ID :
47987
Fri, 02/27/2009 - 19:19
Auther :
Shortlink :
https://www.oananews.org//node/47987
The shortlink copeid
Satellite Launch Also Violation of International Law
Rodong Sinmun, the official newspaper of North Korea's Workers' Party, said on Feb. 7 that North Korea is entitled to "advance into space any time and use it for peaceful purposes." The editorial, titled "DPRK (North Korea) entitled to use space for peaceful purposes," noted Iran's recently successful launch of its
first domestically made satellite, "Omid" (Hope), carrying a Safir-2 rocket.
"Iran's recent satellite launch has not only demonstrated her national power but
shown before the world that there can be no longer any monopoly of space
development and its use."
In a separate statement on Feb. 24, North Korea said it is preparing to launch a
satellite from a launchpad on its northeastern coast, reiterating the state's
claims after weeks of intelligence reports suggesting Pyongyang may test-fire a
long-range missile. "Outer space is an asset common to mankind and its use for
peaceful purposes has become a global trend," a spokesman for the North's Korean
Committee of Space Technology said.
The North's announcements can be interpreted as justification for the country's
recent activities involving a possible long-range missile launch from Musudan-ri,
Hwadae County, North Hamgyong Province. However, if North Korea proceeds with the
launch of either a missile or a satellite, it would violate not only the
teachings of its founder, Kim Il-sung, as well as inter-Korean agreements, but
also its own domestic and international law.
In numerous writings by Kim, the father of current leader Kim Jong-il, the "Great
Leader" argues that the threat of nuclear war will exist as long as there are
nuclear weapons in this world. His work, which outweighs the nation's
constitution in its significance, states that the production, testing, and
proliferation of nuclear weapons should be banned so as to reduce their number
and eventually free the world from the threat of nuclear war.
Even the state's own Environmental Protection Law, first proposed in 1986 and
amended in 2004, explicitly prohibits the pursuit of nuclear weapons. Article 7
of the law bans the development, testing, and use of nuclear and chemical weapons
and condemns any environmental damage that could arise from their use. Upon its
passage, Kim Il-sung declared the law ???legally affirms the achievements we have
already made in protecting our environment. It will create a more splendid
natural environment for our people to live autonomous and creative lives, and
give our future generations a legal guarantee of inheriting an even more
beautiful fatherland."
Any launch by North Korea would also violate the Joint Declaration on the
Denuclearization of the Korean Peninsula, signed by both the North and the South
on Feb. 19, 1992, in which the two sides agreed not to test, produce, possess,
store, proliferate, or use nuclear weapons (Article 1), and to use nuclear energy
only for peaceful purposes (Article 2). In the North-South Basic Agreement,
signed in Dec. 1991, the two countries consented to settle disagreements and
disputes through peaceful negotiation rather than military confrontation
(Articles 9 & 10). Rejecting South Korea's requests for dialogue and threatening
military conflict are clear violations of both inter-Korean agreements.
North Korea announced on Jan. 30 through its Committee for the Peaceful
Reunification of the Fatherland that it would nullify all inter-Korean
agreements. Nevertheless, an agreement made between two countries cannot be
unilaterally scrapped. The 1969 Vienna Convention on the Law of Treaties makes
clear that states must follow a specific set of guidelines in order to nullify a
treaty. Although North Korea has not technically signed onto this convention,
this agreement is one that has been codified as common law in the international
community. Even if the North-South Basic Agreement and Joint Declaration on the
Denuclearization of the Korean Peninsula are not specifically "treaties" by
definition, it is still problematic for North Korea to unilaterally void them.
Finally, North Korea's planned launch would also infringe on international law.
The UN Charter requires that all member states "settle their international
disputes by peaceful means in such a manner that international peace and
security, and justice, are not endangered" (Article 2, Clause 3). North Korea's
launch preparations would breach the UN Charter, as it creates tension not only
on the Korean peninsula but also throughout the East Asia region.
Furthermore, North Korea was sworn in as a member of the UN on Sept. 17, 1991 at
the same time as South Korea. On Dec. 13, 1963, the UN Assembly passed the
Declaration of Legal Principles Governing the Activities of States in the
Exploration and Use of Outer Space (henceforth, "Space Declaration"). This
resolution declares a comprehensive set of legal principles to govern activities
in outer space. As the Rodong Sinmun article argues, the Space Declaration states
that "outer space and celestial bodies are not subject to national appropriation
by claim of sovereignty, by means of use or occupation, or by any other means"
(Article 3).
However, the editorial neglects to mention any of the other articles in the
declaration, which state that the use of outer space should be "carried on for
the benefit and in the interests of all mankind" (Article 1) and "on a basis of
equality and in accordance with international law" (Article 2), particularly with
the Charter of the United Nations (Article 4). The declaration also details that
"States shall be guided by the principle of co-operation and mutual assistance
and shall conduct all their activities in outer space with due regard for the
corresponding interests of other States." Although North Korea claims that its
launch is for peaceful purposes, insofar as these movements serve only the
national interest of North Korea alone, threaten international peace and
security, and don't take into consideration the interests of any other countries
in East Asia, including South Korea, they are violations of the Space
Declaration.
