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1. Juliean Borger, "Force is next resort, Bush tells Pyongyang," The Guardian, March 5, 2003. (back)
2. Jonathan Watts, "US warns North Korea strike is possible," The Guardian, January 23, 2003. (back) 3. Bruce Cummings, "North Korea's nuclear winter," Le Monde Diplomatique, February 2003. (back) 4. Leon V. Sigal, DISARMING STRANGERS: NUCLEAR DIPLOMACY WITH NORTH KOREA 20 (New Jersey: Princeton University Press, 1998). (back) 5. Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE 88 (Malden: Blackwell Publishers, 1999). (back) 6. id. (back) 7. Francis Boyle, THE CRIMINALITY OF NUCLEAR DETERRENCE: COULD THE WAR ON TERRORISM GO NUCLEAR? 17 (Atlanta: Clarity Press, 2002). (back) 8. "North Korea withdraws from nuclear treaty," The Guardian, January 10, 2003. (back) 9. See supra note 4 at 240. (back) 10. Richard Falk, "United Nations: The Rule of Law," Le Monde Diplomatique, December 2002. (back) 11. Richard Falk, THE GREAT TERROR WAR 144 (New York: Olive Branch Press, 2003). (back) 12. Richard Falk and David Krieger, Iraq and North Korea: Meeting the challenge of Nuclear Weapons Proliferation (2002) at www.wagingpeace.org (last visited Feb 20, 2003). (back) 13. Id. (back) 14. See supra note 5 at 87-88. (back) 15. Bruce Cumings, PARALLAX VISIONS: MAKING SENSE OF AMERICAN-EAST ASIAN RELATIONS 127 (Durham: Duke University Press, 1999). (back) 16. See supra note 4, Appendix I. (back) 17. Id. (back) 18. See supra note 15 at 144. (back) 19. Gregory Elich, "Targeting North Korea," Global Research, on the Web at http://globalresearch.ca/articles/ELI212A.html (last visited April 27, 2003) (back) 20. Id (back) 21. Id (back) 22. Id (back) 23. Id. (back) 24. Id. (back) 25. Id at 144-45. (back) 26. Id at 146. (back) 27. "South Korea Stopped US Strike on North Korea," Agence France-Presse, May 24, 2000. (back) 28. Leon V. Sigal, "Jimmy Carter," Bulletin of the Atomic Scientists, January-February 1998. (back) 29. Agreed Framework between the DPRK and the U.S., Geneva, October 21, 1994. (back) 30. Id. (back) 31. "Starving North Korea pleads for aid amid nuclear standoff," The Observer, February 9, 2003. (back) 32. Id. (back) 33. John Gittings, "North Korea fires missile over Japan," The Guardian, September 1, 1998. (back) 34. Hans M. Kristensen, "Preemptive Posturing," Bulletin of Atomic Scientists, September-October 2002. (back) 35. Bruce Cumings, "Contesting US Hyperpower: Dangerous Dynamics," Le Monde Diplomatique, May 2001. (back) 36. Id. (back) 37. Johnathan Watts, "Nobel prize goes to 'Seoul's Mandela," The Guardian, October 14, 2000. (back) 38. Karen De Young, "Bush Lays Down a Marker for 3 'Evil' States," The Washington Post, January 30, 2002. (back) 39. Gregory Elich, "Targeting North Korea," See supra note 19. (back) 40. Id. (back) 41. Id. (back) 42. Id. (back) 43. "North Korea admits to nuclear weapons programme," The Guardian, October 17, 2002. (back) 44. Id. (back) 45. John Gittings, "N Koreans offer America talks on nuclear fears," The Guardian, October 22, 2002. (back) 46. John Gittings, "Rumsfeld gets tough on North Korea," The Guardian, December 24, 2002. (back) 47. Simon Jeffery, "North Korea restarts Nuclear programme," The Guardian, December 12, 2002. (back) 48. Simon Jeffery, "Expelled UN inspectors leave N Korea," The Guardian, December 31, 2002. (back) 49. Jonathan Watts, "Sanctions would be an act of war, Pyongyang says," The Guardian, January 8, 2003; "North Korea withdraws from nuclear treaty," The Guardian, January 10, 2003. (back) 50. Jonathan Watts, "US warns North Korea strike is possible," The Guardian, January 23, 2003. (back) 51. "Blair: North Korea is next," The Guardian, January 29, 2003. (back) 52. Johnathan Watts and Julian Borger, "Satellite shows Korea is next step for bomb," The Guardian, February 1, 2003. (back) 53. Simon Jeffery, "North Korea: US intends to attack us," The Guardian, March 7, 2003. (back) 54. Oliver Burkeman, "North Korean jets harry US spy plane," The Guardian, March 4, 2003. (back) 55. Barbara Demick, "War tensions mount in the Koreas," Los Angeles Times, March 23, 2003 at A32. (back) 56. Jonathan Watts, "China plays key role in Korea talks," The Guardian, April 