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  • Vienna Convention on Civil Liability for Nuclear Damage and effects of armed conflicts on nuclear power plants [Elektronski vir]
    Sancin, Vasilka
    The armed conflict between Russia and Ukraine exposed significant risks of a nuclear disaster at the Zaporizhzhia Nuclear Power Plant. The high risk of devastating short and long-term effects for ... civilians and the natural environment led to imposition of strict limits by international humanitarian law (IHL) to protect works and installations containing dangerous forces, with special (heightened) protection to nuclear power plants, against the danger of hostilities. Any potential violations of these standards raise issues of accountability at the level of a State, but also potentially, issues of individual criminal responsibility. Article IV (3)(a) of the Vienna Convention on Civil Liability for Nuclear Damage, on the other hand, tackling issues of liability of operators, provides a possibility for exoneration from the strict liability of an operator of a nuclear power plant in cases of "nuclear damage caused by a nuclear incident directly due to an act of armed conflict, hostilities, civil war or insurrection." The phrasing is, however, fuelled with ambiguity and calls for further clarification. This contribution raises concerns about sufficiency of the existing international legal framework, highlighting gaps in international humanitarian law, as well as ambiguity of the Vienna regime on civil liability for nuclear damage in situations of armed conflicts.
    Vrsta gradiva - e-članek ; neleposlovje za odrasle
    Leto - 2023
    Jezik - angleški
    COBISS.SI-ID - 179871235