Archive for ‘Asia’

March 31, 2013

The UN, War, and the Korean Peninsula, or, We Have No Idea What’s Going On

It’s that time of year again, that time when the thoughts of many in D.C. turn to “Is today the day we’re going to war with the Democratic People’s Republic of Korea?” D.C. is a weird place. In any case, the question is out there, and whether you agree with the analysis that we should be more worried this time than the many, many other instances of sabre-rattling from North Korea, it’s worth investigating a few less considered questions about any possible U.S. response to the DPRK.

Among those questions that I can honestly say is probably the least considered is “What about the United Nations?” Specifically “What about the U.N.’s original authorization for force against Korea?” Much like DC is a weird place, I am a weird person. But as the rhetoric has increased over the last few weeks, I’ve found myself considering just what role the U.N. would be in the event of renewed hostilities on the Korean Peninsula. I’m not just talking about the normal round of sanctions or diplomatic statements from the U.N. Security Council, but what role they should play in authorizing the use of force in the event of war.

We all know that the there’s no real peace between the Republic of Korea and the DPRK, whether Kim Jong-Un says there’s a “state of war” between the two countries or not. And despite the multiple attempts of Pyongyang to call the whole thing off, the cease-fire between the two is still in place according to the United Nations. And the simple fact is that should North Korea attack the South, Seoul has the right to self-defense under Article 51 of the U.N. Charter, whether the Council takes action or not.

But that right only goes as far as repulsion, defending against an attack, not necessarily an all-out offensive against the North or a preventative strike. So that led me to wonder just what authorities remain in place from the last time the two countries slugged it out: the Korean War. The fight against North Korea following its 1950 invasion of the South was — in name at least — fought under the banner of the United Nations.

So to begin with, let’s examine the resolutions the Security Council passed to authorize the use of force in Korea in the first place. Resolution 83, passed in the aftermath of a prior demand that North Korea cease hostilities being totally ignored, authorized the members of the U.N. to take action against the North. Sort of:

Recommends that the Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the area.

That was quickly followed up with Resolution 84, that put the United States in charge of the U.N. operations in Korea and gave the commander the permission to do so in the name of the United Nations:

3. Recommends that all Members providing military forces and other assistance pursuant to the aforesaid Security Council resolutions make such forces and other assistance available to a unified command under the United States of America;

4. Requests the United States to designate the commander of such forces;

5. Authorizes the unified command at its discretion to use the United Nations flag in the course of operations against North Korean forces concurrently with the flags of the various nations participating;

Note that word there again — “recommends.” The Security Council was still less than a decade old at this time, and the language used in resolutions still had not been codified as it is today. These days, it’s accepted that use of the phrase “demands” or “commands” or other, stronger words is necessary to make the policies put forward from the Council totally binding. The early Security Council also wasn’t big on detail, preferring to pass short, broad resolutions, rather than the dense documents we see today.

Also, the fact is that the only reason the Council was able to take action against North Korea in the first place was the worst timed boycott in history; the Soviet Union was sitting out the debate and totally regret the decision. In any case, the original resolutions passed the Council, but with the return of the USSR, Moscow’s veto prevented much other action.

So they moved to the General Assembly. Yes, the Korean War prompted the conception of the “Uniting for Peace” resolution, wherein the General Assembly could bypass the Security Council in the event of a deadlock. I’ve written a good amount about why that was a bit shaky to begin with, so just go read that, but the G.A. then took command of U.N. policy towards Korea.

All of this is to say that the legal framework originally set up for the United Nations Command is on somewhat weak standing to begin with. The United Nations Command (UNC), by the by, is the formal name for group that took enforcement action against Pyongyang and soon Beijing. There was no such thing as the Department of Peacekeeping Operations, no power to the Secretary-General to really shape how this worked. Everything was run first through the UNSC, then the General Assembly. Again, sort of — the United States held all command authority, and the U.N. took part in name only, having no effect on strategy or tactics in the field aside from naming China a belligerent in late 1950.

