Захист АЕС за міжнародним гуманітарним правом. Міжнародний збройний конфлікт в Україні

• Видавець: State Scientific and Technical Center for Nuclear and Radiation Safety
• Дата: 2022
• Автори: Taran, O., Sandul, O., Rogatiuk, I., Bodnar, V.
• Формат: Стаття
• Мова: Ukrainian
• Опубліковано: State Scientific and Technical Center for Nuclear and Radiation Safety 2022
• Онлайн доступ: https://nuclear-journal.com/index.php/journal/article/view/1006

The issue of protecting nuclear power plants against attack during an international armed conflict under the standards of international humanitarian law was considered. Specific features of NPP protection in Ukraine during an international armed conflict are specified. It is noted that nuclear power plants are civilian objects in Ukraine, and they can become military objects only under certain conditions, whose circumstances should be definitely and indisputably determined. NPP protection in international humanitarian law is considered at two levels. The first level of general protection is important for the expanded understanding of the requirements for the prohibition of attack and ensuring nuclear and radiation safety of the nuclear power plant as a civilian object during a military conflict. The first level of protection should be the main reference point in the context of military actions against nuclear power plants. The second level of protection should be considered in conjunction with the first one. It provides the prohibition of attacking NPPs even if they are military objects and conditions for limiting (terminating) such protection. The relationship between the safety (prohibition of attack) of nuclear power plants and other objects covered by the protection of international humanitarian law, namely objects necessary for the survival of the public and the environment, has been revealed. Separate positions of international institutions on the relationship between an attack on a nuclear power plant and use of nuclear weapons, as well as the regulatory ban on the use of nuclear weapons, are presented.