Archive for Terrorism (NK)

We are all North Koreans now

As far as I know, I didn’t liberate a single North Korean during my four-year tour with the Army in South Korea, although I’ve argued their distant and forgotten cause ever since I came home. The crimes of Kim Jong Un were still distant just five weeks ago, when Professor Lee and I, writing in The New York Times, sounded a lonely warning about his efforts to censor his critics in the South with terror and violence, writing that “[c]aving into blackmailers merely begets more blackmail.” To some, that probably seemed absolutist, even hyperbolic. It should seem more prophetic now.

One morning this week, I awoke to the realization that the rights I’m arguing for are my own—in my own home, and in my own neighborhood. Here, in America. In the suburbs of Washington, D.C.  Today, in a very small way, we are all North Koreans. Most of us have spent the last several decades ignoring the men who oppress North Koreans. Now, in a small but incalculably important way, the same men have oppressed us. Here is the FBI’s statement about the Sony hack, and the terrorist threats that followed it:

As a result of our investigation, and in close collaboration with other U.S. government departments and agencies, the FBI now has enough information to conclude that the North Korean government is responsible for these actions. While the need to protect sensitive sources and methods precludes us from sharing all of this information, our conclusion is based, in part, on the following:

- Technical analysis of the data deletion malware used in this attack revealed links to other malware that the FBI knows North Korean actors previously developed. For example, there were similarities in specific lines of code, encryption algorithms, data deletion methods, and compromised networks.

- The FBI also observed significant overlap between the infrastructure used in this attack and other malicious cyber activity the U.S. government has previously linked directly to North Korea. For example, the FBI discovered that several Internet protocol (IP) addresses associated with known North Korean infrastructure communicated with IP addresses that were hardcoded into the data deletion malware used in this attack.

- Separately, the tools used in the SPE attack have similarities to a cyber attack in March of last year against South Korean banks and media outlets, which was carried out by North Korea.

We are deeply concerned about the destructive nature of this attack on a private sector entity and the ordinary citizens who worked there. Further, North Korea’s attack on SPE reaffirms that cyber threats pose one of the gravest national security dangers to the United States. Though the FBI has seen a wide variety and increasing number of cyber intrusions, the destructive nature of this attack, coupled with its coercive nature, sets it apart. North Korea’s actions were intended to inflict significant harm on a U.S. business and suppress the right of American citizens to express themselves. Such acts of intimidation fall outside the bounds of acceptable state behavior. The FBI takes seriously any attempt—whether through cyber-enabled means, threats of violence, or otherwise—to undermine the economic and social prosperity of our citizens. [FBI Press Release]

The feds sound very confident about their conclusions:

Intelligence officials “know very specifically who the attackers are,” said one individual familiar with the investigation, who like others spoke on condition of anonymity because the case is ongoing. [Washington Post]

As with the Cheonan incident, it’s almost as if North Korea wants everyone to know it did it, while leaving just enough doubt to let its apologists do their work. That strategy worked well for them in South Korea, which never responded to the two deadly attacks on its territory in 2010. Why should Kim Jong Un believe that attacking us would lead to different results? That’s one reason why I’m so glad the President said something about the importance of protecting free speech:

“We cannot have a society in which some dictator someplace can start imposing censorship here in the United States,” Obama said. “Because if somebody is able to intimidate folks out of releasing a satirical movie, imagine what they start doing when they see a documentary that they don’t like or news reports that they don’t like.

Obama said he wished Sony had “spoken to me first,” adding: “I would have told them, ‘Do not get into a pattern where you get intimidated by these criminal attacks.’ ” [Washington Post]

Well, depending on who you believe, maybe they did. Still, that’s a welcome change, coming from the President who asked YouTube to take down “The Innocence of Muslims,” and whose Justice Department hustled Nakoula Nakoula off to jail to appease the whooping loonies who dominate the Middle East’s political culture today. But not to worry—the CEO of Sony Pictures says he’s “considering some sort of release on the Internet.”

I’ve never been much of a George Clooney fan, but he’s one of the few people in Hollywood with the spine to stand against North Korea’s terrorism:

“We’re talking about an actual country deciding what content we’re going to have,” he told Deadline. “This affects not just movies, this affects every part of business that we have.”

“What happens if a newsroom decides to go with a story, and a country or an individual or corporation decides they don’t like it? Forget the hacking part of it. You have someone threaten to blow up buildings, and all of a sudden everybody has to bow down. [CNN]

Our attention now turns toward what President Obama will do. Let’s hope it exceeds my low expectations, and Pyongyang’s:

Even in my myopic world view, these attacks raise far weightier questions than what our North Korea policy should be. The President’s response must be enough to restore U.S. deterrence of North Korea, and the confidence of our artists, media, journalists, and lowly bloggers that our government will protect them from the world’s petty despots:

“We will respond proportionally,” Obama said, “and we will respond at a place and time that we choose.”

U.S. officials have made clear for several years that they have a range of diplomatic, economic, legal and military options at their disposal in response to cyberattacks. Those steps might include indicting individuals believed to be behind the attack, asking like-minded states to join in condemning the intrusion, and if North Korea persists, undertaking a covert action to dismantle the computer systems used in the operation. [Washington Post]

I’ve already written here about what that response should include. One of those possible responses seems almost inevitable, now that Senator Bob Menendez has asked Secretary of State John Kerry to put North Korea back on the list of state sponsors of terrorism. It’s difficult to see how he could avoid doing that, given the destructive power of the attack, its chilling effect on free speech, and the extensive evidence that North Korea was already sponsoring terrorism even before this incident.

“The United States condemns North Korea for the cyber-attack targeting Sony Pictures Entertainment and the unacceptable threats against movie theaters and moviegoers,” he said in written statement.

“We encourage our allies and partners to stand with us as we defend the values of all of our people in the face of state-sponsored intimidation,” Kerry added.

