CYIL vol. 14 (2023)

CYIL 14 (2023) PROTECTION OF NUCLEAR POWER PLANTS IN INTERNATIONAL ARMED CONFLICT The desire to do so is even stronger in cases where the NPP is used for other than purely civilian purposes. Even though Art 56 API does not distinguish whether the object containing dangerous forces is used for civilian or military purposes, the reluctance to identify with such a rule is among some State parties evident. Nevertheless, as the purpose of Art 56 API is to protect civilians from the dangerous forces contained in these facilities, the protection must apply regardless. One can hope that the Zaporizhzhia situation proves to be a sufficient incentive to resolve these uncertainties. After all, as stressed by the IAEA Director General in his address to the UN Security Council ‘we are rolling a dice and if this continues then one day our luck will run out’. 85

293

85 IAEA ‘IAEA Director General Statement to United Nations Security Council’ (n 2).