Comments on: Not that we should care, but it’s still “illegal” to search North Korean ships on the high seas (Updated: Missiles to Burma?).

By: Dana

Dana — Thu, 25 Jun 2009 13:30:09 +0000

So, it sounds like it would be difficult to inforce the sanctions legally? I think we should board the ship, I don’t care about the armistice at this point, it seems usless and probably was a mistake to sign.

By: Joshua Stanton

Joshua Stanton — Mon, 22 Jun 2009 14:38:20 +0000

It’s a valid point that adds to my argument that none of the legal arguments really ought to influence our conduct that much. Unfortunately, some would excuse the North Koreans from every law, obligation, promise, or basic standard of humanity while rigorously enforcing all of them against America. If that’s the way we’re going to interpret international law, then international law is nothing more than an obstruction to the essential security needs of the United States.

By: Eagle1

Eagle1 — Mon, 22 Jun 2009 13:04:30 +0000

I’m confused.

The DPRK has unilaterally renounced the Armistice, which I believe restarts the Korean war. So why are we worried about boarding an enemy ship?

Please enlighten me.

Thanks.

By: cesium_133

cesium_133 — Mon, 22 Jun 2009 08:23:55 +0000

So sad that Jong-Un is being turned from decent kid into monster-to-be. Better never to have known his name, but it will go down in infamy…

By: John Sawyer

John Sawyer — Mon, 22 Jun 2009 06:44:59 +0000

Simplification of everything above, from the guy who makes things complex:

You can’t board a ship flying a true flag on the high seas except for the reasons listed above, or unless the UN authorises such action. You can ask it to stop and allow an inspection, but if it’s a government-owned boat, that country’s government must give permission. You can’t call out, “US Navy! We have reason to believe you’re carrying (nukes, VX, sarin, porn for Kim Jong-ll)! Heave to, and prepare to be boarded!” Not on the high seas… only if they strayed into our or another country’s territorial waters.

Now, if they refuse, which they likely will, you -can- escort, using reasonable measures, the boat to a country’s port (probably a 3rd country, like Japan in this case) for the inspection (you can’t blow a hole in it amidships and tell the captain to accept the towline and bailing pumps you’re gonna send, or else sink). You’ll get the act of war bit from the DPRK, but it’s permissible to -intercept- ships suspected of carrying war or other contraband, as defined by, and in violation of, international law.

What happens when it gets to a port is something else. One must hope that said country would inspect the ship properly and remove and quarantine any illicit goods. Once that boat is in port, it’s subject to the laws of that nation, not of the high seas…

John, Charlotte, NC 22.6.09 American for a united, FREE Korea! Down with Kim…

By: a listener

a listener — Sun, 21 Jun 2009 22:48:37 +0000

New pic of Kim Jung un with classmates in switzerland via chosun ilbo

http://english.chosun.com/site/data/html_dir/2009/06/18/2009061800411.html

By: Spelunker

Spelunker — Sun, 21 Jun 2009 21:44:50 +0000

Thank you; I was not aware of that story. Looks like the US Navy was asked to board the ship and yet the small team of medics, security personnel and an interpreter still didn’t check the cargo. I wonder if the US Navy interpreter was for the Somali pirates or the Korean ship’s crew members, since a Navy spokeswoman said later that the American destroyer had not been shadowing the North Korean ship.

Back to the old drawing board…

By: Joshua Stanton

Joshua Stanton — Sun, 21 Jun 2009 19:56:54 +0000

Spelunker, Reality is way ahead of you, although last time, the story didn't end quite the way you suggest. I'm not opposed to switching sides at moments of convenience, but we'd also have to get the ROK Navy "aboard," so to speak, with the plan.

By: Spelunker

Spelunker — Sun, 21 Jun 2009 17:08:11 +0000

What if somebody (I’m not suggesting a certain country in North America would do this) hired some Somali pirates to board the North Korean ship? With a little training (again I’m not suggesting a Certain Intelligence Agency or anybody would do that either) maybe the Somali pirates could do the dirty work and then North Korea would declare an act of war against Somalia (where it’s Taepodong missiles could never reach in a hundred years). Just a thought, that’s all.

By: Joshua Stanton

Joshua Stanton — Sun, 21 Jun 2009 13:02:06 +0000

I don’t see anything in the Armistice Agreement that is directly on point. It assures freedom of navigation in the Han Estuary and prohibits any blockade of North Korea, but I would respond that U.N.-sanctioned searching of ships for certain prohibited cargoes, allowing all others to pass, is not a blockade.

Furthermore, North Korea has been in continuous violation of the Armistice since the signing ceremony. It is still holding South Korean POW’s, has sent ships into South Korean waters, kidnapped South Korean civilians, and engaged in hostile acts within and across the DMZ. If you read the entire agreement carefully, you’ll see that several aspects of the agreement effectively died years ago. The neutral nations observers are one example I’d cite.