calculation process as grounds to ignore the need for countermeasures. TEPCO also argued
that basing any safety assessment against tsunami on a probabilistic approach would be
using a methodology of technical uncertainties, and used that argument to postpone considering countermeasures for tsunami [7].
3 Loss, Damage and Victims
The term ‘loss’ is used to designate the consequences of degradation. In some areas,
these consequences can be anticipated, while in others they cannot. For example, in
an armed conflict the intentional bombing of a military building can lead to its
destruction. While this may have been the intention of those who undertook the
action, it can also destroy buildings or injure people who were not the target. This is
referred to as ‘collateral damage’.
5 In this case ‘damage’ is most meaningful when
injury has been caused to a person or group, their property, or an environment (if
there is an interest in claiming compensation). Losses can be immediate or longer
term.
When it concerns a person, group, non-human living species, or an environment
the term ‘victim’ must take on a broader meaning. Not only can it be used to
designate people, but also living or non-living entities that have representatives who
are able to speak on their behalf. For example, the quality of a coastline is said to be
degraded following an oil spill and the media do not hesitate to describe the
shoreline as a ‘victim’. Bees are another example. This living species is the victim
of agricultural chemicals, or, as described in a French newspaper, the “victim of the
lack of biodiversity”.
6 Finally, before work-related accident legislation was
implemented, there were no official victims of occupational accidents or illnesses.
They could not be acknowledged until dangerous working conditions or hazardous
machinery was recognised. Similarly, an analysis of breakdowns due to human
factors can be seen as the clumsy (or even malicious) use of machines by operators.
In general terms, there are no non-human victims. Instead, they are represented
by individuals or groups who speak on their behalf and defend their interests before
an authority that is responsible for estimating the loss they have suffered.
5
“Collateral damage and proportionality are two inseparable concepts. The concept of proportionality in jus ad bellum reflects the balance that must be maintained between, on the one hand,
military requirements and, on the other hand humanitarian interests, such as the cost in human
lives. It aims to limit damage to civilians during attacks against legitimate military objectives, by
weighing the military advantage that would result from the attack against the losses that it would
cause to the civilian population (i.e. collateral damage). It was not until 1977 that this proportionality rule would be included in a Treaty. It is found in Articles 51, 5.b and 57, 2.b of the First
Additional Protocol of 1977 to the Geneva Conventions of 1949.” (emphasis added). The
International Law Centre of the Free University of Brussels, https://dommagescollateraux.
wordpress.com/pratique/ accessed 15 February 2015.
6
Le Figaro, 25-11-2014.
Does the Concept of Loss Orient Risk Prevention Policy?
25
that basing any safety assessment against tsunami on a probabilistic approach would be
using a methodology of technical uncertainties, and used that argument to postpone considering countermeasures for tsunami [7].
3 Loss, Damage and Victims
The term ‘loss’ is used to designate the consequences of degradation. In some areas,
these consequences can be anticipated, while in others they cannot. For example, in
an armed conflict the intentional bombing of a military building can lead to its
destruction. While this may have been the intention of those who undertook the
action, it can also destroy buildings or injure people who were not the target. This is
referred to as ‘collateral damage’.
5 In this case ‘damage’ is most meaningful when
injury has been caused to a person or group, their property, or an environment (if
there is an interest in claiming compensation). Losses can be immediate or longer
term.
When it concerns a person, group, non-human living species, or an environment
the term ‘victim’ must take on a broader meaning. Not only can it be used to
designate people, but also living or non-living entities that have representatives who
are able to speak on their behalf. For example, the quality of a coastline is said to be
degraded following an oil spill and the media do not hesitate to describe the
shoreline as a ‘victim’. Bees are another example. This living species is the victim
of agricultural chemicals, or, as described in a French newspaper, the “victim of the
lack of biodiversity”.
6 Finally, before work-related accident legislation was
implemented, there were no official victims of occupational accidents or illnesses.
They could not be acknowledged until dangerous working conditions or hazardous
machinery was recognised. Similarly, an analysis of breakdowns due to human
factors can be seen as the clumsy (or even malicious) use of machines by operators.
In general terms, there are no non-human victims. Instead, they are represented
by individuals or groups who speak on their behalf and defend their interests before
an authority that is responsible for estimating the loss they have suffered.
5
“Collateral damage and proportionality are two inseparable concepts. The concept of proportionality in jus ad bellum reflects the balance that must be maintained between, on the one hand,
military requirements and, on the other hand humanitarian interests, such as the cost in human
lives. It aims to limit damage to civilians during attacks against legitimate military objectives, by
weighing the military advantage that would result from the attack against the losses that it would
cause to the civilian population (i.e. collateral damage). It was not until 1977 that this proportionality rule would be included in a Treaty. It is found in Articles 51, 5.b and 57, 2.b of the First
Additional Protocol of 1977 to the Geneva Conventions of 1949.” (emphasis added). The
International Law Centre of the Free University of Brussels, https://dommagescollateraux.
wordpress.com/pratique/ accessed 15 February 2015.
6
Le Figaro, 25-11-2014.
Does the Concept of Loss Orient Risk Prevention Policy?
25