Research Guide. Security Council. North Korea : the Human Rights and Security Nexus. Vice Chair: LEE See Hyoung. Vice Chair: JEE Jung Keun

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1 Security Council North Korea : the Human Rights and Security Nexus Chair: KIM Ju Yeok Vice Chair: LEE See Hyoung Vice Chair: JEE Jung Keun

2 1 Table of Contents 1. Committee Introduction 2. Background Topics of Discussion Previous Actions Possible Actions & Solutions Definition of Keywords Affiliated Organizations and Documents Critical Questions 9. Bibliography

3 2 1. Committee Introduction Security Council is one of the six main organs of the United Nations. It has 15 members with 5 permanent members and 10 non-permanent members. Five permanent countries are China, France, Russian Federation, the United Kingdom, and the United States, who were the victors of the World War II. Five countries wield veto power where they can vote against some resolutions not in their favor. Ten non-permanent member states are elected for two-year terms by the General Assembly according to the regional distribution of those seats. Under this member structure, it has primary responsibility to maintain international peace and security. Along with that, the council has purposes such as to build friendly relations between states, cooperate in dealing solving international problems and to be a center for harmonizing state s actions. *Veto Security Council grants right to veto, a designated voting power to the P5 nations. Veto usage has brought numerous international issues over the stance of the UN, as resolutions have failed even when it has obtained the minimum, nine favorable votes for the resolution. All veto usage during the conference must be within the delegates national stances and must be clearly justified pertaining to the practice of such action. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. - UN Charter: Article 27

4 3 2. Background Democratic People s Republic of Korea have been threatening the World peace. DPRK has developed Weapons of Mass Destruction such as nuclear weapons as well as chemical weapons. It has conducted several nuclear tests and carried out (and supported) terrorist attacks. The violation of human rights is extremely severe. The Security Council has changed its attitude to human rights over the past quarter of a century. The Council now treats human rights more importantly and various missions authorized by the Council have human rights tasks as well. The Council has developed commissions of inquiry, judicial mechanisms, visiting missions or sanctions to achieve goals with an impact on human rights in different parts of the world. Year 2018 can be a new turning point Inter-Korean Summit gives a possibility to cessation of hostilities, and denuclearization. Hence, if North-USA Summit leads to success, DPRK s hostile action can come to an end. However, as it had been before, there is a possibility for DPRK to change their stance and harm the peace by nuclearization.

5 4 3. Topics of Discussion Human rights Human rights violation happening in DPRK is a serious matter. First, frequent famine strike has enormously grown starvation. Medical, food and water supply are needed to ensure the basic human rights. Brutal actions taken in prison camps. Right to life of those citizens, and prisoners are needed to be guaranteed. Freedom of movement is also a big problem in DPRK. Because of political, economic hardship that the citizens of DPRK are going through, a lot of people escape from DPRK through the border of China; more than a thousand people every year try to escape. If they caught, high possibility they are going to be publicly executed. WMD(Weapons of Mass Destruction) There are two types of WMD existing in DPRK: nuclear weaponry, and chemical weaponry. DPRK tested a thermonuclear weapon (hydrogen bomb) for six times. Also, launching of ballistic missile at the same time. In previous actions done by the Security Councils, imposed sanction to nuclear test, and economic isolation, however, was not effective. Chemical weapon was used to assassinate Kim, Jong-nam using VX, and this act is defined as a terrorism. Chemical weapon is not only being made and used by DPRK, but also DPRK is trading the weapon itself, and technology with Syria. In the status quo DPRK promised to denuclearize, but if we see the past procedure that DPRK has done, we cannot just give full credit to DPRK. Hence, Inter-Korean Summit didn t address about chemical weapons, the council wants to focus on both issues. Terrorism A) Sony Pictures Cyber Terrorism Act Sony Pictures published a film Interview, which is about the assassination of Kim Jong-un. An anonymous hackers group named Guardians of the Peace cyber terrorized Sony Pictures with warning message, not to release the film. DPRK first denied the involvement. However, soon it was revealed that the terrorism act was done by DPRK.

6 5 B) Assassination of Kim Jong-nam Kim Jong-nam, older brother of Kim Jong-un, was assassinated in Malaysia with VX, which is chemical WMD. Terrorists from DPRK was clearly caught up on the security camera. This action was condemned by the international society, since it is not simply a terrorism act, but also serious violation of sovereignty. This directly led to the redesignation of terrorism sponsoring country, which is going to be elaborated further more in next part. C) Redesignation of Terrorism Sponsoring Country DPRK was designated as a terrorism sponsoring country, due to the bombing of KAL 858 incident in DPRK took off the label in Bush administration, however redesignated in 2017, Trump administration. President Trump said that North Korea has "repeatedly" sponsored acts of terrorism, including "assassinations on foreign soil," which means the assassination that harmed the sovereignty of Malaysia. \