For better or for worse, the UNC carried out its mission over the next several years, under the United States’ leadership. All of the deaths and years of fighting ultimately culminated in the Armistice Agreement, signed between — technically — the United Nations Command and North Korea. That Agreement gave a role to the UNC in administering the cease-fire, and set up the Demilitarized Zone as well as other, lesser known legal entities. Among those entities are the Military Armistice Commission (MAC), nestled under the UNC, and the Neutral Nations Supervisory Commission (NNSC).

While regular meetings of the two sides’ MAC members have halted in favor of meetings between duty officers in Panmunjom, the NNSC is still gong strong. The NNSC was originally to be composed of forces from nations who did not take part in the fighting watching over the DMZ, with the UNC-side nominating two countries and the DPRK nominating the other. The UNC choices of Sweden and Switzerland are still in place, while the Czech Republic and Hungary were forced out after the dissolution of the Eastern Bloc. The Washington Post’s Max Fisher recently suggested that a factory shared between the North and South is the place to watch for any sign of coming war; for my money, I say watch to see if the Swiss and Swedes are ever forced to leave as the true sign that the worst is coming.

In any case, the vast majority of the forces donated by U.N. Member States to the operation left after 1953, and operational duties of the U.S. and South Korean forces now falls under the Combined Forces Command (CFC). Established in 1978, this bilateral organization was designed to take the place of the UNC in commanding those that oppose the DPRK. Again, sort of — you’re beginning to see why this whole thing is ridiculously hard to untangle. Because as it turns out the UNC is still alive and kicking, so much so that it has a Commander — General James D. Thurman — who is also the head of the CFC.

That’s because, as it turns out, the authority of the United Nations Command was never switched off. No sunset clause was placed in the original resolutions, nor has the Security Council passed anything closing that authority like we’ve seen recently in the case of Libya. In fact, the latest action the U.N. took on the UNC was all the way back 1975. Even then, it was only two contradictory General Assembly resolutions, one “hoping” that the United Nations Command eventually be dissolved, the other “considering it necessary” that the UNC be dissolved. Neither was binding, neither followed through on.

The DPRK has as recently as this year said the United Nations Command should be dissolved. The U.S. at one point agreed, telling the Security Council in 1975 that the UNC would be dissolved in early 1976, as “the U.N. flag no longer flies only over most military installations” in Korea, only those places that help administer the armistice. Washington clearly changed its mind though at some point, because in 1994 then-Secretary-General Boutrous Boutrous-Ghali told North Korea in response to Pyongyang’s request that the UN be terminated that only the U.S. — and not any U.N. organ — has “the authority to decide on the continued existence or the dissolution of the United Nations Command.” And here it remains.

And all of that only takes into account the United Nations direct authority, not factoring in things like whether the U.S.-RoK mutual defense treaty trumps any need for a new resolution from the Security Council. So in the end, we return to the question “Does the United Nations approval for the use of force against Korea still stand?” The answer to that question was best given by The Simpsons‘ Rev. Lovejoy: “Short answer, ‘Yes, with an if’; long answer ‘No, with a but.'”

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September 14, 2012

In a Crazy Week, Whither the Security Council?

After a relatively staid August, the last week has been absolutely exhausting in the amount of foreign policy news that has broken. Not a single day has gone by without some major turn of event happening, in literally every corner of the globe. Peace has been breached in several instances and death counts reported in several of the crises that have sprung up.

Throughout all of this, what has the United Nations Security Council been doing? The Council is, after all, supposed to be the arbiter of the use of force and the protector of international peace and security. So why, in a week of such turmoil, has the Council’s formal agenda for the week’s meetings been so sparse?

