Tag Archive | "North Korea"

Kim Jong-un

North Korea Undeterred by U.N. Sanctions

On April 15, 2013, North Korea celebrated the 101st birthday of its founding leader, Kim Il Sung.   The day was filled with flowers to honor both its founder and current leader, Kim Jong Un; however, North Korea did not take a reprieve from threatening South Korea and the United Nations.  From Pyongyang, North Korea’s capital, the KCNA reported that “[o]ur retaliatory action will start without any notice from now.”   Pyongyang’s comments were directed at South Korea’s protest to the celebrations.

Kim Jong-un

Kim Jong Un, Flexing His Muscles
(NPR)

This is the latest in a long line of threats North Korea has directed at the United Nations and its member countries.  Just a few days ago, Pyongyang threatened that “Japan is always in the cross-hairs of our revolutionary army and if Japan makes a slightest move, the spark of war will touch Japan first.”  North Korea warned that Tokyo would be the first city targeted for a nuclear strike.

While North Korea continues to threaten the United Nations, member countries Japan and the United States remain positive that a peaceful resolution can be reached through talks.  U.S. Secretary of State John Kerry urged the regime in North Korea to stop its nuclear program and hold talks with the United States and Japan.  In response, the KCNA cited North Korea’s military leaders, stating, “If the puppet authorities truly want dialogue and negotiations, they should apologize for all anti-DPRK hostile acts, big and small, and show the compatriots their will to stop all these acts.”   Although North Korea’s media continues to insult and disregard the United Nations, many believe that talks are still a possibility and a resolution can be reached.

However, this has not prevented South Korea and the United Nations from readying for a possible North Korean attack.  South Korean Defense Ministry spokesman Kim Min-seok said South Korea was closely monitoring North Korea’s moves and was ready for any attack.  The North’s threat is “regrettable,” Kim told reporters. “We will thoroughly and resolutely punish North Korea if it launches any provocation for whatever reason.”  Japan, too, launched fighters to protect its capital from the threat issued by Pyongyang.

Regardless, the current United Nations strategy against North Korea continues to have little impact.  Threats and sanctions issued by the United Nations have been met with open hostility by North Korea, resulting in its third nuclear test and continued military preparations by Pyongyang.  Many initially hoped that new sanctions would “bite, and bite hard” against North Korea, but the sanctions continue to have little effect.  Some are beginning to believe that the reality of the situation appears to be different. Chang Yong-seok, at the Institute for Peace and Unification Studies at Seoul National University, believes “The ultimatum is just North Korea’s way of saying that it’s not willing or ready to talk with the South. North Korea apparently wants to keep the cross-border relations tense for some time to come.”

While the United Nations and its member countries continue to wish for a peaceful resolution with North Korea, it appears that peace may be a long way off.

Brad Bossenbroek is a third year law student at the Sturm College of Law, an editor on the Denver Journal of International Law and Policy, and a Publishing Editor for The View From Above.

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Critical Analysis: What’s up with North Korea?

University students punch the air as they march through Kim Il Sung Square in downtown Pyongyang, North Korea (BBC)

University students punch the air as they march through Kim Il Sung Square in downtown Pyongyang, North Korea (BBC)

Since being sanctioned by the UN in March for carrying out a third nuclear test, Pyongyang has threatened nuclear strikes on the US, formally declared war on the South, and pledged to reopen a nuclear reactor in blatant defiance of UN Security Council resolutions.

On Friday, North Korea warned it would not be able to guarantee the safety of foreign embassy staff if war broke out. But not a single country seems to be taking this threat seriously. Foreign embassies in the capital of Pyongyang appear to be staying put so far despite a warning. Russia is considering the request seriously. However, the British have brushed it off, considering the threat “part of a campaign of continued rhetoric” and asserting that North Korea is insinuating that it is making the request because the US poses a threat to North Korea.

Is war on the horizon?

