No hope for international law protection of nuclear sites in war zones

Following Russia's attacks on Ukrainian nuclear facilities in 2022, many began discussing the applicability and effectiveness of international law in protecting nuclear sites during armed conflicts. Analysis reveals the relative ineffectiveness of international law in safeguarding nuclear facilities, particularly when major powers are involved. While some have proposed enhancements to international law, others argue that substantive improvements are impossible, as world powers view attacks against nuclear sites as potential leverage in military conflicts.

Recent strikes against Iranian nuclear facilities—conducted by Israel over the past week and by the US last weekend—further demonstrate the limitations of the international law approach. Even if one can try to justify these particular strikes by the suspected military nature of the activities conducted there, with the argument that civilian nuclear sites would remain protected, building broad international support for enhanced legal instruments will prove impossible.

Addressing obvious gaps in current international law, such as extending international legal protections to all types of nuclear facilities rather than only nuclear power plants, remains worthwhile. However, relying on international law as the primary protection mechanism would be imprudent. Instead, we must consider integrating traditional nuclear security approaches with nation-level defense strategies.