N Korea’s illegal activities impacting peace in Korean peninsula

Muhammad Muzahidul Islam :

Recently, in November 2023, North Korea conducted spy satellite launch. It is not the first time that North Korea conducted such activities. It’s past such activities that were conducted in May and August 2023 had failed.

Surely, such provocative activities are not any good for the peace, and for the friendly relationship with the neighbor countries. Can North Korea conduct such acts posing a threat to the regional peace and security or stability being a member of the United Nations, and being a party to the Inter-Korean agreement (2018)?

Let me share with you the news of the recent attempt of spy satellite launch of North Korea. I just share with you the relevant portion from the news published in the BBC NEWS. And according to this news (North Korea claims successful launch of spy satellite after prior failures, By Kathryn Armstrong & Kelly Ng)’North Korean state news agency KCNA said the satellite, named Malligyong-1, had “accurately” entered orbit and leader Kim Jong Un had observed the launch.

The launch has been condemned by the UN, which maintains sanctions on North Korea due its nuclear missiles development, and other countries including the US and Japan. The UN secretary-general said: “Any launch by [North Korea] using ballistic missile technology is contrary to the relevant Security Council resolutions.”

He reiterated a call for the North to return to its path of denuclearisation. The White House called the move a “brazen violation” of UN resolutions, while Japan’s Prime Minister, Fumio Kishida, also condemned the launch – which flew over the country’s Okinawa prefecture and on towards the Pacific Ocean.

The Japanese government briefly issued an emergency warning, telling residents in Okinawa to take shelter. North Korea had on Monday told Japan it intended to attempt its satellite launch again. It had tried twice this year and failed – in May and August. Mr Kishida condemned the launch “in the strongest terms” and said a complaint had been lodged with North Korea’.

I already mentioned in my articles that were published earlier that using ballistic missile technology is banned under the relevant UN resolutions. And I would repeat it again, and take the opportunity of sharing with you the relevant UN resolutions that banned the use of ballistic missile technology. Resolution 2087 (2013) that was adopted by the Security Council at its 6904th meeting, on 22 January 2013 provides that “1. Condemns the DPRK’s launch of 12 December 2012, which used ballistic missile technology and was in violation of resolutions 1718 (2006) and 1874 (2009); 2. Demands that the DPRK not proceed with any further launches using ballistic missile technology, and comply with resolutions 1718 (2006) and 1874 (2009) by suspending all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on missile launches; 3. Demands that the DPRK immediately comply fully with its obligations under resolutions 1718 (2006) and 1874 (2009), including that it: abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner; immediately cease all related activities; and not conduct any further launches that use ballistic missile technology, nuclear test or any further provocation”.

Resolution 2094 (2013) that was adopted by the Security Council at its 6932nd meeting, on 7 March 2013 also provides that “2. Decides that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests or any other provocation”.

UN Security Council is mandated under Chapter VII of the UN Charter to take necessary measures against the activities that pose to international peace and security. It must be noted that UN sanctions resolutions are measures of UN Security Council under article 41 of the UN Charter to address the activities that pose a threat to international peace and security.

Relying on the provisions of UN Charter, for example article 25, one could argue that these sanctions resolutions have legal binding force on the member states including North Korea; because article 25 provides that “The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter”.

Let me share with you of the very recent, December 2023, activities of North Korea. According to CNN (North Korea test fires ballistic missile with potential to reach entire US, Japan says, By Brad Lendon and GawonBae, CNN, Published 11:37 PM EST, Sun December 17, 2023)”Monday’s launch was North Korea’s second of a ballistic missile in less than 24 hours. On Sunday night, a short-range ballistic missile was launched toward the waters off the east coast of the Korean Peninsula, according to South Korea’s Joint Chiefs of Staff”.

Surely, such activities would spoil the peace and harmony among the neighbor countries and raise tensions. One would argue that these provocative activities would have adverse impacts on the responsibilities of the parties to the Inter-Korean agreement 2018.

North Korea’s such activities may be found in violations of the UN resolutions and the international instrument mentioned above. It is the expectation of the peace-loving people that North Korean regime would show its honor and respect to obligations and responsibilities that come under those international instruments. It is also expected that UN Security Council would take due measures in response to such activities.

(The writer is a Barrister-at-Law, human rights activist and an Advocate at the Supreme Court of Bangladesh)