Prohibition of armed attack or threat of attack against nuclear installations, during operation or under construction

1- The sustainable development and applications of nuclear energy highly depends on the management of nuclear energy in safe and secure manner;

2- Accidents or events such as military attacks against nuclear facilities heve serious impact on the public perceptions and thus their support for further development of peaceful uses of nuclear energy;

3- Chernobyle accident taught the lesson that radioactive materials dont recognize international borders. Therefore any release of radioactive material, as result of an accident or from a deliberate release, due to terrorist act or military attack, has serious radiological consequences;

4- Since the IAEA came into being, it has dealt with both nuclear accidents and military attacks against nuclear installations. In the former one comprehensive intensive technical study and deliberation was made with top experts from all over the world. However with respect to the latter political environments prevented from profound tangible deliberation to lead to a legally binding instrument, as an international preventive measure;

5- Resolution GC(XXIX)/RES/444 considered that "any armed attack on and threat against nuclear installations devoted to peaceful purposes contitutes a violation of the principles of the United Nations Charter, international law and the statute of the Agency";

6- Résolution GC(XXXI)/RES/475 stated that it was "aware of the fact that an armed attack on nuclear installation could result in radioactive release with grave consequences within and beyond the boundaries of the State which has been attacked;

7- Finally the resolution GC(XXXIV)/RES/533 of 1990, recognize that "an armed attack or a threat of armed attack on a safeguard nuclear facility, in operation or under construction, would create a situation in which the United Nations Security Council would have to act in accordance with the provisions of the United Nations Charter";

8- Considering vast developements and expansion of nuclear applications all over the world, since the adoption of last resolution two decades ago, including over 400 nuclear power plants, over 300 research reactors and several facilities containing huge amount of radioactive materials, there is an urgent need to renew the call for collective measure to prevent any military attack or threat of attack against any nuclear facilities, during operation or under construction. The minimum expectation by international community from the IAEA as the most pertinent organization is to pass a resolution base on past decision and new developments;

9- Reconizing the importance attached to safety, security and nuclear protection of nuclear material and nuclear facilities;

10- On the basis of the above facts and concerns, and according Rule 13 of the Rule of Procedure of the General Conference, a request is made for the inclusion of a supplemenary item, to the provisional agenda of the 53rd Session of General Conference entitled "Prohibition of armed attack or threat of attack against nuclear installations, during operation or under construction".

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Explanatory Memorandum

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