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Peace and Security on the Korean Peninsula

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Peace and Security on the Korean Peninsula Security Council Topic B: Peace and Security on the Korean Peninsula “Making peace is harder than making war.”1 -Adlai E. Stevenson The creation of two separate States in the late 1940’s, the Democratic People’s Republic of Korea (DPRK) and the Republic of Korea (ROK), continues to be the root cause of much of the tension on the Korean Peninsula. Since that moment and the conflict that followed, the international community seeks to stabilize the peninsula and discourage acts of aggression by both sides. However, there are still recurring instances of direct physical confrontation, continuous aggressive posturing, and, a new series of cyber-attacks. In spite of both sides having a stated goal of peace and international efforts to mediate, such tensions continue to escalate, destabilizing not only the Korean Peninsula, but the broader region as a whole. Background: Establishment of Two Koreas The Korean Peninsula continues to be divided into two separate states following WWII and the end of Japanese occupation, with a continuing presence of the United States in South Korea. Unable to agree on unification, the two halves established separate countries; the north being backed and heavily influenced by the Soviet Union and the south by the United States. In 1950, the DPRK attempted to unify the peninsula by invading the ROK and starting the Korean War, also known as the Fatherland Liberation War. The Security Council immediately adopted S/RES/82 in response, which called for the DPRK to withdraw and cease their invasion of the ROK.2 The United States came to the aid of the ROK, and the war would continue for three years, with neither side claiming victory. The conflict effectively ended with the signing of the Korean Armistice Agreement, which meant to ensure “a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved,” although there has been no agreement to a final peaceful settlement.3 Following the Korean War, the demilitarized zone (DMZ) stands between the DPRK and ROK, which is now one of the most heavily guarded borders in the world.4 Parallel to the zone on both sides are areas of heavy fortification and arms, which are used in frequent skirmishes at the 1 Brainyquote. “Adlai E. Stenson Quotes”. Available at: http://www.brainyquote.com/quotes/quotes/a/adlaieste176399.html 2 United Nations Security Council. S/RES/82(1950). Available at: http://undocs.org/S/RES/82(1950) . 3 Ibid. 4 The History Channel. “The Demilitarized Zone”. Available at: http://www.history.com/topics/demilitarized-zone . 1 border. In October of 1966 what is now known as the Korean DMZ Conflict began as both sides encroached on the DMZ, and while it was a relatively minor conflict, it lasted for three years during which time tensions were very high.5 While this type of aggression occurs far less since the conflict, but both sides have sought to secure themselves from the other by amassing arms, which are sometimes used for demonstrative and intimidation purposes. Nuclearization of the Korean Peninsula In 1993 the DPRK notified the Security Council of its intention to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). The NPT requires non-nuclear weapon States to discontinue and not to attempt to procure nuclear arms.6 It charges the International Atomic Energy Agency (IAEA) with inspecting nuclear facilities.7 The IAEA has the ability to develop safeguards and issue resolutions to ensure compliance with the treaty. The treaty further establishes parameters on the exchange of research and nuclear materials limiting its use to peaceful purposes as well as methods of acceding from it.8 When the DPRK notified the Security Council of its intent to withdraw, it cites Article 10 of the NPT as its reason for withdrawing.9 Article 10 states, “Each party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country.”10 The DPRK states that it has the right to obtain nuclear technology in order to protect itself and provide itself with energy.11 Just short of the three months, the DPRK announced its intention to stay within the NPT framework. Nearly a decade later, in December 2002, the DPRK ordered all International Atomic Energy Agency (IAEA) inspectors out of the country stating that its nuclear capability was not subject to any international agreements.12 The DPRK then declared that it would withdraw from the NPT, effective almost immediately, as they were including the time that passed in their previous announcement of withdrawal as part of the three-month requirement. 5 Lavelle, Moira. “A brief history of border conflict between North and South Korea”. Available at: http://www.pri.org/stories/2015-08-20/brief-history-border-conflict-between-north-and-south-korea . 6 United Nations General Assembly. Treaty on Non-Proliferation of Nuclear Weapons. Available at: http://disarmament.un.org/treaties/t/npt/text . 