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Team Members: A. Clack, M. Delaney and E. Hackmeyer*
*Note: The team members are listed in alphabetical order. The infographic, the blog post, and the advocacy letter are created by all the members. And Clack and Hackmeyer are the only contributors to the podcast. The involved team members for each assignment contributed equally.
IAEA Infographic_SP.pdfInfographic
Infographic
Please look at the infographic for the topic explored by the team.
Podcast
Podcast
Please listen to the team's podcast with Google Chrome. The transcript can be found here.
Nuke Chat Podcast.mp3Advocacy Letter
Advocacy Letter
Please read the team's letter to the Director for the IAEA, Rafael Mariano Grossi.
IAEA Advocacy Letter.pdfBlog Post
Blog Post
Putting the IAEA to the Test: Enforcement
A Ukraine Case Study
What is the IAEA?
The International Atomic Energy Agency (IAEA) was established in 1957 in order to work for safe and secure uses of nuclear energy. Through the promotion of peaceful usage, the IAEA sends out inspectors and regulations in order to assist member states with a helpful exchange of information and resources. [1]
The Case of Ukraine
Ukraine’s Zaporizhzhya Nuclear Power Plant (ZNPP), Europe’s largest nuclear facility, has been in the crossfire of the Russian invasion of the country. Since late February, the IAEA has been following the potential impacts of the invasion on Ukraine’s nuclear power production[2].”
Figure 1 [6]
The day of the invasion. February 24th, IAEA Director General Rafael Mariano Grossi released a statement saying, “The IAEA is closely monitoring developments in Ukraine with a special focus on the safety and security of its nuclear power plants and other nuclear-related facilities.” Since then, there have been over 100 updates from the agency concerning the security of nuclear power plants and reactors.
Out of the 15 operable nuclear reactors at four plants, the ZNPP quickly became the focus of the IAEA’s attention following a March 4 take over of the plant by Russian forces [6]. Figure 1 shows a map of Ukraine with nuclear reactors, with ZNPP in the southeastern corner of the country.
Since the spring, the plant has been subjected to drone strikes and shellings, which damaged roofs, and caused erratic losses of power [2]. These events compromised the physical and electrical integrity of the nuclear plant, putting Ukraine and the entire continent in jeopardy of a nuclear disaster. Figures 2 and 3 are images from ZNPP. Figure 2 shows damage to the ZNPP administrative building following a March attack. Figure 3 is a short clip of sparks flying during a midnight Russian attack in the spring.
Figure 2 [2]
The IAEA was quick to respond to these attacks on ZNPP with Director Grossi said in a statement on August 6:
“And for the last four months now, I have been ready to lead a mission of IAEA safety, security and safeguards experts to the country’s biggest nuclear power plant, Zaporizhzya…That this vital mission has not yet happened is not because of the IAEA. Despite our determined efforts, it has not been possible, so far.” [3]
Figure 3 [3]
It was not until a month later, on September 1, that IAEA inspectors were able to travel to Ukraine to investigate the extent of the damage to ZNPP. [6] With the heightened potential of a significant nuclear crisis in the region, a month's delay of inspections is unacceptable.
Problems Caused by the Lack of Enforcement
While the IAEA adopted a measure in 2009 which stated that a military attack on a nuclear facility which provided peaceful functions, like energy production, “constitutes a violation of the principles of the United Nations Charter, international law and the Statute of the Agency.” [2]
While the IAEA has statutes acknowledging the importance of this, lack of enforcement due to insufficient information has made the situation at ZNPP more dangerous than it has to be.
One point of contention which delayed the envoy of nuclear specialists was whether or not the IAEA would enter through Ukrainian or Russian controlled territory. [4] On the surface, this seems like a petty logistical choice. However, this seemingly simple decision could inadvertently lend legitimacy to one side of the conflict over the other, a serious issue for the organization that is supposed to be independent and unbiased.
