N Korea posing new threat with launching Hwasong- 18

Muhammad Muzahidul Islam :
North Korea has recently launched a new missile called the Hwasong-18. The test had triggered a brief evacuation order on the northern Japanese island of Hokkaido before it fell into the waters east of the Korean Peninsula. It was North Korea’s first solid-fuel Intercontinental Ballistic Missile (ICBM) test. Analysts could argue that the test demonstrated the advanced and powerful weaponry of North Korean leader Kim Jong Un. Is it, however, any good for the people of North Korea and for the peace and stability of the region?

One could argue that since Hwasong 18 posed a threat to the peace and stability of the region, such activities are prohibited through the following UN sanction resolutions; 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) 2321 (2016), 2356 (2017), 2371 (2017), and 2375 (2017).

Paragraph 2 of the resolution 1718(2006) provides that “Demands that the DPRK not conduct any further nuclear test or launch of a ballistic missile”. Paragraph 5 provides that “Decides 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”.

Paragraph 7 of the same resolution also provides that “Decides also that the DPRK shall abandon all other existing weapons of mass destruction and ballistic missile programme in a complete, verifiable and irreversible manner”. Subsequent sanction resolutions also adopted the similar provisions on ballistic missile activities.

Pointing at the hostile nature of the activities of Hwasong 18, one could argue that such activities do not go with the commitments that come from the armistice agreement (1953) and the Comprehensive Military Agreement that was signed between the two Koreas in 2018. As per the provisions of ‘the Agreement on the Implementation of the Historic Panmunjom Declaration in the Military Domain’ that was signed by two Koreas in 2018, the parties are to completely cease all hostile acts against each other in every domain.

It is pertinent to mention here that UN Security Council is mandated under Chapter VII of the UN Charter to take measures addressing the activities that pose a threat to international peace and security. Without using force Security Council can impose sanctions under article 41 of the Charter. And this is what Security Council has been doing against North Korea since 2006. If measures of article 41 fail, Security Council can use force under article 42 of the Charter.

It must be noted that unlike the resolutions of other bodies of UN, the decision of the Security Council has special force so far it relates to the threat to the peace and security. Under article 25 of the UN Charter, the decisions of the UN Security Council are legally binding on the member States. UN Security Council sanctions resolutions imposed on DPRK are binding on the member States including North Korea. North Korean Hwasong 18 may be found in violations of the UN Security Council resolutions.

Peace-loving people of the globe do not like to see the North Korean Hwasong activities. People like to see all North Koreans are enjoying their freedom and rights. They are not struggling for meeting basic and fundamental needs. People around the globe like to see North Korea does not divert its scarce resources toward the development of nuclear weapons and ballistic missiles like Hwasong 18.

The Hwasong 18 conducted by North Korea posed a threat to the peace and stability of the region. Such activities may be found in violation of the relevant sanction resolutions. North Korea is bound to comply with the UN sanction resolutions. Since the Hwasong 18 activities are hostile in nature North Korea may, further, be found in breach of the agreements mentioned above. For the sake of the peace of the region, it is really important and urgent for North Korea to adhere to the commitments that come from these legal instruments.

(The writer is Barrister-at-Law, Human Rights Activist and an Advocate at the Supreme Court of Bangladesh).