General Walter Sharp, who until last year was the commander of US forces in Korea, explained the escalation problem to NPR.  The “counterprovocation” plan, that the US intends to invoke if the North Koreans launch even a limited artillery attack on South Korea, authorizes the South Koreans to fire back immediately. As defensive plan, at the root it is an “if you are fired at, fire back.” But this could easily mean war. U.S. officials say the counterprovocation plan and the U.S. flexing its muscles send three strong messages: the South Koreans see that the U.S. military is standing behind them; the North Koreans find out what they’d face were they to start something; and China sees how high the stakes are and why it may need to rein North Korea in.

Furthermore, the Pentagon decided to delay an intercontinental ballistic missile test that was scheduled for next week at Vandenberg Air Force Base in California, for fear that it would only intensify the tensions between the US and North Korea. North Korea has become angered by the military exercises that the US and South Korea are doing. These exercises demonstrate potential power the two allies have to strike back: B-2 bombers and F-22 fighters, and ballistic missile defense-capable warships.  But while the US is taking the threats seriously, leaders continue to say that there are no obvious signs that North Korea is planning for a large-scale attack.

Does North Korea have any support internationally?

Even China, North Korea’s longtime ally, is speaking critically of North Korea’s recent activities. “No one should be allowed to throw a region and even the whole world into chaos for selfish gains,” said Chinese President Xi Jinping at an economic forum in Hainan province. Avoiding mentioning North Korea by name, Xi said, “[w]hile pursuing its own interests, a country should accommodate the legitimate interests of others.”

Chinese officials who value stability above all else will probably not abandon North Korea altogether during these tensions. But seeing an opportunity amid Chinese frustrations, the Obama administration is attempting to push Beijing to take a much stronger stance against the renegade country than it has in the past. China is tightening its stance; it wants dialogue to ease tensions, not war.

Mimi Faller is a 2L at DU Law and a Staff Editor for the Denver Journal of International Law and Policy.

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Are Current U.N. Sanctions Insufficient to Deter North Korea’s Nuclear Proliferation?

2013 Nuclear Test

While the exact details remain unknown, on February 13, 2013, North Korea conducted its first nuclear test since 2010.  Early morning reports of February 13 included a large seismic event located near a prior North Korean underground nuclear test site.  Following this report, the Korean Central News Agency released a government statement confirming the nuclear test and reassuring the Korean people “that the nuclear test that was carried out at a high level in a safe and perfect manner using a miniaturised and lighter nuclear device with greater explosive force than previously did not pose any negative impact on the surrounding ecological environment.”

North Korean Nuclear Weapons

Parading this through downtown Pyongyang may not be the best way to win friends and influence others.
(Telegraph)

Immediate international concern followed.  Regarding North Korea’s nuclear test, President Obama of the United States said “[t]his is a highly provocative act that threatens regional stability, breaches U.N. resolutions and increases the risk of proliferation, calling for ‘further swift and credible action by the international community.”  Almost immediately, the United Nations contemplated additional sanctions, leading to North Korea condemning the international community, threatening to end the cease fire between North and South Korea and threatening a pre-emptive nuclear strike against the U.S.

In response, the 15-member U.N. Security Council voted unanimously on March 10 against North Korea imposing additional sanctions. These sanctions strengthened the prior 2006 Security Council Resolution issued by the U.N. in response to North Korea’s first missile test, asserting banking, trade, and travel constraints against North Korea.

North Korea is no stranger to disregarding U.N. threats and continuing its nuclear testing.  On three prior occasions, North Korea has conducted nuclear tests.  Following each event, the U.N. issued three separate resolutions in 2006, 2009, and 2010.  Thus, the question becomes what U.N. action will sufficiently deter North Korea and, hopefully, bring at least a little more cooperation between the international community and North Korea?

The 2006, 2009, and 2010 Nuclear Tests

Prior resolutions against North Korea have been unsuccessful.  The 2006 resolution states that the Security Council “[d]ecides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching.”  Comparatively, the 2009 resolution reiterates that the Security Council “[d]ecides that the DPRK shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner and immediately cease all related activities.”  Obviously, such U.N. “decisions” pose little threat or effect to North Korea, a non-member country of the U.N, because North Korea follows such measures by additional nuclear testing.