23, 2003. (back) 57. Jonathan Watts, "North Korea's nuclear boast defies belief," The Guardian, April 26, 2003. (back) 58. Jon Halliday and Bruce Cumings, KOREA-THE UNKNOWN WAR 128, 163 (New York: Pantheon Press, 1988). (back) 59. See supra note 5. (back) 60. See supra note 7 at 210. (back) 61. Mary Ellen O'Connel, The myth of preemptive self-defence, ASIL Presidential Task Force, August 2002 pg. 9 at http://www.asil.org/taskforce/oconnell.pdf (Last visited at 3/28/03). (back) 62. See supra note 4 at 240. (back) 63. Chapter VII, Article 51 of the U.N. charter, in INTERNATIONAL LAW: SELECTED DOCUMENTS 13 (Barry E. Charter and Phillip R. Trimble eds., New York: Aspen Law & Business 2002). (back) 64. See supra note 10. (back) 65. Id. (back) 66. Id. We now know that Israel reacted on less than convincing evidence. See "Le Général Rabin ne pense pas que Nasser voulait la guerre," Le Monde Diplomatique, February 19, 1968. (back) 67. Louis Henkin, Use of force: Law and U.S. policy, in RIGHT V. MIGHT: INTERNATIONAL LAW AND THE USE OF FORCE 45 (New York: Council on Foreign Relations Press, 1991). (back) 68. Advisory Opinion on the Legality of the Threat or use of Nuclear Weapons, 1996 I.C.J. 226, paragraph 41. (back) 69. Protocol Additional to the Geneva Conventions of 12 August, 1949, and Relating to the Protections of Armed Conflicts (Protocol I), June 8, 1977, art 51, para 5; Judith Gardam, Proportionality and Force in International Law, 87 A.M. J. Intl' L. 391 (1993). (back) 70. Id. (back) 71. Id. (back) 72. See supra note 61 at page 11. (back) 73. See supra note 10. (back) 74. SC Res 487 (June 19, 1981). The American representative to the UN Security Council, Ambassador Jean Kirkpatrick, said that the U.S. also understood that Israel's actions violated the charter. See UN S.C.O.R. 36th Session., 2288th mtg at 14, UN Doc. S/PV.2288 and Corr.1 (1981). (back) 75. See supra note 10. (back) 76. The UK used forced against Yemen following rebel attacks from its territory on the colony of South Arabia in 1964. This use was condemned as a reprisal because of the delay and the disproportionate use of force. UN SC Res 188 (1964). Jean Combaque, "The exception of Self-Defense in U.N. practice" in The Current Legal Regulation of the Use of Force, (A. Cassese, ed., 1986). (back) 77. "North Korea adds fuel to nuclear crisis," The Guardian, January 8, 2003. (back) 78. Simon Jeffrey, "North Korea prepares for new missile test," The Guardian, March 7, 2003. (back) 79. Ian Traynor and Julian Borger, "US fears North Korea could nuke California," The Guardian, February 13, 2003. (back) 80. "North Korea threatens to end armistice over US build-up," The Guardian, February 18, 2003; John Gittings, "IAEA condemns North Korea for reviving reactor," The Guardian, February 26, 2003. (back) 81. Far Eastern Economic Review, 15 October 1998; Wada Haurki, "Can North Korea's Perestroika Succeed?" Sekai, November 2002. (back) 82. See supra note 4 at 214. North Korea has responded to US threats of force by warning that in an event of such an attack US troops in South Korea and Japan would then be targeted by Pyongyang. The counter warnings have always been directed at the US troops in South Korea and Japan and not the people there. See Ewen MacAskill, Chris McGreal and Nick PatonWalsh, "As eyes of the world focus on Iraq, the rest of the world's hot spots get hotter," The Guardian, March 27, 2003. (back) 83. See supra note 11. (back) 84. See supra note 4 at 20 and supra note 50. (back) 85. See supra note 15 at 63-64; Owen Bowcott, "US troops violated Geneva convention," The Guardian, January 3, 2003. Even if the regime in North Korea lacks a genuine concern for civilians in their country, the actions of US soldiers in treating civilians during the Korean War as the 'dehumanized other' would still be of concern to the government. The North Korean government would fear that the U.S. would not hesitate to attack North Korea to achieve its military objectives despite any moral concern for civilians. Supra note 15 at 63-64. (back) 86. See supra note 15 at 128-134. (back) 87. Id. (back) 88. See supra note 4. (back) 89. Hans Kristensen, "Preemptive posturing," Bulletin of Atomic Scientists, vol. 58, no. 