Separately, State Department spokeswoman Jen Psaki said U.S. and Chinese officials had met in Washington and Beijing to discuss the issue, adding that: “Both China and the United States agree that conducting destructive attacks in cyberspace is outside the norms of appropriate cyber behavior.” [Yonhap]

As is customary among journalists, The New York Times and Reuters printed the standard-issue, off-the-record-senior-State-Department-official talking point that North Korea sanctions are maxed out, without bothering to read the authorities. This talking point sometimes comes without any citation of authority whatsoever, and sometimes cites “experts” who appear not to have ever read a sanctions regulations. When I pointed out to these Bloomberg reporters that they’d cited a cybersecurity expert‘s analysis of a legal question–and that the analysis was wrong–I received a polite and interested reply, suggesting that the reporters genuinely intend to research the question. In the case of Reuters, in particular, the propagation of this false narrative is disappointing, because most of the Reuters reporters I follow check their facts painstakingly before publishing them.

The Wall Street Journal’s Jonathan Cheng and Jeyup Kwaak did a better job:

On the financial front, the U.S. has wide latitude to target the North’s financial capabilities and its links to the global banking system, says Joshua Stanton, a Washington, D.C. lawyer and blogger who has advised the U.S. House of Representatives’ Foreign Affairs Committee on North Korea sanctions legislation.

Mr. Stanton says the U.S. can designate the North’s banking system as a money-laundering concern, add the country back to a list of state sponsors of terrorism, and move toward blocking U.S. tourism to the North.

“Our North Korea sanctions are weaker than our Zimbabwe sanctions,” Mr. Stanton said in an interview. “All of the top officials in the government of Zimbabwe have their assets blocked, and none of the top officials in the government of North Korea do.” [….]

“The single biggest thing that we can do is to designate the country as a primary money-laundering concern,” Mr. Stanton says, which he says would block the regime from conducting dollar-denominated transactions through the U.S. financial system, as its institutions can now do.

“That would have a very big impact on North Korea—banks around the world are very reputation-conscious,” he says, and would shy away from conducting any transactions with institutions tied to Pyongyang.

Some defectors from North Korea say Pyongyang has learned from the Banco Delta Asia sanctions, and now keeps much of its money outside the traditional banking system, which could limit the impact of such a move.

Mr. Stanton also notes that U.S. sanctions list just 63 North Korean ships, companies and individuals, far fewer than those for Myanmar or Cuba. He also says that U.S. Congress could start moving legislation that would impose similar restrictions blocking U.S. citizens from traveling to North Korea and spending money. [Wall Street Journal, Jonathan Cheng and Jeyup S. Kwaak]

Bruce Klingner of the Heritage foundation was also battling against this myth:

Oh, and for the record:

A North Korean U.N. diplomat said Pyongyang had nothing to do with the cyber attack. “DPRK (North Korea) is not part of this,” the diplomat told Reuters on condition of anonymity. [Reuters]

I think I speak for all of humanity when I sincerely hope this isn’t all Barack Obama’s pretext to advance Joe Biden’s cryptic plot to dominate North Korea’s vast riches of coal, meth, and refugees.

One thing that seems far more likely today is that the House and Senate will make North Korea sanctions legislation a higher priority. Even before the FBI fingered North Korea for this attack, and before President Obama announced his outreach to Cuba, Senator Menendez introduced a sotto voce version of the North Korea Sanctions Enforcement Act, S. 3012. That bill is too weak to be worth passing in its current form, but it’s structurally similar enough to what the House passed last year that it should be viewed as a serious opening bid and a welcome step toward a good compromise.

A friend on the Hill told me yesterday that in terms of seizing Congress’s attention, the events of this week are the equivalent of “two or three nuke tests.” A Chinese Security Council veto of U.N. human rights sanctions–sanctions that were just recommended by the full General Assembly–should be the equivalent of another. At an exceptionally formative moment, Congress’s attention has been focused on North Korea. The administration is distinguishing North Korea from Cuba, is almost certainly considering new sanctions, and has probably just scrapped its plans for Agreed Framework 3.0. If a bipartisan, centrist consensus concludes that the agony of North Koreans is no longer a problem we can treat as remote and irrelevant, and that it’s time to discard the failed solution of appeasement, we will have reached an inflection point in our North Korea policy.

One avenue of response I hope the President won’t overlook is that information warfare works both ways. Certainly, carefully targeted sanctions can play an important part in defunding and disrupting the regime’s capacity to censor and oppress its people. Symbolically and practically, however, no response–not even sanctions–would do more to alter North Korea than to wage a quiet, non-violent war against its information blockade. It is difficult to imagine that despite all of America’s innovative potential, it still lacks the means to bring free speech to the people of North Korea, and to help them find their own way to rid themselves of the accursed men who tread them down.

If N. Korea hacked Sony and threatened us, here’s how we should respond

The New York Times, quoting “[s]enior administration officials,” is reporting that “American officials have concluded that North Korea ordered the attacks on Sony Pictures’s computers.”

Senior administration officials, who would not speak on the record about the intelligence findings, said the White House was debating whether to publicly accuse North Korea of what amounts to a cyberterrorism attack. Sony capitulated after the hackers threatened additional attacks, perhaps on theaters themselves, if the movie, “The Interview,” was released. [N.Y. Times]

The Times report doesn’t say whether the feds also think North Korea was behind the threats that caused Sony to pull The Interview from theaters, but North Korea certainly is profiting from the perception that it was responsible for them. Today, another studio made the cowardly decision to kill a Steve Carell film that would have been set in North Korea.

Nor would this be the first time North Korea has used terrorism to censor The Interview. It has already used its kidnappings of Japanese citizens to censor the film’s closing scene:

Japan, where Sony is an iconic corporate name, has argued that a public accusation could interfere with delicate diplomatic negotiations for the return of Japanese citizens kidnapped years ago.

The administration’s sudden urgency came after a new threat delivered this week to desktop computers at Sony’s offices warned that if “The Interview” was released on Dec. 25, “the world will be full of fear.”

“Remember the 11th of September 2001,” it said. “We recommend you to keep yourself distant from the places at that time.” [N.Y. Times]

That’s one example of how negotiations with North Korea can be worse than no negotiations with North Korea. Separately, the Times reports on Sony’s internal debates about censoring The Interview, in a simpering kowtow to North Korea’s threats.

Disturbed by North Korean threats at a time when his company was already struggling, Sony’s Japanese chief executive, Kazuo Hirai, broke with what Sony executives say was a 25-year tradition. He intervened in the decision making of his company’s usually autonomous Hollywood studio, Sony Pictures Entertainment.

According to hacked emails published by other media and interviews with people briefed on the matter, he insisted over the summer that a scene in which Mr. Kim’s head explodes when hit by a tank shell be toned down to remove images of flaming hair and chunks of skull. [….]