The answer is in part that because of the nature of the conflicts at hand the Security Council has no space in which to be an effective, or necessary, player. In other instances, the Council has been seemingly absent, but only because it has literally done all it can short of authorizing force in many of the situations where it has played a role. I’ll run through several of this week’s flare-ups and clarify just why the U.N. has, or hasn’t, taken the actions that it has.

Somalia

On Monday, Somalia finally managed to lurch out of its transitional phase, with the selection of Hassan Sheikh as President by the newly seated Parliament. The very next day, the al-Shabaab militant group labeled the vote as fraudulent and a “ploy by the West”. Two days into his term in office, President Sheikh was the target of an assassination attempt:

Two of the suicide bombers struck, one near the gate and one at the back of the Jazeera Hotel near the airport as the president was giving a briefing for the news media with the visiting Kenyan foreign minister, Samson K. Ongeri.

Another attacker was shot as he tried to scale the walls of the compound, according to a statement from the African Union peacekeeping mission in Somalia.

The attack did not interrupt the news conference and the president continued his speech. “This is the Mogadishu we are trying to change,” he said.

Of the many crises that have sprung up in the past few days, none are closer to the Council than Somalia. Indeed, the Security Council has, to put it mildly, been intimately involved with the effort to restore Somalia following its collapse in 1992. The Transitional Federal Government (TFG) that Mr. Sheikh’s government is replacing had the strong backing of the United Nations writ large.

The Security Council also approved the African Union Mission in Somalia (AMISOM) to operate under Chapter VIII of the U.N. Charter.  In doing so, the Council empowered the African Union to utilize the Council’s Chapter VII use of force provisions in its mission to protect civilians and push back against militants, including those that targeted President Sheik on Wednesday. AMISOM is partially funded and equipped by the United Nations as well.

The mandate of AMISOM was just renewed in February of this year and revised to up the total allowed force to include the forces Kenya sent across the border in October 2011. The election of President Sheikh and the attempt on his life, while both major events in Somalia’s recovery or lack thereof, do little to affect the mission of AMISOM in any way that would require swift Council action. Instead, AMISOM seems to be continuing to protect Mogadishu and its attempts to finally take the port town of Kismayo.

Surprisingly, however, the Security Council has yet to put out a statement, either of the Press or Presidential variety, congratulating Mr. Sheikh nor condemning the attempt on his life. The silence on the matter could be one of tactical silence, due to the overwhelming role that the Council had in supporting the TFG and a desire to not unduly influence the new government. What’s unfortunately more likely, however, is that the passage of such a Statement was deemed a lower priority by the Members of the Council’s missions in the lead-up to the General Assembly. In either case, some word from the Security Council would do away with any notion that Somalia is slipping back into the recesses of the international community’s mind.

Libya/Egypt/Yemen/Sudan

The largest news in the United States this week on the foreign policy front has been the attacks on U.S. Embassies and Consulates in various countries throughout the Middle East and North Africa. These attacks have ranged in size, scale and motive, but have taken the lives of four Americans, including the Ambassador to Libya Chris Stevens. And as of Friday morning, the German and British Embassies have been targeted as well.

The fact of the matter is that these attacks, while particularly heinous, are not the sort of issues that the Security Council deals with directly. Indeed, the question of embassy protection is mostly bilateral in nature and of greater importance to the states in question than the overall maintenance of peace and security. While the attacks, even those in Egypt where no lives were lost, are clear breaches of the Vienna Convention of 1961 and the Vienna Convention on Consular Relations of 1963, the Council is in no position to act as an enforcer of those provisions. Indeed, any attempt to do more than issue the condemnatory statements against the attacks that it has would be imprudent, save at the unlikely request of one of the countries whose embassies have been sacked.

Anything more the Council can do, it already has. As an example, the U.N. Support Mission in Libya (UNSMIL) was developed in the aftermath of the fall of the Qaddafi regime to provide assistance to the new government in establishing its control of its territory. The Security Council received a briefing by Under Secretary-General for Political Affairs Jeffery Feltman on Wednesday, as he was previously scheduled to introduce the most recent UNSMIL report to the members:

“This horrific and tragic attack, together with a spate of assassinations of security personnel in Benghazi, a series of explosive devices in Tripoli, and attacks on Sufi shrines, further emphasizes the security challenge facing the authorities in Libya,” [said Feltman].