While the United Nations and its member countries remain hopeful of change, North Korea appears to be un-persuaded.  Mr. Choi, representative for South Korea, speaking in 2006, “urge[d] North Korea to heed carefully the united voice of the international community and to refrain from any action that would further aggravate the situation on the Korean peninsula.  North Korea should return immediately to the Six-Party Talks without any preconditions.  North Korea should abandon its nuclear weapons and missile programmes once and for all.”  However, as seen, North Korea ignored the hopes of the South Koreans by conducting additional missile tests in 2009, 2010, and now most recently, 2013.  If nuclear testing by North Korea bears such a threat to the peace of the international community, would harsher sanctions provide a reprieve?

Ineffectiveness of Current Economic Sanctions

The U.N. is able to provide broader sanctions, including military action, under its charter.  The U.N. Security Council’s authority vests in Chapter VII of the U.N. Charter.  Under Chapter VII, Article 39, the Security Council has such right to “determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.”  Article 41 provides lesser economic sanctions which “may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.”  Article 42 grants greater military authority “should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.”  Thus, if necessary, the U.N. may order military action against North Korea.

U.N. Security Council

What sanctions to impose today?
(Hurriyet Daily News)

The lack of effectiveness of economic action under Article 41 is apparent in North Korea’s continued nuclear testing.  One problem with the imposition of economic sanctions against North Korea is that they are enacted and enforced weakly.  Orde F. Kittrie, associate professor of law at Arizona State University, finds that U.N. nuclear sanctions pose one of four goals: (1) coercing a change in target behavior, (2) reducing or containing target ability to implement policies, (3) deterring other actors contemplating the same behavior, and (4) future possible sanctions.  While Kittrie notes that such tactics have been successful regarding nuclear proliferation in Iraq, the former Yugoslavia, and Haiti, sanctions against North Korea proved insufficient in 2006.  Sanctions depriving North Korea of travel and luxury goods provide little deterrence for nuclear testing and are merely an annoyance for an area known as the “Hermit Kingdom.”[1]  As such, weak economic sanctions pose little threat to North Korea, providing little deterrence in terms of nuclear testing.

Some U.S. and U.N officials believe that new sanctions imposed in 2013 will “bite, and bite hard” against North Korea, regardless of past sanctions showing little impact.  However, many others see the same problems of the 2006 sanctions occurring in the 2013 sanctions.  While the 2013 sanctions make funneling cash more difficult, these sanctions also embargo the similar sale of high-end luxury goods including “yachts and jewelry.”  Nor do the 2013 sanctions prevent China from providing food, energy assistance and investment, as Doug Bandow of the Cato Institute notes.  As Kittrie previously said in her 2007 article, these types of economic sanctions appear to provide more of an annoyance, rather than deterrence.

Additionally, economic sanctions may simply be ineffective against North Korea’s political and economic ideologies.  North Korea has long suffered from food shortages and economic struggles, leading to self-reliance rather than international trade.  Luxury items are discouraged and seen as harmful to human development.  Thus, economic sanctions have little deterrence against the economically self-reliant North Korea.[2]

While it remains to be seen if the 2013 sanctions will effectively deter North Korea from persisting in nuclear testing, it is also questionable whether harsher restrictions should be placed against North Korea.  As U.N. Charter Articles 41 and 42 state, the U.N. Security Council possesses stronger authority to deter North Korea than its current economic sanctions.  However, current sanctions seem to have only made relations worse between North Korea and the international community, while resulting in little deterrence.  Most importantly, the implementation of current U.N. sanctions has not only led to threats by North Korea, but North Korea’s abrogation of “all agreements on non-aggression reached between the North and the South.”  Lawmakers such as Susan Rice, U.S. ambassador to the U.N., maintain that increasing “North Korea’s isolation” through sanctions is the best option; however, past experience indicates the ineffectiveness of this approach.  Rather, it appears that such isolation techniques have led to an increase in nuclear testing and a decrease in communication between the international community and North Korea.

