demand collaborative legal practices.

Krass detailed how the DOD, under her guidance, is navigating these complexities, ensuring adherence to domestic and international legal standards and leveraging legal expertise across multiple domains to address the multifaceted challenges of space operations. These operations include space domain awareness, navigation, intelligence, surveillance, and satellite communications-each presenting unique legal considerations.

One of the most striking aspects of her speech was the focus on "multi-domain lawyering" as essential for addressing the diverse challenges of space law. This approach recognizes that effective legal practice in the space domain cannot occur in isolation. It requires a cross-cutting, nimble legal practice capable of navigating the public and private, civil and military, domestic and international intricacies of space operations. Krass highlighted the collaborative nature of space law, involving extensive coordination within the Department of Defense and across the interagency legal community, as well as with foreign partners and commercial entities.

Moreover, Krass emphasized the importance of engaging with allies and partners, developing norms and policies for responsible behavior in space, and collaborating with the commercial industry to ensure the continued growth and sustainability of space activities. These efforts are crucial for reinforcing the rule of law and promoting a stable, secure space environment.

In addition to fostering international cooperation, Krass underscored the DOD's role in advancing responsible norms and policies that build upon the foundational principles of international space law. She cited the U.S. commitment to not conducting destructive direct-ascent anti-satellite missile tests as an example of leadership in establishing norms for responsible behavior in space.

The General Counsel also highlighted the significance of collaboration with the commercial sector, acknowledging the dual nature of opportunities and challenges presented by the burgeoning commercial space industry. The growth of commercial space activities brings innovative capabilities but also necessitates rigorous legal frameworks to ensure these activities are conducted responsibly and sustainably.

In her concluding remarks, Krass reiterated the importance of multi-domain lawyering and the collective effort required to navigate the legal complexities of space operations. By advancing the rules-based order and engaging in comprehensive legal and policy work, the United States aims to ensure that space remains a domain characterized by peaceful cooperation, sustainable development, and security for all.

Krass's address at the U.S. Space Command Legal Conference serves as a clarion call for a concerted, multidisciplinary approach to space law. As we navigate the "decisive decade" and beyond, her insights lay the groundwork for a comprehensive strategy that balances the opportunities and challenges of space, ensuring that the final frontier remains a realm of peace, prosperity, and legal order for future generations.

To read the full remarks of Caroline Krass visit here

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