Commercial Satellite Imagery and United Nations Peacekeeping

A View From Above

Rob Huebert, James F. Keeley, James F. Keeley

• Editore: Routledge
• Anno: 2017
• ISBN:
  9781351950442
• Edizione: 1
• Argomento: Politics & International Relations
• Categoria: International Relations

This book examines the possibilities for the use of satellite imagery in support of UN peacekeeping operations, and also to protect the national security of Canada. Experts in the field discuss the needs of peacekeeping operations, the requirements for the use of such imagery and the capabilities for providing it. The organizational, political and other issues which arise from the use of such imagery are also given careful consideration.

Chapter 1
International Law Governing the Acquisition and Dissemination of Satellite Imagery

Ram Jakhu

Introduction

Definition and technology

Satellite imaging or space remote sensing denotes the collection of data (images, information) acquired, in photographic or digital form, by space-based devises, instruments or sensors without any physical contact with the sensed object(s), but using electromagnetic radiation (radio waves).¹ Before the space age began on 4 October 1957, human beings gathered information, on any part of the Earth, on the ground or from air using balloons and aircraft carrying cameras. However, the way humans gathered information on the surface of the Earth changed radically when the first artificial Earth orbiting satellite was launched on 18 August 1960 specifically designed to photograph the Earth’s surface. Since then, the technology has advanced considerably both in the military as well as the civil domain.

Remote sensing satellites are of two types, which correspond to the functioning characteristics of their sensors; i.e. passive and active. While passive satellites (with optical sensors) observe merely radiation emitted by the sensed object, active satellites (with radar sensors) emit radiation toward the object being sensed and measure the energy reflected or ‘backscattered’ by that object.² Currently both types of sensors are being used for various applications. However, active satellites using radar or synthetic aperture radar (SAR) sensors are becoming popular because of their advantages as they can take images or ‘see’ at night and through clouds. The ‘seeing’ capability of a satellite is described in its spatial resolution, which corresponds to the size of the smallest object that can be observed by that satellite. For example, a satellite image of one meter (m) resolution indicates that objects measuring one-meter across or more are depicted in that image. This means that the higher the resolution of satellite imagery the more detailed and precise the information gained about the sensed objects.³

However, high resolution or quality of satellite images cannot exclusively and automatically result in high quality of and readily use-able information. Operating space systems and taking images, which essentially occur in outer space, must be supplemented by ground–based activities for appropriate data processing and interpretation in order to make the satellite imagery practically useful. Satellites collect first imagery in the form of raw data, which is also known as unprocessed data. ‘Primary data’ or ‘unenhanced data’, derived from raw data after some processing, consists of radio signals that have been pre-processed or not yet processed enough to make them useable images or other products.⁴ Primary data is processed with the use of sophisticated computer and other technologies and expertise to produce useable products.⁵ Data interpretation techniques are used to obtain information from images that convey ideas or impressions. Therefore, the term ‘analysed information’ is used to indicate the facts and figures, which result ‘from the interpretation of processed data, inputs of data and knowledge from other sources’.⁶ The degree of accuracy and completeness of the information depends largely upon the interpreter’s experience and the knowledge of objects being analysed and their surroundings, which are collected from the material in literature, such as maps, books, articles and reports.

Satellite systems and their capabilities: Commercial opportunities and security threats

Since the launch of the first remote sensing satellite in 1960, significant technological advances have been made as active satellites are routinely launched and used, imagery of one-meter resolution is readily available and highly accurate information is being derived by using sophisticated data interpretation techniques and expertise. A large number of remote sensing satellites are currently in orbit and more are expected to be launched in the near future by several counties like Brazil, China, Canada, France, India, Israel, Japan, Russia and the US. They currently provide and will continue providing imagery at various details for numerous civil and military applications.⁷ For example, it is recently reported that by tripling its military space spending Canada will be enhancing its ‘intelligence-gathering and surveillance of and from Space’.⁸ Canada’s RADARSAT-1 remote sensing satellite was launched in 1995 and is currently being used for civilian and military applications. It will be replaced possibly in 2003 by RADARDSAT-2, which will produce images with 3 m resolution and RADARSAT-3 is also expected to be planned soon.⁹

The Indian Space Research Organisation (ISRO) currently markets worldwide 5.8 m resolution imagery from its Indian Remote Sensing (IRS) satellite series. It has also planned to launch in 2002 its new remote sensing satellite called CARTOSAT, which will produce 2.5 m images and help meet growing demand for satellite imagery in India and abroad.¹⁰

An Israel-US private joint venture called ImageSat will launch and operate the company’s Earth Remote Observation Satellite (EROS) which would be derivatives of Israel’s OFEQ-3 surveillance satellites. ImageSat, which replaced West Indian Space Company of Cayman Islands, is incorporated in the Netherlands Antilles. The company plans to complete by 2005 the launch of all its satellites, two of which will have 1.8 m resolution capability and others would take images with 0.82 m resolution for commercial purposes.¹¹

