Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/83

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programs for presentation to the Air Force Council no later than mid February. Finally, given General Kuhfeld's memorandum indicating a number of activities occurring in regard to outer space and their potential impact on the Air Force, General Montgomery had apparently begun to realize that events were not waiting for the Air Force. In a memorandum to General Childre, Montgomery stated, "I am certainly disturbed by the fact that outside agencies who have no understanding or appreciation of the military operation in space may be setting in concrete, with the help of the Russians, some international law which will really tie the Air Force hands for future operation in space."[1] Clearly, General Montgomery was beginning to shift his initial position that space law was not an issue of concern to the Air Force.

Later that month General Kuhfeld provided General Childre with a detailed working paper on the "pertinent legal considerations relating to what will evolve as the USAF Perspective on a Law of Outer Space." Included in the working paper were his "Ten Precepts,"[fn 1] which he argued needed to be remembered when formulating the Air Force position. He noted that while aerospace law was in its "infancy," it nevertheless would have a direct impact on Air Force roles and missions. He proposed that the Air Force establish a permanent Air Staff working group on aerospace doctrine, which he described as being "the marriage of legal considerations and operational plans and requirements."[2] General Childre referred Kuhfeld's working paper to the Air Staff and the Joint Staff. Because the Joint Staff was already working on the subject of defining sovereignty in outer space, Childre noted that Gen Curtis E. LeMay, Air Force chief of staff, was to be briefed on the Air Force position during the first week of February. Childre informed General Kuhfeld that there was no time for a presentation to the Air Force Council

and that the requirement to present such was withdrawn. While agreeing that the matter merited attention, General Childre opposed the permanent working group noting that a nucleus of such a group already existed and that the current arrangement should be continued. He proposed as an alternative an informal working group chaired by a JAG official. Childre designated two members of his staff to serve on the working group.[3]


  1. See appendix E.

  1. Ibid.
  2. Kuhfeld to Childre, memorandum, subject: Aerospace Law, 19 January 1962.
  3. Childre to Kuhfeld" subject: Aerospace Law, 2 February 1962.

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