7 Id. 8 Arms Control Association. “The Nuclear Nonproliferation Treaty (NPT) at a Glance”. Available at: https://www.armscontrol.org/factsheets/nptfact . 9 Id. 10 U.S. Delegation to the 2010 Nuclear Nonproliferation Treaty Review Conference. “Treaty on the Non- Proliferation of Nuclear Weapons.” http://www.state.gov/documents/organization/141503.pdf 11 Bunn, George, Rhinelander, John B. “NPT Withdrawal: Time for the Security Council to Step In”. Available at: https://www.armscontrol.org/act/2005_05/Bunn_Rhinelander . 12 Nuclear Threat Initiative. “North Korea Proclaims Right to Nuclear Weapons”. Available at: http://www.nti.org/gsn/article/north-korea-not-seen-altering-nuclear-weapon-posture/ . 2 In response to the threat to peace and security posed by nuclearization of the Korean Peninsula, China, Japan, the DPRK, Russia, the Republic of Korea, and the United States formed the Six Party Talks (SPT) in August of 2003. These groundbreaking multilateral discussions sought out a means to dismantle the DPRK’s nuclear program and establish a path for peace. During the fourth round of the SPT in 2005, a set of six principles existed as a means to successfully disarm the DPRK. Known as the Joint Statements, these principles state that the DPRK will return to the NPT and restore compliance with IAEA regulations with the caveat that all parties to the talks agree to normalize relations. Despite this apparent progress, the DPRK is still under massive international scrutiny for its nuclear program with little to no action to dismantle its ongoing operations. In 2006, the Security Council adopted S/RES/1718 in response to nuclear testing undertaken by the DPRK in that same year.13 The resolution addresses nuclear proliferation on the peninsula by extending sanctions and creating a committee to specifically monitor and adjust the application of sanctions as necessary. Three years later in 2009, the Security Council passed S/RES/1874, which further extended previous sanctions and established a panel of experts that continues to aide the committee while monitoring the implementation of current sanctions.14 When the Security Council issued a Presidential Statement in 2009 condemning an attempted DPRK satellite launch, the DPRK responded by announcing that it was withdrawing from the NPT and would restore its nuclear program. In the time since, the DPRK conducts multiple nuclear and missile tests. Other resolutions that are enforced by the international community to de-escalate the situation on the peninsula are S/RES/2087 (satellite launch condemnation), S/RES/2094 (condemned third nuclear test), and S/RES/2270, (condemned fourth nuclear test). Current Situation: Rising Tensions The Korean Peninsula continues to experience rising tensions and a buildup of arms. In the last few years, incidents of direct conflict appear to be on the rise and both the DPRK and ROK show little interest in any reconciliation.15 For example, in 2010 the DPRK shelled the Yeonpyeong island near the disputed maritime border in the Yellow Sea, which ended with the death of four ROK citizens.16 The ROK responded by returning fire with fighter jets.17 Drones found in the ROK carrying pictures of government buildings, and the ROK released massive amounts of 13 United Nations Security Council. S/RES/1718. Available at: http://undocs.org/S/RES/1718(2006) . 14 Arms Control Association. “UN Security Council Resolutions on North Korea”. Available at: https://www.armscontrol.org/factsheets/UN-Security-Council-Resolutions-on-North-Korea . 15 Id. 16 Id. 17 Id. 3 balloons with anti DPRK propaganda meant to fly over the border.18 Last year, both States began blaring propaganda over the border using massive speakers, which escalated into artillery shelling.19 All of this is incredibly destabilizing for the region, but nowhere near as destabilizing as the nuclearization of the peninsula and the escalating cyber-security threats. Cyber Warfare Since 2009, a massive increase in cyber-attacks on the Korean Peninsula, affecting everything from financial institutions to infrastructure departments. In 2009 hackers infiltrated the military internet network used by both the United States and the ROK which was a military strategy developed between the two.20 That same year, hackers also stole information from South Korea’s Chemical Accidents Response Information System.21 In 2011 hackers infiltrated ROK financial, media, joint U.S. military institutions, and systems. This initiated a strategy known as “distributed denial of service” that persisted for ten days. The period known as the “10 Days of Rain” was an attempt to disrupt communications between the affected entities and the public domains that they use. The attacks abruptly stopped after the ten days and follow-up investigations suspected the attacks came from hackers within the peninsula.22 The turbid nature of cyber-attacks makes it difficult to pinpoint exactly where they are coming from, but it is clear now both the ROK and DPRK have been the subject and source of cyber-attacks.
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