The US Government’s LANDSAT-7 remote sensing satellite, launched more than a year ago, produces 18 m resolution imagery, which is distributed globally.¹² An American private company, Space Imaging, has launched in September 1999 the world’s first commercial remote sensing satellite, called IKONOS, that takes black-and-white images with 1 m resolution and colour with 4 m resolution.¹³ For its extensive global commercial operations, Space Imaging has already established business offices in Athens, Tokyo, Seoul and Dubai. It has entered into an agreement with a Turkish company to sell high-resolution images to Turkish industry and to the Turkish military, which could buy ‘intelligence and mapping data at world commercial sale prices’.¹⁴ A similar agreement has been concluded with India’s Antrix Corporation, the commercial arm of the ISRO, under which IKONOS’s 1 m resolution data will be distributed in India.¹⁵ If approved by the US Government, Space Imaging is planning to launch in 2004 its second satellite that will take images with half-meter resolution.¹⁶

The French SPOT (System Probatoir d’Observation de la Terre) satellite has a 10 m resolution. The European Space Agency (ESA) has also launched two Earth Remote Sensing (ERS1 and 2) satellites carrying a SAR. Russia has also been marketing its remote sensing products. At present the best quality data are obtained from the Russian sensor KVR1000 on board some of the Cosmos satellites which have photographic resolution of about 2 m (or an equivalent of about 1 m pixel size). This is considerably better than that acquired from either the French or the Indian satellites.

Historically, remote sensing was exclusively developed and used for military purposes prior to the launch of the first civilian the American LANDSAT-1 in 1972. It has been estimated that at least 75 per cent of all satellites are launched for military purposes, mainly to increase the effectiveness of terrestrial forces by utilising advanced photographic, electronic and ocean surveillance satellites employed to acquire information on military targets. The early warning, meteorological and highly accurate navigation systems together with the ability to communicate via satellites providing rapid, efficient and reliable capabilities have enhanced the sophisticated modern weapons systems. Such satellite capabilities have been employed in actual wars, e.g. in the Persian Gulf area and Yugoslavia.¹⁷ The most significant impact in the military field has been the application of reconnaissance technology to verification of compliance with the terms of arms control treaties and confidence building measures. Only the US and Russia operate early warning spacecraft. The Russian satellites use the Molniya orbits, in which a satellite takes about 12 hours to go round the Earth once. In contrast, the US early warning spacecraft are put into the geostationary orbit. The new generation of the US photographic reconnaissance satellites are capable of resolution between 0.10 m and 0.15 m. France has also developed a reconnaissance satellite called HELIOS with a resolution of about 1 m.¹⁸ Germany’s interest in photoreconnaissance satellites was revived in April 1989 as Chancellor Helmut Kohl said that: ‘European observation satellites could enable us, in the future, to monitor compliance with arms control agreements using our own resources.’¹⁹

Since the end of Cold War, military remote sensing technology and techniques are being increasingly applied for civilian applications. Consequently, the capabilities of civil remote sensing satellites are increasing to such an extent that they could now be applied to military tasks to a large extent. Besides better resolution of modern systems on board satellite, another significant improvement has been the ability to point the camera sideways. For example, the French SPOT satellite can tilt its optics 30 degrees on either side of its ground track to observe any site within a 950 km swath. This reduces the revisit time of the spacecraft to 2.5 days compared to 16 days. In this way an object could also be viewed from different angles enabling the acquisition of stereoscopic images and, thus, facilitating interpretations. Other recent developments in the remote sensing field include (a) advanced commercial data interpretation techniques and fast distribution channels,²⁰ and (b) better and long-lasting cameras and sensors.²¹ The US military satellites have the capability to provide remote sensing imagery on a very short notice, but such data were not available to the public for civilian applications.²² Recently, the Canadian and European experts developed a new system to prove that ‘commercially available remote sensing and communication satellites can be used together in a challenging, real-world application’ like fighting forest fires with a response time as little as 10 to 15 minutes.²³

There are numerous applications of satellite imagery both for civilian and military purposes. Civilian uses could include: meteorology and weather forecasting, crop monitoring, pollution monitoring and environmental protection, cartography and land use, marine and Earth resources discovery and management, natural disaster assistance, news gathering etc. Military applications of satellite imagery include: reconnaissance, missile launch detection, arms control treaty verification, strategic and tactical planning etc. Increased capabilities of civilian remote sensing satellites and readily availability from commercial sources of satellite imagery are fast developing new applications and a huge worldwide market. However, these developments have started giving rise to security concerns as well. It has rightly been pointed out by Colleen Hanley that:

As the commercial availability of detailed, unclassified imagery increased, so did the concern that commercially available imagery would be used for non-sanctioned military or terrorist activities. High-spatial resolution imagery can reveal the precise location of roads, railways, airport layouts, military installations, and other structures. It can be used to gather intelligence, assist in battlefield mapping, or, in some cases, used in conjunction with cruise missile technology for precise weapons delivery.²⁴

In view of the increasing security concerns, various countries have started changing their traditionally held regulatory policies on the acquisition and distribution of the remote sensing satellite imagery. This chapter, discusses the relevant issues of international law with respect to the following three aspects:

1 Right to acquire remote sensing imagery: right to launch remote sensing satellites;

2 Right to disseminate remote sensing imagery (without the prior consent of the sensed State);

3 Right to seek remote sensing satellite imagery (from the sensing State).

In addition, the chapter will discuss and examine newly adopted regulations and pol...