Nehal Emam, Shadi Alshdaifat, Abdulellah Al Nawayseh
ABSTRACT
As human activity in outer space accelerates—driven by both governmental missions and private sector ventures—the question of criminal liability in this extraterrestrial domain has become increasingly urgent. This paper examines the evolving legal landscape surrounding crimes committed in outer space, focusing on the foundational elements of criminal liability: the material act (actus reus), the mental state (mens rea), and procedural enforcement. The absence of a unified global legal framework, coupled with jurisdictional complexities and the limitations of existing treaties such as the Outer Space Treaty (1967) and the Intergovernmental Agreement on the International Space Station (1998), presents significant challenges. Through a comparative legal analysis of national laws from countries like the United States, Canada, and Japan, this study highlights the disparities in legal coverage and enforcement mechanisms. It also explores scholarly proposals for a Space Criminal Code and a World Space Court as potential solutions to these gaps. Ultimately, the paper underscores the necessity of developing a coherent and universally accepted legal framework to ensure justice and accountability in the final frontier.