At one point in the tug of war over the script, Mr. Rogen weighed in with an angry email to Ms. Pascal. “This is now a story of Americans changing their movie to make North Koreans happy,” he wrote. “That is a very damning story.” [N.Y. Times]

I’m not sure what would leave me more speechless–a direct, brazen attack on our freedom of expression in our own country; the cowardice of Hollywood, Sony, Japan, and the theater chains; or the idea that the U.S. State Department agreed to review scenes from The Interview, thus putting a stamp of government censorship (or endorsement) on the film.

Or, maybe it’s the argument of an irredeemable imbecile named Justin Moyer, who defends North Korea’s reaction in a blog post at The Washington Post, without condemning its hacking, threats, violence, or use of its Japanese hostages. Moyer even writes, “If a future North Korean missile test, naval exercise, trip across the DMZ or future act of terror is blamed on ‘The Interview,’ Rogen can’t say he didn’t have fair warning.” Say what? I look forward to Moyer’s explanation of why Hitler had every right to be upset about “The Great Dictator,” or why Charlie Chaplin had “fair warning” about the Sudeten Crisis and Kristallnacht.

Whether the evidence ultimately proves North Korea responsible for this or not, petty despots everywhere have learned how to censor what the rest of us are allowed to read and see, and not only in America. I can’t help wondering whether Pyongyang, in turn, learned it from the Innocence of Muslims affair. These events have vast implications for our freedom of expression. Arguments about the film’s artistic merit have no place in this discussion. Parody, including tasteless parody, is at the core of how we express our views on matters of global public interest.

The breach is expected to cost Sony Pictures tens of millions of dollars as the company rebuilds its computer network, conducts a forensic investigation of the attack and deals with the legal fallout, including potential lawsuits from employees. It could also have an effect on the film industry’s creative choices.

“I’ve got to believe that this will spook anybody from considering making the North Koreans bad guys in a film,” movie producer Bill Gerber said. “Unless you were dealing with something that was fact-based and very compelling, it might not be worth it.” [L.A. Times]

This time, will our President stand up for our freedom of expression unambiguously? That would require him to act swiftly and firmly against those found to be responsible. Unfortunately, the Times‘s reporters end an otherwise excellent report with the tired, cliche falsehood that the President has no options because “[t]he North is already under some of the heaviest economic sanctions ever applied.” Pish-posh. I don’t know how many times I have to say it–people who write about sanctions should read them first. People who’ve read the sanctions know they’re weak.

Here, then, is a brief list of things the President could do in response, assuming the evidence shows that North Korea was responsible.

1. Put North Korea back on the list of state sponsors of terrorism. One of George W. Bush’s great, unsung foreign policy failures was his failed nuclear deal with Kim Jong Il, under which he relaxed sanctions and removed North Korea from the list. North Korea’s de-listing marked the beginning of a period during which North Korea escalated its sponsorship of terrorism, including threats, assassinations, and arms shipments to terrorists.

2. Ask the Senate to follow the House’s example and pass the North Korea Sanctions Enforcement Act, to remedy the weaknesses in our North Korea sanctions.

3. Sign an executive order blocking the assets of North Korean state entities responsible for censorship inside North Korea itself. That executive order could be modeled on one that already applies to Iran.

4. Sign a new executive order blocking the assets of entities found to have knowingly perpetrated, attempted, or supported hacking, cyber-attacks, or cyber-espionage against U.S. targets. That order could be modeled on existing executive orders that target the perpetrators and sponsors of terrorism and WMD proliferation.

5. Ask the Director of National Intelligence to compile a report on China’s support for North Korean hackers, release the unclassified portions to the public, and consider either a criminal prosecution or a civil forfeiture action to attach and seize the assets of any Chinese entities hosting, harboring, or supporting North Korea’s hackers.

Sony, of course, should release and promote The Interview in its original, uncut form. Theaters should show it. Newspapers should stop printing Sony’s hacked e-mails, except as they pertain to North Korea’s attempts to suppress the film. Artists should expose and criticize the cowardly decisions of studios to censor criticism of North Korea, and any other government. Courts should exclude Sony’s hacked e-mails as evidence in litigation. And individual citizens who love freedom of speech should give to Thor Halvorssen’s Human Rights Foundation, which plans to send copies of The Interview into North Korea by balloon.

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Update:

N. Korea threatens to shell Blue House over U.N. vote (It’s not just about balloons)

At my comments section, also known as The Diplomat, two recent articles take opposing views on ideas I’ve written about at length here. The first piece, by Zach Przystup, entitled “Pyongyang’s Poverty Politics,” argues that the regime in Pyongyang deliberately keeps large segments of its population hungry. It’s a question I’ve struggled with for years, but the more I know, the more difficult it becomes to avoid that conclusion.

Then, Steven Denney posts a “respectful riposte” to my criticism of the South Korean left for its illiberal authoritarianism, particularly when it comes to ideas that challenge the totalitarians in Pyongyang. Denney agrees with my post in part, conceding the existence of censorship during previous left-wing governments. His principal criticism is that my argument wasn’t nuanced enough to catch the vibrancy of the NPAD’s intra-partisan debates.

Please note, however, that in the post that is the subject of Denney’s riposte, I linked (but chose not to rehash) a previous OFK post that described the battle for the NPAD’s ideological soul in depth, even expressing my hope that moderate views might finally prevail in the NPAD. I don’t believe I’ve ever characterized the entire Korean left as authoritarian, but it’s fair to say that I generalized. It’s also evident which faction has won the argument, at least for now. When the leaders of the “mainstream” left-opposition NPAD introduce legislation to censor leafleting — without any apparent opposition — I think it’s fair to generalize the views of the NPAD as favoring censorship of anti-North Korean speech.

(As for the other “left” party, the fringe UPP, goes, I’m not sure Mr. Denney really wants to go there, although the UPP is also riven into opposed factions.)

I would agree (or at least hope) that Lim Su Kyung doesn’t represent the NPAD’s future. Now, would Denney deny that Chung Dong Young or Moon Jae In might? The latter came within a few percentage points of winning the presidency in 2012, and both men represent continuity with the Roh Moo Hyun years, which were marked by troubling censorship, among other forms of appeasement.