Conclusion

While it remains to be seen whether the 2013 sanctions against North Korea will effectively deter nuclear testing, the past indicates that these sanctions will not.  The 2013 sanctions have already led to substantial ill-will between North Korea and the international community and little indication that North Korea will cease testing.  As such, the question remains of whether the answer is for the U.N. to invoke harsher sanctions, including potential military action under Article 42, or whether a different approach would lead to better results.

Brad Bossenbroek is a third year law student at the Sturm College of Law, an editor on the Denver Journal of International Law and Policy, and a Publishing Editor for The View From Above.


[1] Orde F. Kittrie, Adverting Catastrophe: Why the Nuclear Proliferation Treaty is Losing its Deterrence Capacity and How to Restore it, 28 Mich. J. Int’l L. 337, 355-80 (2007).

[2] Karen M. Takishita, Economic Sanctions Against North Korea: An Unsuccessful and Sanctimonious Policy Ripe for Modification, 14 Pac. Rim L. & Pol’y J. 515, 530-33 (2005).

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Critical Analysis: Eccentric 90’s American Basketball Player Attempts Diplomacy – Korean War Reignites

 

Dennis Rodman and Kim Jong-un talk Basketball Diplomacy court-side. (The Sun)

Dennis Rodman and Kim Jong-un talk Basketball Diplomacy court-side. (The Sun)

Late last month, Dennis Rodman traveled to North Korea to try his hand at unsanctioned “Basketball Diplomacy.”  More famous for his antics off the court, Rodman was a power forward for, among several other teams, the 1995 – 1998 championship winning Chicago Bulls.  Modeled after the ping pong diplomacy that the United States and China engaged in during the 1970s, Rodman and several other basketball players traveled to North Korea for an exhibition basketball game.  Rodman watched the game court side with North Korea’s leader, Kim Jong-un.  Thought to be North Korea’s first leader to support the United States, Rodman and Kim Jong-un shared laughs during the game and also at a party afterwards.  Despite not being designated an official envoy by the United States, Rodman was able to bring back a message for United States President, Barack Obama: “Kim Jong-un wants [you] to call him.”

Despite his efforts, Rodman was not able to quell the ongoing tensions between the United States and Korea.  Days after the basketball match in Pyongyang, the United States and South Korea engaged in annual joint military exercises.  In response, North Korea cut communications with South Korea and rescinded its cease-fire agreement with the United States and South Korea, signed in 1953.  Adding fuel to the fire, the UN has increased sanctions to North Korea, effectively keeping North Korea’s rich from buying yachts and sports cars, a move North Korea has vowed to retaliate against with nuclear weapons.

Although hostilities have thankfully not re-started following North Korea’s withdraw from the cease-fire agreement, tensions are on the rise.  North Korea has finally had a successful test of a long-range missile and has renewed threats to use nuclear weapons against South Korea.  In response, the United States has pledged to upgrade their missile defense system, effectively negating North Korea’s new-found capabilities.  Whether or not one or both sides are posturing remains to be seen, since China has yet to weigh in on the issue in its current state.

That outlines the current stalemate.  Dennis Rodman flew to North Korea to sit with Kim Jong-un and watch basketball.  Rodman’s suave diplomacy skills uncovered Kim Jong-un’s deep seeded desire to just have a seat at the table with a personal invitation from President Barack Obama. Meanwhile, the world waits with bated breath to see whether China will permit the United States to increase missile defense, rendering not only North Koreans missiles ineffective, but Chinese missiles as well.  

Tom Dunlop is a 2L at Denver University Law and a Staff Editor for the Denver Journal of International Law and Policy.

