An act of humongous recklessness!!!?

<<On March 12 the Russian invaders informed the managers of Ukraine’s
six-reactor Zaporizhzhia nuclear power plant, the largest in Europe, that
the plant now belonged to, and would be run by, Rosatom, the Russian state
nuclear power company. No country had ever seized another’s nuclear
facility by force. Never have power reactor operators run a captured
nuclear plant at gunpoint. This is not just a figure of speech. In May
Russian forces shot a plant technician they suspected of passing
information to Ukraine. More recently, the Russian military has turned the
plant into a missile base, knowing the Ukrainians would not shoot back at a
reactor site. The site is covered by an agreement with the International
Atomic Energy Agency (IAEA) for periodic inspections, which Russia has
effectively abrogated.
...
How the West reacts to the Russian takeover of the Zaporizhzhia nuclear
power plant will affect the incentives for future would-be invaders. The
top priority in Ukraine is to repel the Russians. But there are useful
actions that can be taken in the IAEA context in response to Russian
effective dismissal of the Ukraine-IAEA agreement. The IAEA should make
clear that it will continue to act in accordance with its agreement with
Ukraine. In the extreme, it could also suspend Russia from the agency for
intefering with agency inspections. In dealing with this interference, the
United States should take the lead.>>

https://thebulletin.org/2022/07/dealing-with-russian-contempt-for-the-iaea-in-ukraine/
>

July 28 2022

On March 12 the Russian invaders informed the managers of Ukraine’s
six-reactor Zaporizhzhia nuclear power plant, the largest in Europe, that
the plant now belonged to, and would be run by, Rosatom
<https://en.wikipedia.org/wiki/Rosatom>, the Russian state nuclear power
company. No country had ever seized another’s nuclear facility by force.
Never have power reactor operators run a captured nuclear plant at
gunpoint. This is not just a figure of speech. In May Russian forces shot
<https://www.wsj.com/articles/ukrainian-nuclear-plant-zaporizhzhia-russia-spies-11655474931>
a
plant technician they suspected of passing information to Ukraine. More
recently, the Russian military has turned the plant into a missile base
<https://www.wsj.com/articles/russian-army-turns-ukraines-largest-nuclear-plant-into-a-military-base-11657035694>,
knowing the Ukrainians would not shoot back at a reactor site. The site is
covered by an agreement with the International Atomic Energy Agency (IAEA)
for periodic inspections, which Russia has effectively abrogated.

Why does this matter? The “safeguards” agreements with the IAEA, standard
for all members of the Non-Proliferation Treaty (NPT) with nuclear power
plants, are absolutely fundamental to legitimizing the peaceful
applications of nuclear energy throughout the world. All NPT states have an
interest in the way they are carried out at every other member’s
facilities. Each agreement stipulates that IAEA inspectors will have plant
access, under the auspices of the agreeing state, in this case Ukraine, to
ensure that the nuclear activities are indeed peaceful. The Russians, who
have taken plant by force, are now effectively telling the IAEA, “If you
want access to the site, you have to forget about your agreement with
Ukraine and come to us for permission, and thereby acknowledge that this is
now a Russian plant.” The member countries of the IAEA face a decision:
Which is more important, IAEA inspector access to the Zaporizhzhia site, or
upholding the IAEA’s international system of safeguards by honoring the
IAEA’s agreement with Ukraine and refusing Russian terms for access?

In calling for IAEA inspections to resume, as he did again on June 29
<https://www.iaea.org/newscenter/pressreleases/update-84-iaea-director-general-statement-on-situation-in-ukraine>,
IAEA Director General Rafael Mariano Grossi has repeatedly underlined the
importance of the agency’s safeguards role and the need to maintain the
continuity of information about nuclear materials at the plant. The
Russians have restored data links with the plant, but there haven’t been
any IAEA inspections since the Russian invasion. In his public
announcements, Grossi has been careful to maintain the appearance that he
is dealing with Ukraine regarding the plant, in the context of the
Ukraine-IAEA agreement. But Grossi has discussed access with the Russians.
This would inevitably involve consession to Russian control and therefore
disregard of the Ukraine-IAEA agreement.

