Legal boundaries: Ensuring protection amidst threats to the Zaporizhzhya Nuclear Power Plant in the Ukraine

Abstract

This article aims to examine the protection accorded to nuclear power plants in international law, based on the example of the Zaporizhzhya Nuclear Power Plant in the context of the current Russian aggression against Ukraine and the ensuing international armed conflict. The authors attempt to answer the question of the legality of the attacks against the Zaporizhzhya Nuclear Power Plant. The research methods used are institutional-legal analysis and, supplementarily, a critical literature analysis. The institutional-legal analysis focuses on the examination of international treaties like Additional Protocol I to the Geneva Conventions, which constitutes the main legal reference point in this article, as well as on other documents that may not be binding (such as resolutions adopted by the International Atomic Energy Agency's General Conference or the Board of Governors, as well as statements and reports of other International Atomic Energy Agency's and United Nations' bodies). The main conclusion is that Russian attacks against the Zaporizhzhya Nuclear Power Plant were and continue to be illegal on multiple fronts. While the legal regulations appear adequate and capable of meeting the challenge posed by Russian attacks and occupation of the Zaporizhzhya Nuclear Power Plant, the problem lies with the political will of Russia to respect these rules.