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Critical Analysis: Google Earth Helps Inspire Human Rights Response Towards North Korea

A number of structures have been identified at camp 22. These include guard houses and burial grounds. (The Telegraph)

A number of structures have been identified at camp 22. These include guard houses and burial grounds. (The Telegraph)

North Korea has been a frequent topic in news headlines lately – from the country’s threat of a nuclear launch to Google CEO Eric Schmidt’s trip to Pyongyang.  However, another story that has been percolating just below the surface for years is just now starting to get attention: Google Maps’ and Google Earth’s revelation of prison camps through satellite imagery.

North Korea’s system of political prisons has operated for over fifty years, yet Pyongyang still insists the camps do not exist.  The only source of information about the camps has come out through the few who have managed to escape from the camps, until now.  On January 18, North Korean Economy Watch announced that a new camp has been identified through the use of Google Earth.  Analyst Curtis Melvin, one of those credited with identifying the camp, has said that the perimeter fence stretches nearly thirteen miles.  With Google Earth’s satellite images, North Korean Economy Watch has identified two entry points, six possible guard posts, a non-operational coal mine, and a number of accommodation units and office buildings.  Human rights activists maintain watch over the camps with this form of constant satellite imagery.

The Committee for Human Rights in North Korea receives imagery and analysis pro bono in a project with DigitalGlobe.  DigitalGlobe is a 20-year-old Colorado firm that provides some of Google Earth’s satellite imagery.  After companies like DigitalGlobe get the imagery, human rights activists such as Joshua Stanton, a Washington lawyer who runs a blog called One Free Korea, analyze the features of what look like political prisoner camps.  Stanton’s work, as well as Melvin’s and Google Earth’s, received acknowledgement in the 2012 edition of “The Hidden Gulag” by the Committee for Human Rights in North Korea.

Although the gulags are not news for these analysts, they are for the rest of the world.  Putting the gulags on Google Maps may have gotten a lot of jokes, but it also gave activists a “reason to hope that the world might finally take notice.”  With the gulags now visible to the world, U.N. High Commissioner for Human Rights Navanethem Pillay is urging the establishment of an independent international inquiry into the mass atrocity crimes taking place in North Korea.  She has “a rare window for meaningful action” because North Korea’s strongest allies, including China, Russia, and Cuba, will finish their terms on the U.N. Human Rights Council before the new session opens next month. This is especially important as other nations, the United States in particular, are focusing on North Korea’s nuclear program and rocket launches.  Unfortunately, even though the country’s deplorable human rights situation is now in the open, many leaders fear a human rights discussion would drive Pyongyang away from talks about its weapons programs.

As more and more information comes out about North Korea’s hidden gulags, possibly just from satellite imagery by organizations like Google Earth, it will become harder to turn a blind eye on North Korea’s human rights situation.  Google Earth is forcing people to do something about the prison camps in North Korea, whether through negotiations, U.N. actions, or pressure from the international community.

Samantha Peaslee is a 1L at the University of Denver, Sturm College of Law and a staff editor at the Denver Journal of International Law and Policy.

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Discussion: A Path to Peace in North Korea

Yesterday, the University of Denver Sturm College of Law hosted Eric Sirotkin, a widely regarded peacebuilder and mediator who has worked to resolve conflict in the Koreas and South Africa (to name just a few).  Earlier this year, he presented a Peace Conference hosted by the North Korean government.  He created a twelve-step plan to end the conflict in the Korean Peninsula.

Monument to the Three Charters for National Reunification
(Business Insider)

North Korea is a much more modern that I would have expected – Pyongyang is a city full of modern skyrises, stadiums, and a recently constructed reunification tower.  Both North and South Korea have unification ministers, whose job is to work toward ending the war and reunifying the country.  However, years of conflict have affected consciousness of the governments.  Indeed, a mindset of war and conflict pervades the dialogue on this issue.  Military parades and shows of force – think the parade of weaponry – are still frequent occurrences in the North.

There remain obstacles to peace in the Koreas.  In 1953, the Armistice ending the military conflict required future meetings to build a peace and restore the countries.  However, the first meeting was tainted by the Cold War, and nothing came.  Militarism, on both sides, pervades the conflict.  While the North Korean military is well knows, the United States recently shifted military assets to Asia.  South Korea hosts many US military bases, and if war breaks out, the United States is in charge of the military operation.  South Korea’s fear of state subversion also plays a role.  South Korea has a strong national security law that makes it extremely difficult for South Koreans to talk openly about the Korean conflict.