7 6 4. Previous Actions UN Security Council resolutions and sanctions on DPRK There have been a number of resolutions passed by the UN Security Council, especially since the first nuclear test of DPRK in In principle, UN member states should freeze the assets of individuals and entities on blacklist, and should not make financial and economic transactions. However, UN sanctions basically have international legal personality, which means that they are not mandatory and are not binding on the states actions, even if they are a part of mandatory resolutions of the UN Security Council. Even if the resolution is not followed, no international legal measures exist to punish the country for not abiding by it. Different countries have different levels of enforcement measures against North Korea. There have been six nuclear tests proclaimed by DPRK since 2006, and the UN Security Council have passed resolutions containing the economic sanctions which have been strengthened consecutively. Such resolutions include Resolution 1718, 1874, 2094, 2270, 2321, and As for economic sanctions, there are sophisticated and elaborate measures on imports and exports, financial sanctions, and sanctions on ships, cargo, and aviation. UN Resolution on the Situation of Human Rights in the DPRK In 2003, the 59th UN Commission on Human Rights (the predecessor of the UN Human Rights Council) adopted the resolution on the situation of human rights in the DPRK for the first time, and since 2005, it has been adopted by the United Nations General Assembly. The resolution includes humanitarian cooperation and dialogue to improve the human rights in the DPRK. The main contents of the resolution are expressing serious concerns over various human rights issues including torture, public execution, political prison camps, prostitution, infant murder and kidnapping of foreigners, while urging upon the DPRK the protection of human rights and basic freedoms of civilians of the DPRK. Recently, the UNHRC adopted a resolution on the situation of human rights in the DPRK by consensus without a vote on March 23 during its 37th session. The Commission of Inquiry on Human Rights in the DPRK The Human Rights Council established the commission of inquiry on human rights in the DPRK with the adoption of its resolution 22/13 on 21 March The commission of inquiry are mandated to investigate the systematic, widespread and grave violations of human rights in the DPRK, with a view to ensuring full accountability, in particular, for violations that may amount to crimes against humanity. Such violations include violations of the right to food, the violations associated with prison camps, torture and inhuman treatment, arbitrary detention, discrimination, violations of the freedom of expression, violations of the right to life, violations of the freedom of movement, enforced disappearances, including in the form of abductions of nationals of other States.

8 7 Panel of Experts Under Operative Clause 26 of Resolution 1874, the Member States requested the Secretary General to establish a group of up to seven experts to assist and carry out the tasks of the Committee It needs to provide a report to the Council and the mandate may be extended upon the agreement of the Member States Amnesty International Amnesty International has been working on researching and creating reports on the DPRK, mainly on the issues of detention and imprisonment, freedom of expression, international justice, and torture. It has also launched campaigns to protect the human rights of citizens of the DPRK. One recent successful campaign was sending appeals to urge the DPRK authorities to ensure a forcibly returned woman and other detained individuals protected, and to release as well as drop charges against them. Democratic People s Republic of Korea The DPRK joined the IAEA in In 1985, the DPRK signed the NPT, and signed its NPT Safeguards Agreement with the IAEA in However, in 1993, the DPRK announced its withdrawal from the NPT but the USA persuaded the DPRK to suspend its withdrawal and to accept normal IAEA inspection. Finally, in 1994, the DPRK withdrew its membership of the IAEA. In 2003, the DPRK announced to withdraw NPT. Since 2006, there have been nuclear tests proclaimed by the DPRK. Recently, North Korean leader Kim Jong-un announced that he would shutter the Punggye-ri nuclear site and accept intensive inspection by the IAEA.

9 8 5. Possible Actions & Solutions In order to make the best solutions, understanding the previous actions taken by Security council and DPRK is important. DPRK have been threatening the world peace through launching ballistic missiles and taking decisive tests on nuclear weapon. So most actions taken in the Security council was to isolate its economy and ban smuggling weaponry through vessels. But have to consider The Inter-Korean Summit that was held in Panmunjeom, April 27th DPRK has agreed to denuclearization and end the Korean war. Seeing this, actions taken by Security Council may change in some ways. In order for the council to keep the North East Asian tension to cool down, and make DPRK to comply with 4.27 Inter-Korea Summit Talks, the council will also think about the worst case of scenario. The council can approach to the three dimensions: Economics, Military, Human Rights. 1) Economics Considering the economic dependency of DPRK toward China and Russia, both countries, as the P5 of Security Council, can pose economic sanction toward DPRK. The sanction can only be effective if China, and Russia actively participates. 2) Military Military sanction is going to be the most reluctant approach to DPRK. However, if DPRK keeps developing WMDs and trade with those weapons, as the council have seen the case of Syria, the Council can pose the military sanction. The sanction has high risk of leading to intervention. 3) Human Rights Human Rights approach is more focused on the grass-root level. According to the OHCHR, and Amensty International, violation actions by DPRK government have been observed, such as labor-camp. The council highly recommends DPRK government to solve the problems with more humanitarian approach. If the DPRK government approachs in more human rights friendly ways, the Council has willingness to give aid in such problem. ** Two approaches to block DPRK from harming global peace The first is to contain North Korea by taking steps to deter its aggressive behavior, among them the imposition of comprehensive sanctions and the deployment in South Korea of an effective system of ballistic missile defense. The second is to change it by defending the human rights of the North Korean people. That means doing what we can to end their isolation from the outside world, to empower them, and to give them a voice in determining their country s future. Only then might there emerge from within the country s elite class people who realize that the current system is doomed and who want to seek a peaceful way to a better future. It s time, therefore, for

