THE DPRK ROK CONFLICT

UNITED NATIONS SECURITY COUNCIL A BRIEF SUMMARY

Harsh Arora

Committee Introduction:
The Security Council has primary responsibility, under the Charter,for the maintenance of international peace and security. It is so organized as to be able to function continuously, and a representative of each of its members must be present at all times at United Nations Headquarters. When a complaint concerning a threat to peace is brought before it, the Council's first action is usually to recommend to the parties to try to reach agreement by peaceful means. In some cases, the Council itself undertakes investigation and mediation. It may appoint special representatives or request the Secretary-General to do so or to use his good offices. It may set forth principles for a peaceful settlement. When a dispute leads to fighting, the Council's first concern is to bring it to an end as soon as possible. On many occasions, the Council has issued cease-fire directives which have been instrumental in preventing wider hostilities. It also sends United Nations peace-keeping forces to help reduce tensions in troubled areas, keep opposing forces apart and create conditions of calm in which peaceful settlements may be sought. The Council may decide on enforcement measures, economic sanctions (such as trade embargoes) or collective military action. A Member State against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly on the recommendation of the Security Council. A Member State which has persistently violated the principles of the Charter may be expelled from the United Nations by the Assembly on the Council's recommendation. A State which is a Member of the United Nations but not of the Security Council may participate, without a vote, in its discussions when the Council considers that that country's interests are affected. Both Members of the United Nations and non-members, if they are parties to a dispute being considered by the Council, are invited to take part, without a vote, in the Council's discussions; the Council sets the conditions for participation by a nonmember State. The Presidency of the Council rotates monthly, according to the English alphabetical listing of its member States.

Composition:
The Council is composed of five permanent members China, France, Russian Federation, United Kingdom and the United States and ten non-permanent members (with year of term's end):

Bosnia and Herzegovina (2011) Brazil (2011) Colombia (2012) Gabon (2011)

Germany (2012) India (2012) Lebanon (2011) Nigeria (2011)

Portugal (2012) South Africa (2012)

The Council has ten non-permanent members, elected by the General Assembly for two-year terms which are not eligible for immediate re-election. Each Council member has one vote. Decisions on procedural matters are made by an affirmative vote of at least nine of the 15 members. Decisions on substantive matters require nine votes, including the concurring votes of all five permanent members. This is the rule of "great Power unanimity", often referred to as the "veto" power. In simple terms, a resolution is deemed to be failed even if of the five permanent members uses their veto . Under the Charter, all Members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to Governments, the Council alone has the power to take decisions which Member States are obligated under the Charter to carry out.

Delegates, as mentioned before,a country not a member of the UNSC may be allowed to participate as an Observer, without a vote, if its interests are directly affected. In all probability, the DPRK and ROK will be granted Observer status to follow the committee proceedings and voice their opinions and concerns.

