Space Crime #1 & #7 Star Wats: Was Blowing up a Planet the Real Crime?

Air Force Secretary Heather Wilson recently noted that “space is not a ‘benign’ environment to support  warfighters, but a domain of warfighting in of itself.” The inhabitants of Alderaan and the Hosnian system found out how right she was.

While destroying a planet is horrendous, to be sure, the exact context merits consideration when discussing the legal implications. There are some arguments that destroying planets is in harmony with the Outer Space Treaty. As Secretary Wilson stated, space is a domain of warfighting. Let’s consider what happens in war.

Alderaan: Planet of Peace . . . or War?

Alderaan is well known as a peaceful planet. Shortly before its destruction, Princess Leia plead that they had no weapons. But it was also home to two Senator who were key members of the rebellion - Bail and Leia Organa. In the events leading up to the Rebellion’s stealing of the Death Star plans, Bail Organa stated “Yes I agree, I must return to Alderaan to inform my people that there will be no peace.” Why would they need to know there would be no peace, if not to prepare for war? And the Rebel Alliance had already established that they were willing to kill in various actions, Alderaanians proved more than willing and capable of killing during the course of their insurrection against the Empire.

Alderaan was a legitimate military target supplying the rebellion in secret. In a galactic scale war, planets may as well be cities or even factories. It is hardly a crime to destroy a city manufacturing weapons for your enemies in an effort to end an armed conflict. Given that the citizens of Alderaan elected traitorous senators, while they may not have all been combatants, they were at least complicit in allowing their compatriots to fight against the rightful government. Their deaths may be regrettable, but were simply unfortunate collateral damage in a conflict spanning galaxies.

One might argue that the rebels were hardly a threat. That war wasn’t worth destroying a planet. Given that the Death Star seems to be the only thing the Empire owns that can hit what it’s shooting at, let’s just say you should work with what you have.

The Hosnian System: Proving the Necessity

In spite of the destruction of Alderaan, the efforts of the Empire ultimately proved fruitless. The Rebel Alliance overthrew the Empire by subverting Darth Vader and killing the Emperor. While there was ostensibly a peace treaty signed by the Empire, the instability in the government lead to two factions, one which integrated into the New Republic, headed by the leaders of the Rebel Alliance, and one which formed the First Order, dedicated to removing the mutinous rebels from power.

The events surrounding the destruction of the Hosnian system clearly show that the war was still ongoing. During these events, the capital of the New Republic was the Hosnian system. Again, collateral damage was high, but in galactic conflicts, capitals are clearly legitimate military targets. In a turn of irony, the First Order used the rebels’ own tactics against them, attempting to decapitate the government. But when seditious member of your own government establish an illegitimate government capital on one of your planets that they have illegally stolen, well, you have to do something.

Now that you feel bad for the Empire and the First Order . . .

From a legal point of view, federal laws relating to homicide extend to officers or employees of NASA who have been “directed to guard and protect property of the United States under the ‘administration and control’ of NASA.” 70C Am. Jur. 2d Space Law § 8. Extending this to the Galactic Empire and the First Order, Alderaan’s leadership was conspiring to overthrow the government and the Hosnian system was under New Republic control. Since the planets were not under the administration and control of the Empire and the First Order (or even their versions of NASA), federal laws relating to homicide would not extend to those killed in the acts. Certainly, local laws would govern, but if you can find a court on Alderaan or in the Hosnian system to bring a case, well, good luck!

Further, with regards to civil liability, space law states that “[t]he exclusive remedy for individuals harmed by common-law torts committed by NASA employees acting within the scope of their employment is through an action against the United States under the Federal Tort Claims Act.” 70C Am. Jur. 2d Space Law § 14. Applying this to our situation, the aggrieved parties would have to sue the Galactic Empire and the First Order for the actions of its soldiers on the Death Star and Star Killer Base, respectively. Given that both actions were performed in a time of war against legitimate military targets, the case seems weak. Further, the Galactic Empire and the First Order are both dictatorships. Their leaders are strong in the force. In other words,

Leave your disagreements below.

By David Neal