10 9 specialists in both the security and human rights areas of policy begin a common discussion of how to fashion a more integrated approach to dealing with North Korea. 6. Definition of Key Terms Weapons of Mass Destruction Weapons of mass destructions (WMDs) constitute a class of weaponry with the potential to, in a single moment, kill millions of civilians, jeopardize the natural environment, and fundamentally alter the world and the lives of future generations through their catastrophic effects. The United Nations has sought to eliminate all categories of WMDs since its establishment. Non Proliferation Treaty Non Proliferation Treaty is an international treaty which contains the objective to prevent the spread of nuclear weapons and nuclear technology. Furthermore, it promotes the peaceful use of nuclear energy among parties of state which seeks nuclear disarmament and nonproliferation regime. This treaty is legally binding, so to speak among those who ratified the treaty. The DPRK withdrew from the treaty in Terrorism There is no universally agreed-on definition of terrorism. At best, we have a most universally accepted definition of terrorism, which is the following: terrorism is the use of violence to create fear (i.e., terror, psychic fear) for (1) political, (2) religious, or (3) ideological reasons (ideologies are systems of belief derived from worldviews that frame human social and political conditions). The terror is intentionally aimed at noncombatant targets (i.e., civilians or iconic symbols), and the objective is to achieve the greatest attainable publicity for a group, cause, or individual.

11 10 7. Affiliated Organizations and Documents Chapter VII of the UN Charter The Security Council shall 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. UN Security Council resolution 1718 was passed under the Chapter VII, Article 41, of the UN Charter and imposed a number of economic and commercial sanctions against DPRK. International Atomic Energy Agency (IAEA) International Atomic Energy Agency seeks cooperation with its member states for safe and secure use of nuclear technology. DPRK made an agreement for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Nevertheless, its membership was suspended in June There have been constant efforts by the IAEA to investigate and monitor DPRK but has failed to do as their experts were expelled from DPRK and was rejected entry. Sanctions Committee 1718 Based on Chapter VI Rule 28, The Security Council may appoint a commission or committee or a rapporteur for a specified question. Sanctions Committee 1718 was established after the adoption of Resolution 1718 to effectively operate the provisional measures of the resolution. The Committee consists of all Member States of the Council to undertake the tasks under Operative Clause 12 of Resolution 1718 The Inter-Korean Summit Took place on April 27th, 2018, two summits of the DPRK, and the ROK had a meeting, declaring the cessation of hostilities, and denuclearization. There were more summit meeting before, however it is the first and only summit that has declared the cessation of hostilities. It raises more hope for further DPRK-USA Summit. Resolution 2270 (2016) This resolution indicates prohibition of DPRK s supply on gold, titanium ore, vanadium ore, and rare earth minerals to other states. And prevent member states provision or trade of ballistic missile materials to the DPRK such as; aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel. And also, prohibits supply of nuclear related materials to DPRK.

12 11 Resolution 2375 (2017) Despite this resolution, DPRK had connection with Syria. They supplied ballistic missile technology and at least 40 shipments of chemical weapons-related material to Syria from Significance of this resolution is that all Member States to inspect vessels with the consent of the flag State, on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels contains items the supply, sale, transfer or export of which is prohibited by resolutions that has passed before such as Resolution Critical Questions A. What is the role of Security Council to make the DPRK to abide in the peace summit. B. If the DPRK goes against the 4.27 Inter-Korean Summit, how the Council is going to approach. C. Is it possible for the DPRK to promote the human rights by their own will?

13 12 9. Bibliography [1] Security Council Resolution 1718, S/RES/1718 (2006) (14 October 2006) [2] Security Council Resolution 1874, S/RES/1874 (2009) (12 June 2009) [3] Security Council Resolution 2094, S/RES/2094 (2013) (7 March 2013) [4] Security Council Resolution 2270, S/RES/2270 (2016) (2 March 2016) [5] Security Council Resolution 2321, S/RES/2321 (2016) (30 November 2016) [6] Security Council Resolution 2375, S/RES/2375 (2017) (11 September 2017) [7] Human Rights and the Security Council - An Evolving Role. Security Council Report. Web. [8] IAEA and DPRK: Chronology of Key Events. International Atomic Energy Agency. Web. [9] United Nations Human Rights Council, A/HRC/37/L.29 (2018) (23 March 2018) [10] United Nations Human Rights Council, A/HRC/RES/22/13 (2018) (14 July 2013) [11] Chronology of Events: DPRK. Security Council Report. Web. [12] Statement at the Security Council meeting on DPRK Human Rights(Amb. Cho Tae-yul- 11 December 2017). Permanent Mission of the Republic of Korea to the United Nations. Web.