Like my old friend Assemblyman Ha Tae Kyung, who I would describe as a classical liberal, I have my own tactical disagreements with the leafleters, even as I insist that a civil democracy must defend their right to speak freely. In the New York Times op-ed that Prof. Sung-Yoon Lee and I recently co-wrote, we suggested that the launches should be moved away from populated areas as a precaution to protect the safety of local residents. Of course, if the South Korean government gave financial support for radio broadcasting, allowed activists to broadcast on the medium wave spectrum, or (imagine this!) did its own broadcasting, crude (if telegenic) methods like balloon launches wouldn’t be necessary. But let’s not get too far ahead of ourselves.

Not that any such change in medium would satisfy North Korea, which, not so long ago, threatened to shell the offices of South Korean newspapers for printing criticism of its regime. Pyongyang’s latest threat is timely for purposes of this discussion. It has threatened war over South Korea’s vote for a U.N. General Assembly resolution criticizing the North for its crimes against humanity:

We would like to question the Park Geun Hye group busy billing the adoption of the above-said “resolution” as a sort of a significant event. Does she think Chongwadae will be safe if guns roar for aggression and a nuclear war breaks out on the Korean Peninsula? Can she prolong her remaining days in America after leaving south Korea?

The article doesn’t portend well for the thaw in North Korea’s relationship with Japan, either.

Japan, political pigmy, would be well advised to behave itself properly, cogitating about what miserable end it will meet.

Once a sacred war is launched to protect the sovereignty of the DPRK, not only the U.S. but the Park Geun Hye group and Japan will have to be hit hard and sent to the bottom of the sea.

We probably aren’t far from the day when Pyongyang can make good on that threat.

The UN also can never evade the responsibility for the catastrophic consequences entailed by what happened there. All this is the DPRK’s response to the “human rights” racket of the U.S.-led hostile forces. [KCNA, Nov. 23, 2014]

I’ve posted KCNA’s  entire missive below the fold, along with grafs from two other KCNA rants that accuse the South of a “a declaration of an all-out war” and threaten to attack the South for supporting the General Assembly resolution condemning the North’s human rights record.

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

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Denney, I think, sanitizes the view of the Korean left a bit too much when he summarizes it this way: “Do not engage in acts that could unnecessarily provoke or offend the North Korean regime, because this will only make genuine engagement and possible rapprochement harder, if not impossible.”

Leaving aside the question of whether genuine engagement and rapprochement with Kim Jong Un are remotely plausible, isn’t the word “unnecessarily” an example of the “no true Scotsman” fallacy? One struggles to find examples of even mild criticism of Pyongyang that Uri and Minju-led governments weren’t willing to censor when they were in power. Under their leadership, South Korea repeatedly abstained from General Assembly resolutions on human rights in the North. We can be fairly certain that had Moon Jae-In won the last election, South Korea would not be supporting action in the U.N. today.

For years, the NPAD and its predecessors blocked a human rights law that would fund some of the civic groups that oppose Pyongyang’s abuses … maybe even civic groups that want to broadcast to North Korea, over the radio. The Saenuri Party, possibly shamed that the U.N. is showing South Korea to be a passive bystander to the brutality of its kindred in the North, is again trying to force the issue:

The National Assembly has been slow to handle bills addressing North Korea’s human rights situation due mainly to opposition parties’ concerns that they could anger Pyongyang and worsen the already strained cross-border ties.

In their deliberations, the rival parties are expected to clash over the issue of giving assistance to civic groups engaged in flying anti-Pyongyang propaganda leaflets across the border. [Yonhap]

More recently, the NPAD has shifted strategy, supporting an alternative “human rights” bill that would amount to another aid giveaway for Pyongyang.

The point being this: this argument is about much more than leaflets or balloons. It’s about North Korea’s deliberate state policy of using the threat of violence to shut down any form of criticism in South Korea, and Pyongyang’s refusal to coexist with even nonviolent criticism, regardless of the medium, and without regard to whether the speaker is a fire-eating activist, the President of the Republic, the United States, or the United Nations General Assembly.

That is, it’s the message, not the medium. If the NPAD thinks that censoring free expression to shrink from those threats is appropriate at certain times, it should say where the censorship would end, and when it would finally stand firm and defend the rights of Koreans on either side of the DMZ to speak, print, read, and think freely. The question is whether South Korea chooses to remain a free society.

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Correction: In my haste to promote Steven Denney to his rightful station in life, I assigned him the title “Professor,” prematurely, as it turns out. Mr. Denney writes in to note that he’s still working on his doctorate.

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North Korea is back in the international kidnapping business

It wouldn’t be completely accurate to say that North Korea was ever out of the international kidnapping business, but last week Yonhap and The Daily NK reported that North Korean agents in Paris had attempted, unsuccessfully, to kidnap the son of an aide to royal uncle Jang Song Thaek, who was purged last December, and to bundle him onto a flight to Pyongyang. The AP later corroborated the report through unnamed French sources and published it.

A North Korean student with family ties to the regime in his country escaped a kidnapping bid in Paris, where he was studying, and is now in hiding, a French source with knowledge of the case said Saturday.

The architecture student, identified only as Han, avoided the kidnapping attempt at a Paris airport where he was to be put on a plane for Pyongyang, North Korea’s capital, said the source, who spoke on condition of anonymity because the person was not authorized to speak publicly on the sensitive matter.

The failed bid to capture Han occurred in the first week of November, and he has been in hiding since then, the source said. It wasn’t immediately clear if French authorities had played a role in the escape, how many kidnappers were involved, or where they are now. [AP]

The Independent provides an even more detailed account here, which says that the student, identified only as Han, escaped at Charles De Gaulle airport.

The report comes just in time for the U.N. Security Council to consider a General Assembly recommendation to sanction and indict North Korean officials for crimes against humanity, including international kidnapping. The incident is expected to create diplomatic tension between North Korea and France, which has does not have full diplomatic relations with Pyongyang. France is a member of the P-5 on the U.N. Security Council, which is further proof, if any is needed, that North Korea isn’t very good at this whole “diplomacy” thing. It’s just less bad at it than we are.

The report is a strong indication that Kim Jong Un’s purge of those associated with Jang is casting a wide net, and it isn’t over.

