Chernobyl Vs. Fukushima: Comparative Lessons For International Criminal Law
- IJLLR Journal
- 6 days ago
- 2 min read
Yashveena, Amity Law School, Amity University, Mohali, Punjab, India
ABSTRACT
Besides the horrifying nuclear catastrophes at Chernobyl (1986) and Fukushima (2011) that disclosed the terrible human and environmental impacts of nuclear disasters, the two incidents also unveiled the failures of the legal and institutional accountability mechanisms. While Chernobyl was primarily due to the systemic carelessness of the tightly controlled Soviet regime, Fukushima happened in a technologically advanced country, initiated by a natural calamity but made worse by the neglect of the regulations. The two cases point to the indispensable requirement to consider the accountability of those who are beyond the boundaries of countries.
This study uses the doctrinal and comparative methods to study the two nuclear power accidents, Chernobyl and Fukushima to analyze nuclear accountability. It delve into the causes, consequences, and responses to each catastrophe, and indicate the importance of state responsibility along with the global legal standards. The paper discusses in detail the overlap of nuclear accidents and international criminal law area, most notably the controversies of environmental destruction, crimes against humanity, and the recognition of “ecocide”.
The comparative analysis shows that both nuclear and environmental law systems have procedures to handle the compensation and the liability of the state, but they lack the features to ensure that the perpetrators are held accountable at the international level. The research paper claims that international criminal law, despite its present limitations, is a viable option for enhancing the responsibility of offenders, particularly through the legal acknowledgment of ecocide and by increasing the jurisdictional extent of the International Criminal Court (ICC).
The study ultimately advances the discussion of worldwide nuclear control and the development of international criminal law (ICL). It provides suggestions that may improve the extent of international responsibility, close the voids revealed by these two disasters, and strengthen the legal structures to prevent the occurrence of such tragic events in the future.
Keywords: Chernobyl, Fukushima, nuclear disasters, accountability, international criminal law, ecocide, state responsibility.
