A Regional Solution for Human Rights and the End of Weapons of Mass Destruction in North Korea

( Grace M Kang ) 서울대학교 아시아태평양법연구소 2005 Journal of Korean Law Vol.4 No.2

Since October of 2002, the international community has been focused solely on resolving the issue of North Korea’s pursuit of nuclear weapons capability, despite other significant threats posed by the reclusive regime. These problems include North Korea’s probable possession of one of the world’s largest chemical weapons arsenals, its biological weapons capability, its trade in missiles and illegal goods, its potential linkage to terrorists, and its horrendous human rights violations. A comprehensive solution to the threats posed by the DPRK is necessary for achieving true security. Linkage of various issues, including human security and economic benefits, should be utilized to achieve progress. This solution should incorporate existing legal conventions to create an architecture of standards for achieving security. Broadening the scope of negotiations also provides more opportunities for cooperation on economic, scientific, and educational issues. East Asian states should seize the opportunity to find common ground and create a permanent security structure for the region. Resolving the DPRK problem within this context would improve the prospects for a more sustainable security.

Understanding the North Korean Human Rights Act of 2004

Grace M. Kang 통일연구원 2004 International journal of korean unification studie Vol.13 No.2

The North Korean Human Rights Act of 2004 introduces new considerations on how the United States should address the problems posed by North Korea. The Act calls for human rights to be a key element in negotiations on the current nuclear weapons crisis. It links non-humanitarian aid to substantial improvements in human rights. It calls for a Special Envoy on Human Rights in North Korea to coordinate and promote human rights efforts. The Act also authorizes $24,000,000 per year for the next four years to achieve its goals, which are to promote human rights in North Korea, promote a more durable humanitarian solution for North Korean refugees, increase monitoring and access to humanitarian assistance inside North Korea, promote information into and out of North Korea, and promote progress towards peaceful reunification under a democratic system of government. The Act emphasizes monitoring of humanitarian assistance inside North Korea to minimize the possibility that it could be diverted to political or military use. It also calls for pressuring China and the UNHCR to more vigorously protect North Korean refugees and recognizes the importance of nongovernmental organizations, UN bodies, and states in addressing the human rights issue. In addition, the Act contemplates a visionary, multilateral solution modeled after the Helsinki process that may allow for a fundamentally improved security situation in northeast Asia. The North Korean Human Rights Act of 2004 introduces new considerations on how the United States should address the problems posed by North Korea. The Act calls for human rights to be a key element in negotiations on the current nuclear weapons crisis. It links non-humanitarian aid to substantial improvements in human rights. It calls for a Special Envoy on Human Rights in North Korea to coordinate and promote human rights efforts. The Act also authorizes $24,000,000 per year for the next four years to achieve its goals, which are to promote human rights in North Korea, promote a more durable humanitarian solution for North Korean refugees, increase monitoring and access to humanitarian assistance inside North Korea, promote information into and out of North Korea, and promote progress towards peaceful reunification under a democratic system of government. The Act emphasizes monitoring of humanitarian assistance inside North Korea to minimize the possibility that it could be diverted to political or military use. It also calls for pressuring China and the UNHCR to more vigorously protect North Korean refugees and recognizes the importance of nongovernmental organizations, UN bodies, and states in addressing the human rights issue. In addition, the Act contemplates a visionary, multilateral solution modeled after the Helsinki process that may allow for a fundamentally improved security situation in northeast Asia.

LEGAL ELEMENTS FOR A COMPREHENSIVE SOLUTION TO THE PROBLEM OF NORTH KOREA’S WEAPONS OF MASS DESTRUCTION AND CRIMINAL ACTIVITIES

Grace M. Kang 통일연구원 2003 International journal of korean unification studie Vol.12 No.1

The problems posed by the DPRK extend beyond nuclear weapons. They include chemical and biological weapons, ballistic missile proliferation and organized criminal activity. The potential for linkage to terrorists is significant. This paper recommends legal requirements to be embedded in a political solution to the DPRK nuclear crisis to achieve security comprehensively. It requires that the DPRK adhere to the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention, the Biological Weapons Convention, the International Code of Conduct Against Ballistic Missile Proliferation, and the UN conventions on transnational crime, drug trafficking, terrorism, and human rights. This paper recommends immediate enforcement of existing law by interdictions, economic sanctions, and tightened export controls. For the short term, it also recommends the passage of UN Security Council Resolutions to cover gaps in existing law and to enhance political support for enforcement actions. For the longer term, it advocates the creation of more treaties against international crime, the criminalization of WMD and their proliferation, and the expansion of the ICC’s legal jurisdiction to include drug trafficking and other crimes committed by the Kim Jong il regime. These lines of action can lead to the realization of a coherent international order maintained more by comprehensive rule of law rather than use of force. The problems posed by the DPRK extend beyond nuclear weapons. They include chemical and biological weapons, ballistic missile proliferation and organized criminal activity. The potential for linkage to terrorists is significant. This paper recommends legal requirements to be embedded in a political solution to the DPRK nuclear crisis to achieve security comprehensively. It requires that the DPRK adhere to the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention, the Biological Weapons Convention, the International Code of Conduct Against Ballistic Missile Proliferation, and the UN conventions on transnational crime, drug trafficking, terrorism, and human rights. This paper recommends immediate enforcement of existing law by interdictions, economic sanctions, and tightened export controls. For the short term, it also recommends the passage of UN Security Council Resolutions to cover gaps in existing law and to enhance political support for enforcement actions. For the longer term, it advocates the creation of more treaties against international crime, the criminalization of WMD and their proliferation, and the expansion of the ICC’s legal jurisdiction to include drug trafficking and other crimes committed by the Kim Jong il regime. These lines of action can lead to the realization of a coherent international order maintained more by comprehensive rule of law rather than use of force.

The Three Freedoms of the United Nations in Northeast Asia

Grace M. Kang 한국학술연구원 2005 Korea Observer Vol.36 No.4

A Legal Architecture for Resolving the DPRK Conundrum

Grace M. Kang 한국평화연구학회 2006 평화학연구 Vol.7 No.2