Whether you use the definition of international terrorism in the Foreign Assistance Act or the better written one in the Criminal Code, this attempt would clearly fit the definition. President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

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Update: This post was edited after publication.

I heard Obama told Putin that Kim Jong Un was too big a wuss to test a nuke to punish the U.N.

Before the committee voted Tuesday, North Korea warned that it might retaliate with further nuclear tests. Trying to punish it over human rights “is compelling us not to refrain any further from conducting nuclear tests,” said Choe Myong Nam, a North Korean foreign-ministry adviser for U.N. and human rights issues, according to the Associated Press. [Washington Post, Anna Fifield]

Oh, dear God, please, please do this.

Rev. Kim Dong Shik’s family is appealing the dismissal of its lawsuit against N. Korea

… at the U.S. Court of Appeals for the D.C. Circuit. You can read the appellants’ briefs at this link, and I previously posted the original pleadings here. The District Court dismissed the suit for lack of evidence of torture, despite the fact that at least one North Korean agent was convicted of the kidnapping in a South Korean court. For background information on Kim’s abduction from China and murder in North Korea, see this link.

Victims of terrorism and torture are allowed to sue foreign sponsors of terrorism, including foreign governments, in U.S. courts under an exception to the Foreign Sovereign Immunities Act.

In 2005, then-Senator Barack Obama signed a letter comparing Rev. Kim to Harriet Tubman and Raoul Wallenberg, and promised to oppose removing North Korea from the list of state sponsors of terrorism unless it accounted for Rev. Kim, which it never has. In 2008, when President Bush announced his decision to remove North Korea from the list of state sponsors of terrorism, presidential candidate Barack Obama supported the move, saying this:

Sanctions are a critical part of our leverage to pressure North Korea to act. They should only be lifted based on North Korean performance. If the North Koreans do not meet their obligations, we should move quickly to re-impose sanctions that have been waived, and consider new restrictions going forward.

Today, the Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.”

In 2007, President Obama said, “[O]ne of the enemies we have to fight — it’s not just terrorists, it’s not just Hezbollah, it’s not just Hamas — it’s also cynicism.” I don’t know about you, but President Obama’s cynicism about terrorism has certainly made me more cynical.

N. Korea threatens war over leaflets

North Korea warned Thursday of further military measures against the cross-border scattering of propaganda leaflets by South Korean activists, saying their campaign risked putting inter-Korean ties into an “unrecoverable” state.

In a statement, the Committee for the Peaceful Reunification of the Fatherland sharply criticized the South’s government for doing little to block the leaflets.

“As shown in a recent incident, leaflet scattering is an extremely dangerous act that could bring about a war as well as the failure of north-south relations,” it said. [Yonhap]

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

Silencing Park Sang-Hak won’t end North Korea’s threats (updated)

For the first time since 2010, North Korea has fired across the border into South Korean territory, this time with 14.5-millimeter anti-aircraft guns. The North Koreans were shooting at the second of two launches of balloons carrying a total of 1.5 million leaflets, by North Korean refugee Park Sang-Hak and the Fighters for a Free North Korea.

The North Koreans didn’t respond to the first launch of 10 balloons at noon, but at around 4:00 in the afternoon, they fired on a second group of 23 balloons. Thankfully, no one got hurt, at least on the southern side. It’s not clear whether the North Koreans hit any balloons, although the 14.5 ammunition probably cost more than the balloon and its cargo. A few rounds landed “near military units and public service centers in Yeoncheon County,” near the DMZ, and one of them did this:

14.5mm hole

[via Yonhap]

The Soviet-designed 14.5-millimeter anti-aircraft gun comes in 2- and 4-barrel variants, as this quaintly aged U.S. Army training film shows.

True to their word, the ROKs shot back. They used K-6 machine guns, which are similar to the American M-2 .50 caliber machine gun, a slightly smaller caliber than the 14.5. Despite Park Geun-Hye’s public instructions to return fire without waiting for her permission, the ROKs didn’t shoot back until 5:30, about 90 minutes after the North Koreans fired. This time lag suggests that the front-line soldiers held their fire until they received orders from higher up their chain of command, although it’s not clear how high.

Rather than give the ROK Army the last word, the North Koreans fired again after this.

In launching the balloons, Park Sang-Hak and his compatriots defied threats from North Korea, because if you have the brass to sneak across the border into China and make it to South Korea, and if you’ve already survived one assassination attempt, you’re no ordinary man, you’re a honey badger who learned to shave, dress himself, and speak Korean.

Needless to say, the South Korean government’s “call for restraint,” to avoid harming “burgeoning fence-mending between the Koreas,” has no effect on such beings:

“We, defectors, run toward the frontline of freedom and democratic unification to end Kim Jong-un’s three-generation power transition in order to fulfill Hwang’s lifetime goal of liberating North Koreans and democratizing the country,” read the leaflets, which were launched with one-dollar bills and other pamphlets.

“In the North, Hwang is known to have died tragically. This campaign is meant to let North Koreans know he is buried in the South Korean national cemetery.” Park Sang-hak, the head of the activists group, said. [….]

Continuing its previous statements, Pyongyang warned through its official Korean Central News Agency a day earlier that Seoul should stop the activists from sending the anti-North Korea leaflets or face an “uncontrollable catastrophe” in inter-Korean relations. [Yonhap]

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

Right after the statement from the North, the unification ministry asked the civic groups to scrap their plan, citing inter-Korean tensions. Despite its call, however, the government largely retained its long-standing hands-off position on the issue, saying it has no legal ground to stop them. “The issue is something that the leaflet-scattering group should decide for themselves,” a unification ministry official said on condition of anonymity.

Which is good, because a lot of South Koreans want their government to block Park Sang-Hak from sending any more of his leaflet balloons.

Now, far be it for me (of all people) to denigrate the critical importance of setting the right ambience for North Korea. But if solving the North Korean nuclear crisis is really all about mood lighting, scented candles, and Marvin Gaye music, Park Geun-Hye might be a bigger problem than Park Sang-Hak, at least if you judge by what the North Koreans themselves are saying:

North Korea resumed its direct criticism of South Korean President Park Geun-hye on Friday, warning that her “nasty” remarks toward Pyongyang may dampen a rare mood of inter-Korean reconciliation.

In a statement, the National Reconciliation Council took issue with Park’s comments earlier this week that the communist neighbor is showing an ambivalent behavior of provocations and peace gestures. [….]

