[imText1]On the 14th (local time), 6 days since North Korea conducted its nuclear experiment, the U.N. Security Council unanimously voted on the North Korea Resolution 1718 excluding the use of militaristic armed force.
On this afternoon, repeated efforts were made to alleviate the effects of the draft, but in the end the North Korea Resolution was passed by all 15 member countries in the Security Council. This is the second resolution on North Korea following the first in regards to the missile launch in July, since North Korea first joined the U.N. in 1991.
The main point of this resolution on North Korea is to “devise sanction measures under the U.N. Charter 7, Article 41.”
At first, the U.S. invoked incorporating militaristic sanctions under the “U.N. Charter 7,” however with opposition from China and Russia, non-militaristic force was made possible under “Charter 7 Article 41.”
Excluding the use of armed forces, the U.N. Charter Article 41 stipulates ‘complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication, and the severance of diplomatic relations.’ Article 42 stipulates that if Article 41 proved to be inadequate, forceful action may be used to restore international peace and security.
In particular, the resolution demands that North Korea ceases further nuclear experiments and the launch of ballistic missiles, urging North Korea to take responsibility for safety and abide by the Nonproliferation Treaty (NPT) and International Atomic Energy Agency (IAEA).
Further, claims were made to abandon the development of all nuclear weapons, programs, and terminate the ballistic missile programs. Requests were also strongly made for a public declaration on the deferment of missile launches and for North Korea to return to the 6-Party Talks with no conditions and the 9.19 Joint Statement.
A ban on selling nukes and luxurious goods
In addition, the resolution bans all member countries to sell any articles, materials, equipment and skills that may aid North Korea’s nukes or ballistic missiles and the weapons of mass destruction program.
Also, trade of all materials or parts of tanks, vehicles, heavy weaponry, fighter planes, helicopters and battleships associated to missiles or its systems, determined by the Security Council or its member states have been completely banned.
Moreover, the resolution stated that it would “block trade of all luxurious goods so it cannot be sold or provided directly to North Korea through its citizens or planes.” The aim of this resolution is to bring about change in the regime and collapse of North Korean leaders.
Even in the mid-90’s where hundreds and thousands of people were dying of starvation, Kim Jong Il purchased hundreds of Mercedes-Benz from Germany to give as presents to his high-ranking military and administrative officials.
Hence, member countries plan to stop North Korea’s programs in ballistic missiles, nuclear and weapons of mass destruction, by freezing funds which support this such as financial properties and economic investments. Member counties will also take measures to prohibit the use of financial and economic funds of any individual or organization who is taking orders from North Korea.
In the end, even China who was at first refuting the issue of maritime inspection agreed and specified that it would also endorse measures to conduct inspection of vessels at ports according to Chinese law, in order to stop criminal trade acts by North Korea.
In the original draft, maritime inspection was stipulated to be enforced only if necessary and understood to be militaristic measures in relation to the block of maritime issues. The new resolution stipulates that where possible other appropriate measures should be taken and that inspection is no longer the primary measure.
Sanctions Committee will decide whether or not Kaesung Industrial Complex and Mt. Geumgang Tourism will continue
An issue receiving particular attention from this resolution is the establishment of the Sanctions Committee that will most likely be formed by the Security Council’s member states. The main task of the Sanctions Committee will be to ensure that each member country strictly abides by the North Korea resolution and rather than taking a vague approach to the actualization of the resolution, the committee will assume a more concrete role.
Following, the resolution called for each member to adopt the resolution within 30 days and draft a report to the Sanctions Committee. The committee will then present a report to the Security Council every 90 days.
As each country will have differing interpretations on North Korea’s WMD program and its associated individuals and organizations, the Sanctions Committee has the power to make specific appointments over each country.
Consequently, there is a high chance that the Sanctions Committee will decide whether or not to continue the construction of Kaesung Industrial Complex or Mt. Geumgang Tourism which the South Korean government claims has no associations to North Korea’s WMD program.
In addition, it seems that this resolution clears states that it will continue to arbitrate North Korea’s actions (in regards to the North Korea resolution) by strengthening, modifying, and terminating judgments as well as make additional drafts in the case North Korea displays a hard response.
In regards to this, North Korea’s U.N. Ambassador Park Gil Yeon stated in his address that that his government ‘totally rejected’ the resolution and claimed that “If the U.S. continues to pressurize North Korea, then North Korea would consider it a declaration of war and take critical countermeasures.”
In one sense, the inspection of vessels exporting to North Korea has provided a foundation for the PSI to largely participate and it is expected to have strong repercussions on North Korea. It has been analyzed that maritime inspections will bring about conflict or NLL invasion and possibly an invasion on the Demilitarized Zone.