North Korea needs to abide by Kim Il-sung's teachings and their domestic
Environmental Protection Law by immediately dismantling its nuclear weapons
program. Pyongyang must also fall in line with the North-South Basic Agreement
and Oct. 4 Joint Declaration by accepting South Korea's requests for dialogue to
settle disputes through peaceful negotiation. Only when these actions are taken
can North Korea be considered a responsible member of the UN and one that abides
by the assembly's Space Declaration.
(END)
first domestically made satellite, "Omid" (Hope), carrying a Safir-2 rocket.
"Iran's recent satellite launch has not only demonstrated her national power but
shown before the world that there can be no longer any monopoly of space
development and its use."
In a separate statement on Feb. 24, North Korea said it is preparing to launch a
satellite from a launchpad on its northeastern coast, reiterating the state's
claims after weeks of intelligence reports suggesting Pyongyang may test-fire a
long-range missile. "Outer space is an asset common to mankind and its use for
peaceful purposes has become a global trend," a spokesman for the North's Korean
Committee of Space Technology said.
The North's announcements can be interpreted as justification for the country's
recent activities involving a possible long-range missile launch from Musudan-ri,
Hwadae County, North Hamgyong Province. However, if North Korea proceeds with the
launch of either a missile or a satellite, it would violate not only the
teachings of its founder, Kim Il-sung, as well as inter-Korean agreements, but
also its own domestic and international law.
In numerous writings by Kim, the father of current leader Kim Jong-il, the "Great
Leader" argues that the threat of nuclear war will exist as long as there are
nuclear weapons in this world. His work, which outweighs the nation's
constitution in its significance, states that the production, testing, and
proliferation of nuclear weapons should be banned so as to reduce their number
and eventually free the world from the threat of nuclear war.
Even the state's own Environmental Protection Law, first proposed in 1986 and
amended in 2004, explicitly prohibits the pursuit of nuclear weapons. Article 7
of the law bans the development, testing, and use of nuclear and chemical weapons
and condemns any environmental damage that could arise from their use. Upon its
passage, Kim Il-sung declared the law ???legally affirms the achievements we have
already made in protecting our environment. It will create a more splendid
natural environment for our people to live autonomous and creative lives, and
give our future generations a legal guarantee of inheriting an even more
beautiful fatherland."
Any launch by North Korea would also violate the Joint Declaration on the
Denuclearization of the Korean Peninsula, signed by both the North and the South
on Feb. 19, 1992, in which the two sides agreed not to test, produce, possess,
store, proliferate, or use nuclear weapons (Article 1), and to use nuclear energy
only for peaceful purposes (Article 2). In the North-South Basic Agreement,
signed in Dec. 1991, the two countries consented to settle disagreements and
disputes through peaceful negotiation rather than military confrontation
(Articles 9 & 10). Rejecting South Korea's requests for dialogue and threatening
military conflict are clear violations of both inter-Korean agreements.
North Korea announced on Jan. 30 through its Committee for the Peaceful
Reunification of the Fatherland that it would nullify all inter-Korean
agreements. Nevertheless, an agreement made between two countries cannot be
unilaterally scrapped. The 1969 Vienna Convention on the Law of Treaties makes
clear that states must follow a specific set of guidelines in order to nullify a
treaty. Although North Korea has not technically signed onto this convention,
this agreement is one that has been codified as common law in the international
community. Even if the North-South Basic Agreement and Joint Declaration on the
Denuclearization of the Korean Peninsula are not specifically "treaties" by
definition, it is still problematic for North Korea to unilaterally void them.
Finally, North Korea's planned launch would also infringe on international law.
The UN Charter requires that all member states "settle their international
disputes by peaceful means in such a manner that international peace and
security, and justice, are not endangered" (Article 2, Clause 3). North Korea's
launch preparations would breach the UN Charter, as it creates tension not only
on the Korean peninsula but also throughout the East Asia region.
Furthermore, North Korea was sworn in as a member of the UN on Sept. 17, 1991 at
the same time as South Korea. On Dec. 13, 1963, the UN Assembly passed the
Declaration of Legal Principles Governing the Activities of States in the
Exploration and Use of Outer Space (henceforth, "Space Declaration"). This
resolution declares a comprehensive set of legal principles to govern activities
in outer space. As the Rodong Sinmun article argues, the Space Declaration states
that "outer space and celestial bodies are not subject to national appropriation
by claim of sovereignty, by means of use or occupation, or by any other means"
(Article 3).
However, the editorial neglects to mention any of the other articles in the
declaration, which state that the use of outer space should be "carried on for
the benefit and in the interests of all mankind" (Article 1) and "on a basis of
equality and in accordance with international law" (Article 2), particularly with
the Charter of the United Nations (Article 4). The declaration also details that
"States shall be guided by the principle of co-operation and mutual assistance
and shall conduct all their activities in outer space with due regard for the
corresponding interests of other States." Although North Korea claims that its
launch is for peaceful purposes, insofar as these movements serve only the
national interest of North Korea alone, threaten international peace and
security, and don't take into consideration the interests of any other countries
in East Asia, including South Korea, they are violations of the Space
Declaration.
North Korea needs to abide by Kim Il-sung's teachings and their domestic
Environmental Protection Law by immediately dismantling its nuclear weapons
program. Pyongyang must also fall in line with the North-South Basic Agreement
and Oct. 4 Joint Declaration by accepting South Korea's requests for dialogue to
settle disputes through peaceful negotiation. Only when these actions are taken
can North Korea be considered a responsible member of the UN and one that abides
by the assembly's Space Declaration.
(END)