“(Park’s remarks) are an unacceptable provocation against us,” said an unnamed representative for the North’s council, a working-level agency dealing with inter-Korean affairs.

It is an “impolite and reckless” act, which throws cold water on the mood of improved inter-Korean relations created by a high-profile North Korean delegation’s trip to the South last week, read the statement. [Yonhap]

See also, etcetera. Sure, you can always say that the responsible thing is to avoid antagonizing violent people. Some might even say it’s the government’s job to prevent anyone else from offending violent people, even if the offense is caused by completely non-violent expression. Send leaflets over North Korea and it’s just a matter of time before they answer you with artillery, right? In the same spirit, if your newspapers print blasphemous cartoons, if your authors write blasphemous books, or if some guy publishes a crappy blasphemous movie on YouTube, hey, people might riot, other people might get hurt, and really, isn’t the mature thing to do to censor ourselves just this one time? Or maybe just one more time, because the North Koreans are offended by some dumbass American movie, and Japan wants to get its hostages back? Or because North Korea is offended by a British TV series? Or by Kim Seung Min’s radio broadcasts? Or by the election of a defector to the National Assembly, whom Pyongyang threatened to “hunt down?” Or by a policy proposal by the President of South Korea, one that North Korea also answered with artillery?

By now, you can see where this ends. Or, to be more accurate, where this doesn’t end, ever.

~   ~   ~

Update: The ROK Government now says that it is mulling “appropriate” measures to protect its citizens from similar incidents in the future, but that those measures will not include preventing more launches.

“As we said previously, there is no legal ground or relevant regulation to forcibly block the leaflet scattering as it is a matter to be handled by civilian groups on a voluntary basis,” he said at a press briefing. “The government, which is in charge of the safety and security of our people, will instead push for appropriate steps to deal with the matter.”

This is a more promising direction. Under U.S. constitutional law, the government can lawfully place reasonable restrictions on the time, place, and manner of speech that’s protected under the First Amendment.

If Korean courts interpret the ROK Constitution similarly, and if the ROK Government were to restrict the FFNK from launching from populated areas or near military installations, that might be constitutional, would allow the launches to continue, would avoid rewarding a violent response to non-violent speech, and might also reduce the risk that North Korean attacks would harm bystanders.

Just remember this: Park and the FFNK are South Korean citizens, too.

Park Sang Hak is a very brave man.

Park and the Fighters for a Free North Korea, most of whom are North Korean refugees, ignored a letter from Pyongyang to the office of South Korea’s President that, according to Yonhap, “alluded to retaliation” against their next leaflet balloon launch:

Defying the warning, 10 activists from Fighters for Free North Korea launched 10 big balloons carrying 200,000 anti-North Korea leaflets into the sky in Paju, north of Seoul.

The waterproof leaflets contain messages denouncing the three-generation power transfer in the North as well as the dire economic situation, while praising South Korea’s economic prosperity. [Yonhap]

They also ignored a warning from the South Korean government about the safety risks, and a request from the Unification Ministry not to go through with the launch. Park’s reaction was defiant.

“In spite of any threat or warning from the North, we will continue sending letters of truth until the North Korean people achieve liberalization,” the activist group’s chief, Park Sang-hak, said during the leaflet campaign.

As much as I admire Park’s uncompromising courage, I also worry about him enough to think he should compromise it just slightly, by being more cagey about launch times and places. The North Koreans have already made one attempt on his life, and I wouldn’t put it past them to shell a launch site. Nor would I put it past South Korean “progressives” to blame Park for the attack and its consequences. They want the government to censor Park:

“Sending anti-Pyongyang leaflets constitutes a dangerous act that devastates peace on the peninsula,” said an activist from the Korea Alliance of Progressive Movements.

You can call the Korean left many things, but “liberal” isn’t one of them.

At times, I’ve wondered what effect Park’s leaflets could possibly have, especially when most of them probably aren’t even found, much less read. One thing that Pyongyang’s reaction to Park tells me is that he must be having some effect. It wouldn’t issue threats like these and send assassins to kill Park if it wasn’t afraid of his message.

Travel in N. Korea “feels incredibly safe,” says tour company whose customer just got 6 years hard labor.

In a proceeding that took just 90 minutes — about as long as most arraignments I’ve done — North Korea’s “Supreme Court” has sentenced American tourist Matthew Todd Miller to six years of hard labor for “entering the country illegally and trying to commit espionage.” The AP omits the State Department’s easily accessible finding that North Korea’s “judiciary was not independent and did not provide fair trials,” but adds the amusing detail that Miller waived his right to a North Korean lawyer.

It also adds the interesting and new (to me) details that Miller “admitted to having the ‘wild ambition’ of experiencing prison life so that he could secretly investigate North Korea’s human rights situation,” and “claimed, falsely, that his iPad and iPod contained secret information about the U.S. military in South Korea.” Or so say the North Korean “prosecutors.”

It isn’t clear what gave Miller the notion that he would be housed in the same conditions as North Korean political prisoners, but it’s a safe bet that he won’t be gassed to test a chemical weapon, forced to dig his own grave and beaten to death with a hammer, killed for trying to eat a guard’s whip or eating chestnuts off the ground, or drowned in a waste pond. Or raped and murdered. Or made to race next to a modern-day “parachutist’s wall” for the amusement of his guards.

Also, I wonder who’ll break it to Miller that someone else has already written a book about conditions in North Korea’s Gulag Lite, the North Korean analogue to a “country club” prison.

In prison, Miller will join fellow American Kenneth Bae. A third American tourist, Jeffrey Fowle, has not yet been formally tried and sentenced. The Rev. Kim Dong Shik, a lawful permanent resident whom North Koreans abducted from China and brought to North Korea in 2000, is unavailable for comment.

The consensus view of North Korea’s motive for sentencing Miller to hard labor, rather than giving him a good smack on the side of his head and putting him on the next flight out, is that it is political. That is, Pyongyang is using its American hostages to force the U.S. government into talks about aid, diplomatic recognition, sanctions relief, and de facto recognition of North Korea as a nuclear state. As even the AP concedes, “North Korea has a long history of attempting to use American detainees to win attention and concessions from Washington, which insists Pyongyang must give up its nuclear ambitions before relations can be normalized.”

