International Liability for Space Debris Damage: Assessing the Long March 5B Incident in Indonesia under the 1972 Liability Convention

Abstract

This article examines state responsibility for damage caused by space debris to the territory of another state, using the 2022 fall of China’s Long March 5B (CZ-5B) rocket debris in West Kalimantan, Indonesia, as a case study. The increasing number of space activities has raised concerns regarding the potential risks of space debris falling to Earth and causing damage to other states. This article analyzes the international legal framework governing liability for damage caused by space objects under the 1972 Convention on International Liability for Damage Caused by Space Objects (Liability Convention). The research applies a normative juridical method using statute and case approaches by examining relevant international legal instruments and the Long March 5B incident. The analysis shows that the Liability Convention establishes the principle of absolute liability for launching states for damage occurring on the surface of the Earth or to aircraft in flight without the need to prove fault, as space launches are considered ultra hazardous activities. Liability may also be joint and several when more than one state is involved in the launch of a space object. In Indonesia’s case, the response involved technical identification by the National Research and Innovation Agency (BRIN), verification with international institutions, inter ministerial coordination, and diplomatic communication under the Liability Convention. The findings highlight the importance of technical readiness, clear national legal procedures, effective diplomatic strategies, and coordinated international support for the effective enforcement of international state responsibility for damage caused by space debris.