What is the legal position of astronauts in outer space, and can they be detained if they crash-land in a foreign territory?
In terms of the Outer Space Treaty, States on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Therefore, except where agreed otherwise by States (for example, in the case of joint projects) personnel of spacecraft in outer space are subject to the laws of the State of registry. In addition, the Outer Space Treaty and the Rescue Agreement provide that astronauts shall be regarded as the “envoys of mankind in space” and shall be rendered all possible assistance in the event of accident, distress or emergency landing. It is also required that astronauts landing or being found in foreign territory or the high seas be safely and promptly returned to representatives of their launching authority or state of registry.
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