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

~   ~   ~

This morning, out of curiosity, I went to the web site of Uri Tours,* the company that sold Miller his overpriced tour of North Korea, and found this:

Screen Shot 2014-09-14 at 9.51.15 AM

[Plaintiff’s Exhibit A, accessed September 14, 2014.]

The U.S. State Department takes a very different view of whether travel in North Korea is safe:

Screen Shot 2014-09-14 at 9.53.54 AM

[Plaintiff’s Exhibit B]

Imagine a company in America selling asbestos pajamas with “feels incredibly safe!” printed on the packaging. Gleeful personal injury lawyers would line up outside the store with clipboards to sign the purchasers’ families up for contingency-fee retainer agreements.

Perhaps an equally lucrative strategy would be to do the same at the Capital Airport in Beijing, at the gate where the Air Koryo flights leave for Pyongyang. Off-hand, I can’t think of a case of a company as negligently — even fraudulently — inducing a customer into buying an unsafe product without adequate safety warnings. The American Bar Association has written about the potential liability of travel agents** to their customers for placing them in dangerous situations:

The travel agent is considered the legal agent of the travel service provider for the product that is sold. That is, the travel agent is employed by or acts on behalf of the transportation companies. However, the recent growing trend is for courts to find that agents owe a fiduciary duty to the customer, that is, the travel agent is the legal agent of the customer, as well as being the legal agent of the provider of travel. This dual agency status of being an agent for both the traveler and the provider of travel has continued to grow as travel agencies have relied less and less on the business customer and more on the leisure market.

Generally, in the United States, a travel agent is liable for injuries caused to the traveler if the agent did not act with due diligence in investigating the safety of the provider of travel that is acting as its principal. Potential travelers in the leisure market (as opposed to business travelers) rely on the travel agent’s expertise and special knowledge of the cruise ship or hotel or resort that they are booking. In this situation there is a higher standard of care owed by the travel agent to the customer.

Of course, Miller’s alleged acts would be appear to be those of an unstable person. Could Uri be held liable for under such circumstances? If Uri owed Miller a fiduciary duty, it might have had a duty to make reasonable inquiries about his mental stability and his intentions on arriving in North Korea, and to refuse to sell tours to a person likely to endanger himself. Uri Tours, which seems to betray its own concerns about liability, is saying that it made those inquiries:

Uri Tours, the New Jersey-based company that organized Miller’s trip, said they assisted him in designing a custom tour. [L.A. Times, Steven Borowiec]

Well …. You can’t deny that Miller is now experiencing an aspect of life in North Korea that few tourists will ever see. Miller is, or so the usual cliches go, getting “a rare glimpse” and “exclusive access” to an places that few Westerners will be allowed to see. Indeed, ever since the AP gained exclusive access to Pyongyang, it has been relatively rare for them to write about that aspect of life in North Korea.

I could go on: Miller’s visit has opened new doors for foreigners in North Korea! (… and then locked them securely behind him). His visit has resulted in new diplomatic contacts! (… through the Swedish protecting power.) He has made new people-to-people contacts! (… through the food tray slot in his cell door.) He has given North Koreans new insight into life in America! (His interrogators report that we’re decadent, unpatriotic, and mentally unbalanced.)

Uri Tours chief executive Andrea Lee said that as a result of Miller’s arrest and detention, the company has instituted new measures to more thoroughly screen passengers before their tour. She said Uri Tours now routinely requests secondary contacts from prospective travelers and reserves the right to contact those references to confirm facts that are in question.

I can hardly wait to see what “new measures” Uri Tours will take to protect the safety of its customers. Not sending them to North Korea comes to mind. Meanwhile, the deceptive assurance that travel in North Korea is safe remains on Uri’s site, months after Miller’s arrest.

“Although we ask a series of tailored questions on our application form designed to get to know a traveler and his/her interests, it’s not always possible for us to foresee how a tourist may behave during a DPRK tour,” Lee said via email, using the initials for the nation’s formal name, the Democratic People’s Republic of Korea.

Or, a court could find that tours of North Korea are, in light of past history, so inherently dangerous as to impose even greater legal duties on Uri and other tour companies.

No doubt, Uri had its customers sign liability waivers. Having reviewed dozens of such waivers and researched how state law treats them, I have a dim view of the legal protection they provide. While a signed waiver might be helpful to Uri’s defense, it would not provide a complete defense, especially if a court found that Uri’s warnings were negligent or knowingly deceptive.

I can already see the TV commercials: Have you been sentenced to hard labor in North Korea? Call the law firm ….

But of course, when Americans book tours of North Korea, Americans are the least likely to be the ones who suffer for it. You really have to be a soulless imbecile to do something as morally negligent as putting dollars into Kim Jong Un’s pocket.

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Update: This post was edited after publication.

~   ~   ~

Update 2: Welcome, Washington Post readers.

~   ~   ~

* In Korean, “Uri” means “our,” and in contemporary Korean society, has a strong ethno-nationalist connotation. For example, “Uri” was also the name of the left-wing nationalist political party of former President Roh Moo Hyun, who held office from 2003 to 2008, and who increased aid to North Korea dramatically. In his memoir, former Secretary of Defense Robert Gates described Roh as “anti-American” and “a little crazy.” In 2009, Roh committed suicide by leaping to his death from a cliff.

~   ~   ~

** Because North Korea is no longer listed as a state sponsor of terrorism, it is immune from suit under the Foreign Sovereign Immunities Act, even for acts that are transparently meant to use Americans as hostages to win diplomatic concessions. It would lose this immunity and become subject to suit, if it is re-listed as an SSOT because of its detentions of American citizens.

Tonight, on The John Batchelor Show, Bruce Bechtol will discuss North Korea’s …

terrorism, proliferation, and policy responses to both.

Bechtol, as you recall, testified as an expert in the Kaplan v. DPRK case that found North Korea liable for sponsoring the Hezbollah rocket attacks that injured the civilian plaintiffs. Judge Lamberth cited both Bechtol’s testimony and his book, The Last Days of Kim Jong Il, in his Memorandum Opinion.

The interview will air at 11:15 p.m. Eastern Time in Washington, and at other times in other areas, on this station. You can also listen to recorded broadcasts of the show here, which you should, for another good reason — Gordon Chang often co-hosts the show.

