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North Korea and the Use of Force in International Law
( Boris Kondoch ) 국방대학교 안보문제연구소 2013 The Korean Journal of Security Affairs Vol.18 No.2
Although states in Northeast Asia have experienced a long period of prosperity and peace, the Korean peninsula appeared to be on the brink of war in 2013. In addition to the 2013 crisis, there is growing concern about the human rights situation inside North Korea and the collapse of the North Korean state, which may also lead to outside military intervention. This article examines the various legal justifications that might be offered to justify military action against the Democratic People`s Republic of Korea. It claims that in absence of United Nations Security Council authorization, or an imminent armed attack triggering the right of self-defense, or an invitation of the North Korean government to intervene, any other category of force including the right to humanitarian intervention, the right to rescue of nationals abroad, and the right to pre-emptive self-defense will be viewed as illegal or at least controversial.
Jus ad Bellum and Cyber Warfare in Northeast Asia
Boris Kondoch (사) 이준국제법연구원 2013 Journal of East Asia and International Law Vol.6 No.2
Cyber attacks have become a grave threat to international peace and security. Northeast Asia is a critical point of many of these cyber operations. First, South Korea has been the target of cyber attacks from North Korea. Second, there are harsh debates on this matter between the US and China. While the United States have expressed their concerns about the growing threat of cyber intrusions from China, the People's Republic of China has blamed the US for attacks against their respective computer networks. From the perspective of the jus ad bellum, potential cyber attacks raise a number of difficult and complex issues. The following article examines which cyber operations amount to the use of force as stipulated in Article 2(4) of the UN Charter and discusses the conditions under which type of cyber attacks could trigger the right to self-defense. In addition, other available remedies outside the framework of Article 51 of the UN Charter will be discussed.
The Responsibility to Protect and Northeast Asia: The Case of North Korea
( Boris Kondoch ) 한국국방연구원 2012 The Korean Journal of Defense Analysis Vol.24 No.4
Far East University, Eum seong-gun, Chungcheongbuk-do, Republic of Korea" The only reason that we cannot claim that North Korea is the worst human rights disaster in the world today is because we are not allowed to see the extent of it. The victims are faceless and nameless, whether they are forced to study Kim Il Sung-isms, banished to live in gulags, or tortured and executed for trying to escape the country."Victor Cha1The Responsibility to Protect in international relations and international law has bve focused on Northeast Asia as a whole and analyzed whether the Responsibility to Protect applies to North Korea. Therefore, the following article examines the Responsibility to Protect from the perspective of Northeast Asia and elaborates on the question of whether North Korea has manifestly failed the R2P and whether the international community has a responsibility to act. There appears to be strong evidence that North Korea has violated its responsibility to protect its own citizens by committing crimes against humanity. Nevertheless, there has been little recognition by governments that the current human rights situation would trigger the responsibility of the international community. There will also be voices arguing that the denuclearization of the peninsula should have priority over human rights concerns. This article will argue, however, that treating human rights issues as a taboo will not guarantee any success in future arms negotiations.
Normative and Legal Challenges to un Peacekeeping Operations
Howe, Brendan,Kondoch, Boris,Spijkers, Otto Brill Academic Publishers 2015 Journal of international peacekeeping Vol.19 No.1
<P>The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After providing an overview of the legal framework of un peacekeeping and the application of human rights law, international humanitarian law, and international criminal law, the article turns to issues related to the accountability and immunity of un peacekeepers. The final section addresses normative concepts including the responsibility to protect, the protection of civilians, human security and their relevance in regard to un peacekeeping.</P>