The Possibility of Compensating for Moral Damages Under Civil Liability in the Nuclear Field

Abstract

Using an analytical methodology, this study examines the extent to which moral (non-material) damages are compensable under civil liability in the nuclear field. The study reveals that the Saudi Civil Liability Law for Nuclear Damage, along with comparative nuclear legislation and international conventions on civil liability for nuclear damage, neither explicitly affirm nor deny compensation for moral damage resulting from nuclear incidents. They remain silent on the matter, neither excluding nor accepting it outright. The study underscores that compensation for moral damage is no less important than compensation for material damage, as in some cases, moral harm can have a more profound impact on the victim than physical damage.

The study recommends the recognition and inclusion of compensation for moral damage arising from nuclear harm, provided that the legal conditions for damage are met and the harm is of sufficient severity—such as psychological trauma or hereditary effects caused by nuclear incidents. It also calls for the explicit inclusion of moral damage in both the Saudi Civil Liability Law for Nuclear Damage and the Vienna Convention on Civil Liability for Nuclear Damage.