In the report itself, the mission highlighted a lack of central control by Tripoli over the many militias still active within Libya and difficulties in bringing the police force up to speed. Also, with the revocation of Resolution 1973’s authorization for countries to use force in Libya for “civilian protection”, any new authorization will have to get through a new vote on the Council, the likelihood of which is somewhere between slim and nil.

Likewise, in Yemen, the Security Council passed Resolutions 2014 and 2051 in 2011 and 2012 respectively to push a political transition in Yemen that would facilitate a changeover from former President Saleh’s regime. Outside of the Council, the Secretary-General appointed as his Special Representative for Yemen Jamal Benomar. SRSG Benomar was due to have been in Sana’a on Wednesday; it’s unknown if he was still in the capital during the protests at the U.S. Embassy, but it will be interesting to hear his next briefing. In any case, there is no useful role the Council could have taken in this incident.

As for Egypt and Sudan, in the former the United Nations has thus far, wisely, kept a hands-off role with the situation that has been developing internally there. The Embassy breach there is a matter for the United States and Egypt solely to work out, a process that is already under way after fits and starts. In the latter, the U.N. Security Council has enough to worry about in its handling of Khartoum to put forward anything more than a strong condemnation, considering it still requires Sudan’s by your leave to operate two peacekeeping missions in the area, one in Darfur, the other in the disputed territory of Abyei.

East/South China Sea 

Last night, going by U.S. time, China dispatched a small fleet of patrol boats near the set of islands in the middle of a dispute between themselves and several other states to provide “law enforcement”. The islands, known as the Diaoyu in China and the Senkaku in Japan, are little more than clusters of uninhabitable rock in some places, but may hold valuable natural resources off their coast lines. More importantly, the ownership of the islands also helps determine the coastal waters of each country.

Sending out their patrol boats was meant to be a message of warning to Japan over its Tuesday announcement that it will purchase several of the islands from who Japan recognizes as their private owner. The Global Times issued an editorial stressing the need for Chinese unity to prevail throughout its development, noting that “China has no choice but to respond to Japan’s outrageous provocation. This is a vital step for China to consolidate its claims of sovereignty in the East and South China Seas.”

Maritime issues over tiny islands extend beyond Japan and China, with further claims laid by Viet Nam, Taiwan, Malaysia, Brunei and the Philippines to ownership of various portions of island chains throughout the East and South China Seas. Separately from the Chinese and Japanese clash, the Philippines declared this week at the waters near the islands they lay claim to were not within the South China Sea, but rather the “West Philippine Sea”. China was less than impressed. No matter the name of the sea the islands are located in, China’s moving ships into the area to enforce Chinese law raises the ante on the need for a settlement.

As I have noted previously, Asia is, and will continue to be, something of blind spot for the Security Council. These maritime disputes fall squarely within China’s sphere of influence, an area that China has been loathe to bring to international bodies for arbitration. Already, China has been extremely uncomfortable in allowing the South China Sea dispute to be discussed at the Association for South East Asian Nations (ASEAN). The United States has been making a concerted push for negotiations on the final status of the islands to be made with ASEAN acting in unison, a move that China views warily at best, an attempt to unite the community against it at worst. Instead, China laboriously insists on concluding settlement over each of the claims bilaterally, where it will have more influence over the final outcome.

The fact is that China would prefer to keep it’s maritime boundaries negotiations as far away from the Security Council as possible. For the Security Council to discuss them would be an admission that actions were being taken that were a potential breach in international peace and security, a charge which could be levied at China itself. Even were the issue to come under debate, which is still possible as there is no way for the PRC to unilaterally block procedural motions such as placing items on the agenda, any resolution that China would find unfavorable to its interests would simply be vetoed.