Historical Background:
The first half of the twentieth century saw a unified Korea dominated by Japanese control, which had annexed1 the country in 1910 and forced permanent cession upon the Korean people. But the comprehensive defeat of the Axis powers, including Japan in World War II, lead to the surrender of Korean control by the Japanese forces. After the Japanese surrender, the United States and the Soviet Union agreed to temporarily occupy the country as a trusteeship3 with the north under Soviet occupation and the south under the occupation of the US and other allied countries. The purpose of this trusteeship was to establish a Korean provisional government which would become free and independent in due course. However, due to differences of opinion on the various facets of governance between the US and the USSR, this did not happen. The US Government s General Order No. 1 3effectively marked the beginning of a series of events that would eventually lead to the division of Korea into its current state the Democratic People's Republic of Koreain the North and the Republic of Korea in the south. Over the course of the next few years, the Soviet Union fostered a strong communist regime in the north, while the US supported the government in the south; by mid-1950, tensions between the two zones, each under a different regime, had escalated to the point where two hostile armies were building up along the border. On 25 June 1950 the North Korean army finally crossed into the southern zone and advanced towards Seoul, thus flagging off the Korean War. With both DPRK and ROK sponsored by external powers, it has been speculated that the Korean War was a proxy war5. DPRK was supported by the Soviet Union and the People s Republic of China whereas the United States, came to the aid of South Korea in repelling the invasion.The UNSC unanimously condemned the North Korean invasion of the Republic of Korea and passed UNSC resolutions 82-85 in this regard. The end of the war came with the signing of an armistice6 between the UN and North Korean leaderships on 27 July 1953; three years and one month after the war began.It is important to note here that there was no formal end to the war and no peace treaty has been signed between the two countries. Despite the relative peace since the war ended, tensions remain high between the two Koreas, and their border remains the most heavily militarized frontier in the world. 1. Incorporation of a territory into an existing political entity, such as a country. Korea acceded to Japan through the Japan-Korea Treaty of 1910. 2. Administration of a territory by a country or countries so commissioned by the United Nations. 3. http://www.tac.usace.army.mil/deploymentcenter/tac_docs/GO-1B%20Policy.pdf 4. The Axis powers were a military alliance comprising of Germany, Japan, Italy and other nations in World War II. World War II ended with their total defeat and dissolution. 5. A proxy war is a war that results when opposing powers use third parties as substitutes for fighting each other directly. It is hoped that these groups can strike an opponent without leading to full-scale war. 6. An armistice is a situation in a war where the warring parties agree to stop fighting. It is not necessarily the end of a war, but may be just a cessation of hostilities while an attempt is made to negotiate a lasting peace.

The sour relations between the two countries were strained time and again throughout the course of the cold war, with incidents such as the Blue House Raid1 occurring. It was only from the early 1980s that some substantial dialogue oriented talks were held between the two countries, in an effort to find a lasting solution.

Recent Events
Recent history has seen a better relation between the two countries. North Korea's Red Crossprovided relief products to the flood victims in South Korea in 1984. The first top-level talks between the leaders of the two countries were held in September 1990.The Agreement on Reconciliation, Non aggression, Exchange and Cooperation2 was signed between the two countries in 1991. The then North Korean premier Yon Hyong-muk called the agreement "the most valuable achievement ever made between the South and North Korean authorities." For the first time,the DPRK officially recognized the existence of the ROK. However, these positive developments have been marred by frequent confrontational incidents like that at Yeonpyeong and Daecheong along the disputed de facto maritime boundary between the two countries-the Northern Limit Line (NLL). 3The UN has often stressed to both countries that the NLL has existed for many decades and both countries shouldacknowledge that a practical solution is viable only if the flurry of hostilities is halted and recommended that both sides withdraw their naval forces to their respective side of the NLL. From 1998 to 2008, the Republic of Korea followed a policy, colloquially termed as the Sunshine Policy towards North Korea. Initiated by the then ROK President Kim Dae-jung, the onus of the policy was to strengthen northsouth relations by increasing mutual cooperation. The policy resulted in greater political contact between the two nations, several high-profile business ventures; increased aid distribution by the ROK to the DPRK and increased respect for territorial sovereignty.In 2000, Kim Dae Jung was awarded the Nobel Peace Prize as a result of the Sunshine Policy. One sphere which unites both Koreas, surprisingly, is that of sports- DPRK and ROK have participated in two sporting events as a single team. Even when they are competing separately, they march under the same flag the Unification Flag4.This initiative has been viewed by the international community as a major development in an effort towards a peaceful solution.

1. The Blue House Raid was an attempt by the North Korean government to assassinate the South Korean President Park Chung-hee on 21 January 1968. 2. The agreement called for both DPRK and ROK to issue a joint declaration of nonaggression, advance warning of troop movements and exercises, and the installation of a hot line between top military commanders. The Agreement has led to the establishment of several joint North-South Korea subcommittees that work together to coordinate cross border activities. 3. The Northern Limit Line is an inter-Korea maritime demarcation line in the Yellow Sea between the Democratic People's Republic of Korea and the Republic of Korea. 4. http://www.fotw.us/flags/oly@nna.html#kr the basics of the flag.