But the future is bright.  South Korea will elect a new government this year.  The United States’ election, as well, can be a bright point as people with more positive views on North Korea – such as Bill Richardson or John Kerry – come into influence.  North Korea’s new leader, Kim Jong Un, is fresh blood and is not necessarily beholden to the past.  These new generation of leaders hopefully can transcend beyond the racism and recognize the self-reliance which inheres in Korean society.  With this in mind, Mr. Sirotkin created his peace proposal.

Communication is the foundation for bringing this peace.  Listening to the dialogue, and understanding the context for the dialogue, is key.  This can involve some uncomfortable truths.  The South Korean Truth and Reconciliation uncovered some unsavory actions perpetuated by the United States and South Korea during the war before it was shut down by the South Korean government.  The trick is to move beyond the “bad” North Korean and the “good” South Korea to negotiate while understanding the other side’s position.  To this effect, the West needs to shift its negotiation structure to recognize the cultural underpinnings of North Korea and address that state as a co-equal state on the international playing field.  Jimmy Carter, a frequent visitor to North Korea, talks about North Korea’s desire to trade nuclear weapons for a peace treaty.  The point is, the US needs to open its dialogue and treat NorthKorea as coequal state on the international field.

This comments are my impression of Eric Sirotkin’s presentation, but do not necessarily reflect his views.

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Critical Analysis: North Korea Recognizes its First Lady

The Happy Couple (Hello Magazine)

In North Korean media, a mysterious woman has been showing up alongside Kim Jong-un.  This woman was seen attending an important gala concert, followed by a kindergarten, and most recently at the inauguration of an amusement park.  However, at this most recent event, North Korean media reported that this woman, now identified as Ri Sol-ju, is in fact the wife of North Korean leader Kim Jong-un.  While Kim Jong-un’s father acted previously in a near reclusive dictatorship, Kim Jong-un’s public recognition of his wife is just another sign of continuing policy change for North Korea.

“Secrecy and shadows characterized the 17-year rule of Kim Jong-il,” said John Park, a research fellow at the Belfer Center for Science and International Affairs at Harvard University. “In contrast, Kim Jong-un has already shown a pattern of being more open and engaging. He appears to enjoy public events and interacting with children and the common soldier. Many of these recent appearances look like a re-enactment of his grandfather’s mingling with the people in better times.”

The public announcement of Kim Jong-un’s wife was not the first event in changing North Korean politics.  Kim Jong-un was recently seen attending a Mickey Mouse concert, previously seen as a symbol of corrupted western society by his father.  Additionally, Kim Jong-un fired one of North Korea’s military general and removed some economic benefits from the already large army.  Regarding these changes, Cheong Seong-chang, a senior fellow at the Sejong Institute think-tank believes, “Kim Jong-un’s move appears to give the youth hoping for change, especially young women, a favorable impression of him, although it can make conservative old North Koreans uncomfortable.

Others have noted that Kim Jong-un’s actions may not show such a positive policy change; rather, these changes are meant to help consolidate and recognize power for Kim Jong-un’s dictatorship.  “This is all part of the process of legitimizing Kim Jong Un,” said David Maxwell, a retired U.S. Army colonel who served in South Korea and now is associate director of Georgetown University’s Center for Security Studies in Washington. “I think all the events of late, from the purge of General Ri Yong Ho to the marriage announcement, is all about elimination of opposition and consolidation of power among the elite while establishing Kim Jong-un’s reputation as the leader of the Party, the Army, and the people.”  However, regardless of the reasoning behind North Korea’s policy changes, at least some positive benefit is reaching the people on the transfer of power to Jim Jong-un.

Brad Bossenbroek is a rising third year law student at the University of Denver and a Publishing Editor on The View From Above.

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