5, Sept-Oct 2002, pp. 54-9. (back) 90. See supra note 7 at 210. (back) 91. See supra note 11 at 132. (back) 92. Id. This is especially so since the U.S bypassed the UN in its recent war with Iraq. (back) 93. Id. (back) 94. See supra note 5. (back) 95. Id. (back) 96. See supra note 4 at 20. (back) 97. Id. at 21. (back) 98. Id. at 20-21. (back) 99. Id. at 235. (back) 100. Id. at 20, 248; Julian Borger and Jonathan Watts, "Force is next resort, Bush tells Pyongyang," The Guardian, March 5, 2003; Jonathan Watts, "China cuts oil supply to North Korea," The Guardian, April 1, 2003. (back) 101. See supra note 3. (back) 102. See supra note 68 at 266. Also see generally Ved P. Nanda and David Krieger, NUCLEAR WEAPONS AND THE WORLD COURT, (Ardsley, N.Y.: Transnational 1998). (back) 103. See supra note 5 at 88. (back) 104. The treaty on the Non-Proliferation of Nuclear Weapons in, DOCUMENTS ON INTERNATIONAL LAW AND WORLD ORDER 204-06 (Richard A. Falk, and Anthony D'Amato eds 2nd ed, Minn: West Publications, 1980). (back) 105. Id.; See supra note 5 at 199. (back) 106. See supra note 3. (back) 107. See supra note 4 at 97. (back) 108. Id. (back) 109. Id. (back) 110. Id. (back) 111. Id. at 197. (back) 112. Gregory Elich, "Targeting North Korea," See supra note 19. (back) 113. Id. (back) 114. Id. (back) 115. Id. (back) 116. See supra note 90 and accompanying text. Also see supra note 7 at 210. (back) 117. Vienna Convention on the Law of Treaties in INTERNATIONAL LAW: SELECTED DOCUMENTS 65 (New York: Aspen Law & Business 2002). (back) 118. See supra note 3 F2. (back) 119. Id; See supra note 29. (back) 120. See supra notes 84-88 and accompanying text. (back) 121. See supra note 117 at 66-67. (back) 122. See supra note 7. (back) 123. Id. (back) 124. See supra note 15 at 127. (back) 125. See supra notes 69 and 70. (back) 126. See supra note 3. (back) 127. See supra note 67. (back) 128. See supra note 61 at 17. (back) 129. See supra note 4 at 240. (back) 130. See supra note 70 and accompanying text. (back) 131. See supra note 4 at 76. (back) 132. Id. (back) 133. General Thomas A. Schwartz, Statement before the Senate Armed Services Committee, March 7, 2000. (back) 134. See supra note 61. (back) 135. SC Res. 487 (June 19, 1981). (back) 136. See supra note 76. (back) 137. See supra note 81. (back) 138. Desaid Anderson. "Crisis in North Korea: the U.S. Strategic Future in East Asia," Nautilus of America, http://www.nautilus.org/for a/security/0325A_Anderson.html (last visited 4/27/03). (back) 139. See generally, Suh Sung, UNBROKEN SPIRIT: NINETEEN YEARS IN THE SOUTH KOREAN GULAG (Lanham: MD 2001) See also, Bruce Cumings, KOREAS PLACE IN THE SUN: A MODERN HISTORY 340-93 (N.Y: Norton & Company, 1997). (back) 140. See supra note 35. China claims a right to control and to prohibit aerial surveillance over the South China Sea area, where the collision with the US aircraft occurred. While the legal claims of flights over this area have been disputed, the U.S. has at times itself claimed special control over areas extending beyond its territorial sea in times of crisis or emergency. See 1981-88 (II) Cumulative Digest of United States Practice in International Law 1751. Even if the U.S was found to have a legal right to the flight it would still be considered intrusive and provocative with disregard of the rights of China in violation of article 58 of the Laws of Sea Convention. See UN Convention on the Law of the Sea, opened for signature Dec. 10, 1982, U.N. Doc. A/CONF.62/122, reprinted in 21 I.L.M. 1261 (1982). (back) 141. Stanimir A. Alexandrov, SELF-DEFENSE AGAINST THE USE OF FORCE IN INTERNATIONAL LAW 17-18 (Boston : Kluwer Law International, 1996). (back) 142. Declaration on Principles of International Law concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, G.A. Res 2625, U.N. GOAR, 25th Sess., Supp. No. 28, U.N. Doc. A/8028 (1970). (back) 143. See supra note 61 at pg. 8-9. (back) 144. See supra note 63 at 10-11. (back) 145. See supra note 45; "North Korea withdraws from nuclear treaty," The Guardian, January 10, 2003; Dan Oberdorfer, "My Private Seat at Pyongyan's Table," The Washington Post, November 10, 2002. (back) 146. Id. See supra note 56. (back) 147. Peter Hayes, "North