Concerning an IAEA inspection, President Putin’s press secretary, Dmitry
Peskov, noted <https://interfax.com/newsroom/top-stories/79578/> slyly:
“Naturally, the organization of such a trip is accompanied by the need to
resolve a whole range of logistics and technical issues—from which side to
enter, from which territory, through which crossing points, on what
transport, etc.” The relevance of this observation involved the location of
the plant on the South bank of the Dnipro River—which is miles wide at this
point, and Ukraine controls the other side. In principle, the IAEA could
come through Ukranian territory on a boat. This is exactly what the
Russians will not permit. They insist that inspectors come through
Russian-held territory, with Russian passport checks, to demonstrate the
legitimacy of Russian control.

The world needs to consider which is more important in this case: (1)
making sure that the Ukrainians did not steal nuclear materials from the
Zaporizhzhia nuclear power plant before the Russian takeover? Or (2)
maintaining the international integrity of IAEA agreements and,
specifically, the IAEA safeguards agreement with Ukraine?

Put another way: Can Russia, by invading, turn the Ukraine-IAEA agreement
into a dead letter? The answer should be a resounding “no.” As important as
inspections are, maintaining the integrity of that agreement is more
important at this point than checking on the material at the Zaporizhzhia
plant. And since the IAEA itself is a bit shaky on this point, the United
States, as a leading IAEA member, needs to step in to clarify priorities.

The risk in postponing IAEA inspections at Zaporizhzhia is low. The
question the IAEA wants to resolve by inspection onsite is whether Ukraine
may have put some material in the plant to weapons use since the previous
IAEA inspection. At a May 25 session of the World Economic Forum in Davos,
Grossi put it rather dramatically (if in less-than-perfect English): “We
hope to go there to prevent either there is a problem, or we end up finding
out that a few hundred kilograms of *weapons grade material* going missing.
This is what keeps us awake at night.” But there was no weapon grade
material at the Zaporizhzhia nuclear power plant. The plant uses
low-enriched uranium fuel and has no reprocessing plant to extract
plutonium.

To take the most generous view, perhaps Grossi exaggerated to draw
attention to the inspection problem. But in doing so, and implicitly
raising the possibility of Ukranian non-compliance with the NPT, is
inescapably to fall in with Russian propaganda. In his February 21, 2022
pre-war address <http://en.kremlin.ru/events/president/news/67828>,
preparing the ground for the Russian invasion, Russian President Vladimir
Putin talked of Ukraine’s intention “to create its own nuclear weapons.” He
said, “We cannot but react to this real danger,” he said.

This is all nonsense but cannot be ignored.

No one knows how the fighting will end. If Russia remains in control of the
Zaporizhzhia plant, will it permit IAEA inspections in the future? As one
of the NPT’s five nuclear weapons states, it does not have to allow any
inspections on its territory, which it effectively claims extends through
Ukraine, on other than a token basis. If a nuclear weapon state like Russia
could simply erase another’s agreement with the IAEA, it would be an
expression of contempt for the IAEA inspection function, the *sine qua non* for
peaceful international nuclear commerce, and with it, an expression of
contempt for the NPT.

How the West reacts to the Russian takeover of the Zaporizhzhia nuclear
power plant will affect the incentives for future would-be invaders. The
top priority in Ukraine is to repel the Russians. But there are useful
actions that can be taken in the IAEA context in response to Russian
effective dismissal of the Ukraine-IAEA agreement. The IAEA should make
clear that it will continue to act in accordance with its agreement with
Ukraine. In the extreme, it could also suspend Russia from the agency for
intefering with agency inspections. In dealing with this interference, the
United States should take the lead.

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