Academic Paper
Atoms for Peace in a time of international conflict: Assessing the legal situation of nuclear power plants under belligerent occupation
A legal analysis of responsibility for nuclear safety and security at power plants under belligerent occupation.
Summary
Emiliano Buis examines nuclear law, humanitarian law, and the law of occupation through the Zaporizhzhia case. He argues that responsibility for nuclear safety and security must follow effective control and proposes an additional pillar clarifying the occupying power’s duties.
The article informs legal and nuclear policy debates on protecting facilities during armed conflict without legitimizing territorial annexation.
Published in Nuclear Law Bulletin No. 112, Volume 2024/1 – OECD Nuclear Energy Agency – 2024.
Key Messages
- Existing regimes leave protection gaps during war. Nuclear law and humanitarian law address different risks and facilities, making their combined interpretation essential when nuclear installations are occupied.
- Responsibility should follow effective control. The article argues that an occupying power must ensure nuclear safety and security for as long as it exercises authority over the facility.
- Accountability does not legitimize annexation. Assigning duties to the occupying power does not recognize sovereignty over the territory or endorse the legality of its use of force.
- A complementary pillar would clarify obligations. Alongside the IAEA's existing principles, the author proposes explicit recognition of occupying powers' responsibilities and stronger protection across nuclear activities.