Recently, debris from the Chinese Long March 5B rocket fell to Earth, fortunately without causing any damage or casualties. If this debris had destroyed buildings and caused deaths, what would have been China's responsibility?
The Long March 5B rocket incident kept the world in suspense for almost a week. One of the launcher boosters falling uncontrollably towards Earth finally ended its race on May 9, 2021 in the Indian Ocean north of the Maldives archipelago. If the new NASA Administrator Bill Nelson accused China of not respecting the standards concerning its space debris, the booster ultimately did not cause any damage or victims.
With its 33 meters high and its 25 tons on the scale , the booster was however cause for concern. It was indeed large and heavy enough to cause serious damage in populated areas, despite its partial disintegration upon entering the atmosphere. One question remains:who would have been responsible if the debris had killed people or destroyed property?
As the non-profit organization The Planetary Society explained in a publication of May 5, 2021, the answer lies with the 1972 Convention on International Liability for damage caused by space objects. Ratified first by the USSR, the United States and the United Kingdom, then by many other countries, this document could not be more formal. Indeed, the states at the origin of a space activity causing damage on Earth can be held responsible. In other words, China could have been the subject of a legal attack if the Long March 5B booster hadn't ended up in the water. Interviewed by The Planetary Society, space law adviser at the Secure World Foundation Christopher Johnson explains that this responsibility does not mean a failure to comply with the law. On the other hand, the responsible country must answer for the damage caused through its own activities.
On the other hand, the founder and director of Space Law &Policy Solutions Michael Listner recalls that the 1972 Convention has been mentioned only once since its creation. This happened in 1977 after the fall of a Soviet reconnaissance satellite in Canada. He believes that invoking the convention is not something simple in itself and that in the event of a united political decision, no solution would succeed in the event of a disaster.
Finally, Harvard-Smithsonian Center for Astrophysics astrophysicist Jonathan McDowell spoke about China's recent actions. According to him, the fact that this country dropped such an object without any control was completely irresponsible . The expert did not hesitate to speak of negligence.