As a part of the Sunshine Policy, two landmark summits have been held between the leaders of the two countries.The monumental June 15th North-South Joint Declaration1 was signed by the two Koreas in the first Summit, expressing their willingness to work for the reunification2 of the tow Koreas in the future. But it was only in the second summit that a peace declaration was signed by them, calling for international talks to replace the Armistice which ended the Korean War with a permanent peace treaty.3However, in light of the recent

events, much remains to be desired in both countries efforts to reconcile their differences and the future of the declaration is highly volatile. The sinking of the ROKS Cheonan:
On March 26, 2010, a Republic of Korea navy ship, ROKS Cheonansank off the yellow sea.A torpedo attack was determined as the cause of the sinking which killed 46 sailors.The ship went down near the disputed interKorean maritime border, raising tension between the two nations.The tension was aggravated when the Joint Civilian-Military Investigation Group,led by the ROK published results claiming that the sinking had been caused by a DPRK torpedo; DPRK rejected the findings.ROK agreed with the findings from the group and its President Lee Myung-bak declared that the ROK would impose sanctions as part of measures primarily aimed at striking back at North Korea diplomatically and financially. North Korea responded by severing ties between the countries and announced it annulled the previous non-aggression agreement and declaring that it was ready for war.4The United Nations Security Council made a press release condemning the attack and expressing its concern over the findings of the Joint Civilian-Military Investigation Group but did not identify the attacking party.5 The bombardment of Yeonpyeong: In November 2010, the ROK and the United States began the annual Hoguk exercise, a large-scale military drill involving the ROK and US militaries.TheDPRK government regarded the exercise as preparation for a combined arms attack on the North.As a result, DPRK s artillery fired at ROK s Big Yeonpyeong island (Daeyeonpyeongdo) in the Yellow Sea and the returned fire. Two South Korean marines and two civilians were killed, more than a dozen were wounded, including three civilians. The town was evacuated and ROKresponded with stern retaliation. A DPRK statement accused ROK of starting the skirmish with its reckless military provocation as firing dozens of shells inside the territorial waters of the North. UN Secretary-General Ban Ki-moon condemned DPRK s artillery attack, calling it one of the gravest incidents since the end of the Korean War . 1. Text of the Declaration http://www.usip.org/files/file/resources/collections/peace_agreements/n_skorea06152000.pdf 2. There are a number of difficulties faced in reunification talks due to the large political and economic differences between the two countries. Short-term problems such as a large number of refugees from the North migrating into the South and initial economic and political instability would need to be overcome. Long-term problems such as cultural differences, contrasting political ideologies and possible discrimination will also need to be resolved. 3. http://news.bbc.co.uk/2/hi/asia-pacific/7027236.stm 4. http://www.reuters.com/article/2010/05/25/us-korea-north-text-idUSTRE64O3YU20100525 5. UNSC Press Release - http://www.un.org/News/Press/docs/2010/sc9975.doc.htm

North Korea s Nuclear weapons Programme:

One of the most important and perhaps the most disturbing implication of the agenda is the development of a nuclear weapons programme by the DPRK.DPRK was initially a party to the Nuclear Non-Proliferation Treaty but withdrew in 2003, mentioning the failure of the United States to fulfill its end of the Agreed Framework1.It then deemed the framework to be nullified.As of the present scenario, Democratic People's Republic of Korea has officially declared that it has nuclear weapons, beginning with its announcement of a successful nuclear test in October 2006. A second nuclear test was carried out in April 2009 with the intention of proclaiming themselves a fully fledged nuclear power.Although many international experts have doubted their claims of developing nuclear weapons, an increasing number of authoritative figures including the head of the International Atomic Energy Agency (IAEA) have admitted that North Korea has nuclear warheads.2 The United Nations Security Council has condemned DPRK s nuclear weapons programmeand tests in UNSC Resolutions 1695,1718 and 1874and through these resolutions it has imposed economic and commercial sanctions3 on the Democratic People's Republic of Korea.While these resolutions do invoke Chapter VII of the United Nations Charter which allow for enforcement through any possible means, they does not provide for any use of military force to back up these demands. The only instrument that came close to resolving DPRK s nuclear weapon s development was the Six Party talks,initiated in August 2003.The Six-Party Talks were aimed at ending North Korea's nuclear program through a negotiating process involving China, the United States, North and South Korea, Japan, and Russia. Since the talks began in August 2003, the negotiations have been bedeviled by diplomatic standoffs among individual Six-Party member states--particularly between the United States and North Korea. In April 2009, North Korea quit the talks and announced that it would reverse the ongoing disablement process called for under the Six-Party agreements and restart its nuclear facilities. It soon expelled UN inspectors from its enrichment sites and declared to the IAEA that it would continue its Nuclear weapons programme. In December 2010, North Korea threatened a nuclear "sacred war" on ROK and the ROK vowed a "merciless counterattack" if it was attacked again as both sides raised the possibilities of a war.It is ardently clear that dialogue is required, or else the Korean Peninsula may be reduced to nuclear dust. Delegates please note that besides the obvious threat of a nuclear attack on the Republic of Korea, DPRK s nuclear weapons programme has many other repercussions. Not only is it a bone of contention in the ongoing peace talks between the two countries, but it has increasingly drawn flak from the US and its allies, affecting the geo-political balance in an adverse way.DPRK s already limited food supplies are being straineddue to poor governance on that front and its rogue nuclear programmemakes it difficult for it to obtain foreign aid and tackle its chronic food deficit.4 1. http://www.kedo.org/pdfs/AgreedFramework.pdf The objective of the agreement was the replacement of North Korea's indigenous nuclear power plant program with more nuclear proliferation resistant nuclear technology. 2. http://www.timesonline.co.uk/tol/news/world/asia/article6155956.ece 3. Sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally. 4. Chronic food deficit in DPRK: http://www.reuters.com/article/2011/03/11/us-korea-north-foodidUSTRE72A2U220110311

Points for contemplation:

y y y y y y The possibility of an all pervasive peace treaty between the two Koreas to finally resolve all inter country conflict and the council s role in brokering it. Steps to strengthen current peace agreements until a lasting consensus is reached between the two countries. The Role of the countries allies in general view of the conflict as well as specific role(s). The council s role in dealing with nuclear threats by DPRK and the possibility of a nuclear invasion by DPRK. Measuring the distant prospect of a Korean reunification and resolving the problems faced in the process. The frequent maritime as well as land border disputes between the two Koreas, with specific attention to recent events and threats.

Links to the aforementioned UN resolutions:

Resolutions relating to the Korean War:
y y y y Resolution 82: http://www.unhcr.org/refworld/docid/3b00f15960.html Resolution 83: http://www.unhcr.org/refworld/docid/3b00f20a2c.html Resolution 84: http://www.unhcr.org/refworld/docid/3b00f1e85c.html Resolution 85: http://www.unhcr.org/refworld/publisher,UNSC,,KOR,3b00f28224,0.html

Resolutions relating to DPRK s Nuclear Programme:

y y y Resolution 1695: http://www.un.org/News/Press/docs/2006/sc8778.doc.htm Resolution 1718: http://www.un.org/News/Press/docs/2006/sc8853.doc.htm Resolution 1874: http://www.un.org/News/Press/docs//2009/sc9679.doc.htm

Links for further research:

1. The Korean War and its nuances: http://www.awm.gov.au/atwar/korea.asp 2. The terms of the Armistice to end the War: http://news.bbc.co.uk/2/hi/asia-pacific/2774931.stm 3. The Agreement on Reconciliation, nonaggression, and Cooperation and Exchange between the North and the South. Full text: http://www1.korea-np.co.jp/pk/011th_issue/97100101.htm 4. Brief regarding the Northern Limit Line and the maritime conflicts: http://www.reuters.com/article/2010/11/23/us-korea-north-nll-idUSTRE6AM2O820101123 5. Summit held under the Sunshine Policy: http://news.bbc.co.uk/2/hi/asia-pacific/7023079.stm 6. Complete timeline of DPRK s nuclear weapons programme: http://www.bbc.co.uk/news/world-asia-pacific-11811861 7. Information regarding the Six party Talks: http://www.cfr.org/proliferation/six-party-talks-north-koreas-nuclear-program/p13593 8. War threats including a nuclear conflict: http://www.reuters.com/article/2010/12/23/us-korea-north-idUSTOE6BG05Y20101223