Korea's Negotiating Tactics and Nuclear Strategy," Nautilus of America, Friday, April 18, 2003 at http://www.nautilus.org/napsnet/sr/index.html (last visited 4/27/03). (back) 148. Id. (back) 149. See supra note 3. As the three countries are allies of the U.S. (back) 150. Id. (back) 151. Jonathan Watts, "Starving North Korea pleads for aid amid nuclear standoff," The Observer, February 9, 2003. (back) 152. See supra note 75. (back) 153. See supra note 5 at 88 and supra notes 145-48 and accompanying texts. (back) 154. See supra note 4 at 75, 131 and supra note 26; Jonathan Watts, "Sanctions would be an act of war, Pyongyang says," The Guardian, January 8, 2003. (back) 155. See supra note 5 at 87-88. (back) 156. Chapter VII, Article 39 of the U.N. charter in INTERNATIONAL LAW: SELECTED DOCUMENTS 11 (Barry E. Charter and Phillip R. Trimble eds). (back) 157. Id. at 11-12. (back) 158. Id. at 10. The article states that any parties in a dispute that might endanger international peace and security "shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." Id. (back) 159. Richard Falk, "A dangerous game," The Nation, October 7, 2002; Richard A. Falk, The United Nations and the Rule of Law, 4 Transnat'l L. & Contemp. Probs. 611, 634 (1994). (back) 160. Louis Henkin, Conceptualizing Violence: Present and Future Developments in International Law, 60 Alb. L. Rev. 571, 575 (1997). (back) 161. Chapter I, Article 2.1 of the UN charter in INTERNATIONAL LAW: SELECTED DOCUMENTS 3 (Barry E. Charter and Phillip R. Trimble eds) (back) 162. Leland M. Goodrich and Edvard Hambro, CHARTER OF THE UNITED NATIONS: COMMENTARY AND DOCUMENTS 65 (Boston: World Peace Foundation, 1946). (back) 163. Id. (back) 164. "Nuclear watchdog refers N Korea to security council," The Guardian, February 12, 2003; John Gittings, "IAEA condemns North Korea for reviving reactor." The Guardian, February 28, 2003. (back) 165. Jonathan Watts, "Sanctions would be an act of war, Pyongyang says," The Guardian, January 8, 2003. (back) 166. "Nuclear watchdog refers N Korea to security council," The Guardian, February 12, 2003. (back) 167. See supra note 5 at 88 and supra note 45. (back) 168. See supra note 3. (back) 169. See supra note 11. (back) 170. See supra note 162. (back) 171. See supra note 160 and accompanying text. (back) 172. See supra note 166. (back) 173. See supra note 4 at 75, 131 and supra note 25. (back) 174. Id. (back) 175. See supra note 151. (back) 176. See supra note 55. (back) 177. See supra note 161. (back) 178. See supra note 5 at 87. See also Seymor Hersh, THE SAMPSON OPTION: ISRAEL'S NUCLEAR ARSENAL AND AMERICAN FOREIGN POLICY (New York: Random House, 1991); Israel Shahak, OPEN SECRETS: ISRAEL NUCLEAR AND FOREIGN POLICY (Chicago: Pluto Press, 1997). (back) 179. Id. (back) 180. Id. (back) 181. Id. at 88. (back) 182. Id. (back) 183. Id. (back) 184. See generally Anthony Clark & Robert J. Beck, INTERNATIONAL LAW AND THE USE OF FORCE: BEYOND THE U.N. PARADIGM (New York: Routledge, 1993); A. Mark Weisburnd, USE OF FORCE: THE PRACTICE OF STATES SINCE WORLD WAR II (University Park, PA: Pennsylvania State University Press, 1997). (back) 185. Id. (back) 186. See supra note 67 at 60. (back) 187. Id. (back) 188. Id. (back) 189. See supra note 15 at 150. (back) 190. See supra notes 37 and 138. (back) 191. Ewen MacAskill, Chris McGreal and Nick PatonWalsh, "As eyes of the world focus on Iraq, the rest of the world's hot spots get hotter," The Guardian, March 27, 2003. (back) 192. See supra note 3. (back) 193. See supra note 138 at 8. (back) 194. See supra note 5 at 86. (back) 195. Id. at 88-89. (back) 196. See supra note 61 at 14. (back) 197. Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. U.S.), 1986 I.C.J. 14 (June 27). In the Nicaragua case, the ICJ had rejected the US arguments of collective self-defense to help El-Salvador as they had not been invited to do so and the matter had not been reported to the Security Council. The court rejected an expansionist definition of the concept put forth by the U.S. Id. at paras. 194-198, 233. (back) Back to the beginning of the essay, North Korea And International Law, by Nikhil Shah · · · · · ·
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