The contention in legitimacy results in difficulties in gaining sufficient information. While the initial September inspection was positive, with inspectors given adequate access, shellings have continued on the ZNPP, possibly causing critical damage that warrant additional inspections [6]. It was also reported that IAEA inspectors would not be given priority through Russian military checkpoints – further delaying the inspection team once they arrived in Ukraine [5]. For over half a year, an unbiased report of ZNPP was unknown to the IAEA [6]. A quicker intervention by inspectors would have led to more concrete details about the extent of damage to the nuclear plant. With more information, the IAEA could have implemented protocols agreements earlier to secure the physical infrastructure of ZNPP.
Our Solutions
Assuming that the statute, which prohibits military attacks on the ZNPP, has been violated, there are little to no punishments on Russia or Ukraine for the damage to ZNPP. While there have been significant sanctions on Russian goods and oil since the beginning of the conflict, there has been no specific punishment tied to the attacks partly due to both sides blaming the other for attacks on the power plant.
There is a lack of enforcement for this important statue which could curb the possibility of nuclear disaster.
To speed the information process and allow for nuclear power plant-related attacks to result in punishment like sanctions, the IAEA and the international community could adopt policies to assist inspectors in traveling to sites of concern. Quicker deployment of these unbiased teams would lead to expedited investigations, fact-finding, and enforcement implementation of essential statutes.
One solution is to encourage the IAEA to partner with the UN peacekeepers, the unaffiliated military, to ensure nuclear security in areas of conflict. Safety, security, and availability of inspectors in areas with nuclear concerns is of the utmost importance in times of conflict. Even in the absence of direct attacks on nuclear power plants, inspectors must have adequate safety and security measures in place to effectively monitor these sensitive locations.
This solution has been implemented before in assisting the country of Liberia for nearly 15 years from 2003 until 2018. In this longer period of UN peacekeeping, officials were able to secure the country’s democratic elections and build capacity to maintain law and order in the country. These troops are effective in entering an area of conflict and accomplishing goals that seek to advocate for the safety and security of the local population. [6]
While the situation in Ukraine offers unique challenges for peacekeepers and the IAEA, this model has worked in high stress, high risk contexts before.
References
[1] About Us. IAEA. (2018, May 29). Retrieved October 10, 2022, from https://www.iaea.org/about
[2] Brumfiel, Geoff. 2022. “What Inspectors Will Look for at Ukraine's War-Damaged Zaporizhzhia Nuclear Plant.” NPR. https://www.npr.org/2022/08/31/1120234508/ukraine-zaporizhzhia-nuclear-plant-iaea-inspectors (September 29, 2022).
[3]“Director General Grossi Alarmed by Shelling at Ukraine NPP, Says IAEA Mission Vital for Nuclear Safety and Security.” 2022. IAEA. https://www.iaea.org/newscenter/pressreleases/director-general-grossi-alarmed-by-shelling-at-ukraine-npp-says-iaea-mission-vital-for-nuclear-safety-and-security (September 29, 2022).
[4] Ioanes, Ellen. 2022. “What Can the IAEA DO in Zaporizhzhia?” Vox. https://www.vox.com/2022/9/3/23335504/zaporizhzhia-nuclear-power-plant-ukraine-iaea (September 29, 2022).
[5] Kramer, Andrew E. 2022. “U.N. Experts Plan Perilous Visit to Ukrainian Nuclear Plant Thursday.” The New York Times. https://www.nytimes.com/2022/08/31/world/europe/un-inspectors-zaporizhzhia-nuclear.html (September 29, 2022).
[6]“Ukraine: Russia-Ukraine War and Nuclear Energy.” 2022. World Nuclear Association. https://world-nuclear.org/information-library/country-profiles/countries-t-z/ukraine-russia-war-and-nuclear-energy.aspx (September 29, 2022).
[6]United Nations. (n.d.). Peace and Security. United Nations. Retrieved October 10, 2022, from https://news.un.org/en/story/2018/03/1006221
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