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In summation, despite the hectic view of recent events from the United States, the U.N. Security Council has not been overly negligent in carrying out assigned duties. Instead, in areas where it has space to act, it has done so, or continued to proceed with decisions that had been previously made on the various hot spots. In some areas, however, it is constrained by its very make-up, an issue that could become a much larger problem as Asia becomes more of a breeding ground for state-to-state conflict.

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September 11, 2012

The DPRK’s Victim Complex Strikes Again

I’m in the middle of writing what has turned into far too long a piece on the feasibility of a UN Rapid Response Force and needed something to distract me from how much more I have to finish writing. So I, of course, began browsing through the recently released documents of the United Nations that arrive in my inbox every afternoon. In today’s batch, I came across something that is on its face preposterous, in examination troubling.

The document in question is a memorandum of the North Korean Ministry of Foreign Affairs, sent from the Mission to the President of the Security Council on August 30th. The memo, titled “Democratic People’s Republic of Korea terms hostile United States policy main obstacle in resolving nuclear issue” is a wonderland of paranoia and revisionism, intended to frame the lack of resolution on North Korea’s nuclear weapons arsenal as being solely the fault of the U.S.

The entire ten-page memo is worth a read, if for no other reason than to get a good English-language look into the psyche of the North Korean government or at least the face it is putting forward. Also, it does actually provide a good background primer into the myriad of sanctions that the United States has levied upon the DPRK throughout its history. While the protestations against said sanctions ring hollow, the actual timeline and existence of them are factual.

Beyond that, the piece is immensely quotable. Indeed, if it weren’t for the fact that there were actual nuclear weapons in the hands of this regime, the whole thing would be ten times funnier. But here are some of the choicest quotes from the letter, pulled out for your enjoyment, with any emphasis my own:

“The Democratic People’s Republic of Korea, considering the concerns of the United States, agreed to a moratorium on nuclear tests, long-range missile launches and uranium enrichment activity while productive dialogues continue.
However, when the Democratic People’s Republic of Korea launched “Kwangmyongsong 3”, an artificial satellite for peaceful purposes, on 13 April last, the United States took issue with it, arguing that the space launch was based on the same technology as the long-range missile launch, and went ahead with unilaterally abrogating the 29 February agreement, upgrading sanctions on the Democratic People’s Republic of Korea.
It is true that both satellite carrier rockets and missiles with warheads use similar technology. However…”

“The remaining three quarters of the sanctions — sanctions under the pretext of “threat to the security of the United States”, “proliferation of weapons of mass destruction”, “sponsor of terrorism”, “human rights”, “religious freedom”, “moneylaundering”, “missile development”, “human trafficking”, etc., many of which are based on absurd allegations — are applied at the discretion of the United States President or relevant departments of the United States administration.”

“Our nuclear deterrent for self-defence is a treasured sword that prevents war and ensures peace and stability on the Korean peninsula.”

Ridiculous as many of the statements may be, their bluster does seem to cast a shadow on the chances that the DPRK will be rejoining talks anytime soon on dismantling their nuclear arsenal. At the core of their argument, the North Koreans have what is almost a legitimate point, rationalizing their development of nuclear weapons as a deterrence against the United States. It’s true that the regime’s survival is threatened the Americans, though for different reasons than those given. Where they truly fail to gain sympathy, however, is in dismissing the legitimate concerns of the international community, expressed multiple times by the entirety of the Security Council, as “absurd allegations”.

For now, North Korea seems relatively content to wait out this current round of radio silence, as it has in the past, until it is unable to avoid negotiations any longer. In the meantime, Kim Jong-Un will tour revamped gymnasiums while a new food shortage looms, hacks will write outlandish travelogues, and the DPRK will continue to ask the world why it can’t see that they’re the true victims here.