How Are Nuclear Power Plants Protected by Law During War?

Mar 7, 2022 | Anne Dienelt
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The world held its breath when, on the morning of March 4, 2022, reports became public that Russian military forces had attacked the largest nuclear power plant in Zaporizhzhia in Ukraine during the night, putting parts of it on fire. Fortunately, it was "only“ an administrative building, and the fire was quickly extinguished. The reactors did not take any damage and probably no radiation leaked out. A few days earlier, Russian forces had used military means to seize the former nuclear power plant in Chernobyl. In the process, a storage facility containing radioactive waste was also reportedly fired upon; elevated radiation levels were measured at times. It is well known that even in peacetime there is a danger from nuclear power plants if they are not operated correctly. In conflict, especially if they are directly involved in the conduct of hostilities or are situated in an area of combat, this risk is many times higher. But how are nuclear power plants protected in war? Head and gut say that they should be excluded from the conduct of hostilities because of their danger to people and the environment, but were states able to agree upon such a prohibition? After all, disrupting the military’s power supply can generally lead to a military advantage, even if civilians suffer as a result. In the following, I will explore these questions and analyze whether international humanitarian law permits attacks on nuclear power plants despite the danger.