Cornell International Law Journal Volume 51 Article 4 Number 1 Winter 2018 North Korean Detention of U.S. Citizens: International Law Violations and Means for Recourse Patricia Goedde Sungkyunkwan University Andrew Wolman Hankuk University of Foreign Studies Follow this and additional works at: https://scholarship.law.cornell.edu/cilj Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Goedde, Patricia and Wolman, Andrew (2018) "North Korean Detention of U.S. Citizens: International Law Violations and Means for Recourse," Cornell International Law Journal: Vol. 51 : No. 1 , Article 4. Available at: https://scholarship.law.cornell.edu/cilj/vol51/iss1/4 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized editor of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. \\jciprod01\productn\C\CIN\51-1\CIN105.txt unknown Seq: 1 27-AUG-18 14:53 North Korean Detention of U.S. Citizens: International Law Violations and Means for Recourse Patricia Goedde† & Andrew Wolman†† North Korean detention of U.S. citizens has prompted considerable attention in the U.S. media over the years, especially with the most recent case of Otto Warmbier’s death. Releases have usually been negotiated through diplomatic channels on a humanitarian basis. While detainee treatment is influenced primarily by political considerations, this Article asks what international legal implications arise from these detentions in terms of international law violations and recourse. Specifically, this Arti- cle analyzes (1) violations of consular law and international human rights law as applied to the detainees, such as standards for arrest, investigation, trial, and detention, and (2) whether viable legal recourse exists.