International Legal Regulation of the Protection of Energy Facilities during Armed Conflicts.

The recurring attacks on energy facilities during armed conflicts raise concerns about the effectiveness of their legal safeguards. The examples provided in the article of assaults on various types of energy infrastructure, including those employing modern means and methods of warfare, highlight the scale and multifaceted nature of this issue. The article identifies the norms of international humanitarian law (IHL) and other branches of international law that are applicable to the protection of energy facilities not only during armed, but also in peacetime. It also examines the rights and responsibilities of various actors under international legal standards in relation to these attacks. The authors have identified gaps and issues in the legal regulation of the protection of energy facilities, as well as proposed legal positions for the improvement of these norms. Key issues identified include the limited definition of “installations and structures containing dangerous forces,” as outlined in the 1977 Additional Protocols to the 1949 Geneva Conventions, the evolving nature of armed conflicts, the blurred lines between wartime and peacetime, the difficulties in applying the principle of distinction between civilian and military targets when planning and assessing attacks on energy facilities. The authors have demonstrated the need to improve the international legal regulation of the protection of energy facilities and have outlined directions for the codification and progressive development of international legal norms. These proposals encompass the expansion of the term “installations and structures containing dangerous forces” as defined in the 1977 Additional Protocols, the establishment of a comprehensive definition of “energy facility” within a universal convention on international energy security, the creation of mechanisms to investigate assaults on energy facilities, and the enforcement of accountability for illegal actions directed at these facilities.