Commercial Earth Observation (EO) and geospatial intelligence firms now provide near-real-time imagery and analysis during active hostilities, exemplified by MizarVision's dissemination of U.S. force movement imagery in the Iran conflict. The application of international humanitarian law (IHL) to commercial satellite support in modern targeting cycles remains unsettled, prompting firms like Planet and Vantor to implement conflict-specific imagery delays and managed-distribution models.
Space law, including the Outer Space Treaty (OST) and the Woomera Manual, frames the problem, legally connecting private space activity to States through international responsibility and supervision. Domestic licensing regimes reflect these obligations but do not resolve questions of direct participation in hostilities or military objective status. Commercial remote sensing is now operationally significant, with the National Reconnaissance Office and National Geospatial-Intelligence Agency expanding reliance on commercial imagery. Under IHL, civilians lose protection if they directly participate in hostilities, a distinction crucial for commercial satellite providers. Satellites become military objectives if they effectively contribute to military action and their destruction offers a definite military advantage, per Additional Protocol I Article 52(2). Proportionality and feasible precautions are crucial, considering intertwined civilian and military functions and foreseeable terrestrial consequences.
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