I don’t care for most talk radio, frankly, but Batchelor’s show is always intelligent, always has insightful guests, and never harangues. You may or may not agree with its perspective, in the same way that I don’t agree with NPR’s perspective, but still find its content redeeming. Batchelor’s show is NPR for conservatives, only without the government funding.

Victor Cha and Gabriel Scheinmann on North Korea’s links to Hamas

“While there is, as of yet, no smoking-gun evidence that North Korea assisted Hamas directly in constructing its tunnels, the evidence is very suggestive.” [link]

It’s almost as if the Bush Administration’s decision to remove North Korea from the list of state sponsors of terrorism encouraged it to sponsor more terrorism.

~   ~   ~

Update: Related thoughts from Don Kirk.

Only terrorists make hostage videos, and North Korea just made a hostage video

… of three Americans it is holding for “crimes” that wouldn’t be cognizable as such anywhere else on earth. 

All three men said they hope the U.S. government will send an envoy to North Korea to help get them out of their situations, similar to how former President Bill Clinton helped secure the release of two journalists in 2009. [CNN]

At which point, Pyongyang will present its demands. Former President George W. Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. Since then, President Obama has seen no reason to reverse that misjudgment.

It’s time to ban tourist travel to North Korea.

~   ~   ~

Update: Speculation about what those demands might be focuses, naturally, on North Korea’s demand to be recognized as a nuclear state:

“Their negotiating ploy with the U.S. is to try to get us to agree to nuclear arms control, to sort of accept them as a nuclear weapons state — which we can’t do,” Michael Green of the Center for Strategic and International Studies said on CNN of Pyongyang’s motivations.

[….]

“First of all, their motivation always behind these interviews has been to gather U.S. attention and then try to pave a way for high-level dialogue with Washington,” Ellen Kim of the Center for Strategic and International Studies also told CNN.

Victor Cha, chief analyst on Korea at the Center for Strategic and International Studies (CSIS) who had served as a director for Asian Affairs at the National Security Council, also said that the North appears to want a package deal with the U.S.

“My guess is the fact that all three of them were put on tape for an American audience on Labor Day as a signal from the North Koreans that they’re looking for some sort of package deal to try to get them all out,” Cha said. “Whether they’re trying to connect this to the long-stalled nuclear negotiations is anybody’s guess.” [Yonhap]

But for now, despite rumors of a secret visit by a U.S. envoy to Pyongyang, the White House says “that Pyongyang must demonstrate its denuclearization commitment through action if it wants to reopen negotiations with the U.S.”

How terrorism works: N. Korea uses Japanese hostages to censor “The Interview”

Last week, I wrote that the North Koreans who had unwittingly lavished free publicity on “The Interview” by threatening its makers still had a thing or two to learn from the mobs of angry Muslim extremists who extorted President Obama into asking YouTube to “consider” removing “The Innocence of Muslims.”

My judgment may have been premature. Film industry trade journals are now reporting that Sony Pictures Japan has demanded changes to the script of “The Interview” to minimize the offense against His Porcine Majesty. If true, the report suggests that North Korea has successfully used its kidnapping of Japanese civilians from their own country to demand — and get — the censorship of a mass-marketed film parodying its dictator:

The film, about a pair of TV journalists recruited by the CIA to assassinate the North Korean despot, has become a hot potato for the studio, which is owned by Japan’s Sony Corp. (the country recently has taken steps to ease tensions with its enemy to the West after decades of icy relations). Sources say the studio is considering cutting a scene in which the face of Kim Jong Un (played by Randall Park) is melted off graphically in slow motion. Although studio sources insist that Sony Japan isn’t exerting pressure, the move comes in the wake of provocative comments from Pyongyang that the film’s concept “shows the desperation of the U.S. government and American society.” (Directors Rogen and Evan Goldberg are in fact Canadians.) An unofficial spokesperson for the rogue nation took issue with the satirical depiction of the assassination of a sitting world leader and on July 17 asked President Barack Obama to halt the film’s release.

It is unlikely that North Korea is just now catching wind of the film’s hot-button storyline given that THR first wrote about The Interview and its plot in March 2013 (Dan Sterling wrote the screenplay). What’s more likely irking Kim Jong Un — a noted film buff, like his father — is the use of the military hardware, which can be seen in the film’s first trailer released in June.

A source close to Sony’s decision-making says the move to alter the hardware was precipitated by “clearance issues,” particularly because it involves a living person, Kim Jong Un. [The Hollywood Reporter]

The website Firstshowing.net is denying that these changes are due to pressure from Sony Japan, but why else would Sony make this change other than because of North Korean objections?

Some of the changes reportedly come at the behest of Sony Japan, in the interest of improving and maintaining relations with its nearby neighbor. The face-melting scene is reportedly being judged for comic value, but who actually believes that it might be cut at this point for any reason other than keeping North Korea happy? [Slashfilm]

The next question is why Sony Pictures Japan even cares what Kim Jong Un thinks. The answer is almost certainly ransom. If not for a recent ransom deal between Pyongyang and Tokyo, in which Tokyo agreed to relax sanctions in exchange for Pyongyang’s agreement to “investigate” the whereabouts of the Japanese abductees, there would be no reason for anyone pay attention to North Korea’s bluster.

In the years preceding October 11, 2008, it had been the U.S. government’s view that North Korea’s kidnapping of Japanese citizens (including a 13 year-old girl) from their own country was terrorism, and that its continuing captivity of these hostages (not all of them Japanese) was one of several reasons to list North Korea as a state sponsor of terrorism. In April of 2006, President Bush met with the mother of that girl, calling it “one of the most moving meetings since I’ve been the President here in the Oval Office.”

But North Korea is an accomplished exceptionalist to the rules that the rest of humanity lives by, and just two years after that meeting and Bush’s implied promise to the mother, Sakie Yokota, Kim Jong Il cajoled Bush into removing it from the list and lifting some powerful financial sanctions that may have brought his regime to the brink of extinction, and that might well have forced North Korea to let the abductees go.

Suddenly, and with a brazen mendacity not seen since Moscow in the 1930’s (except, of course, in Pyongyang), it became the official position of the U.S. Department of State that North Korea was “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” (The statement would become more difficult to defend with the passage of time, as North Korea was caught selling arms to Hamas and Hezbollah, and launched a campaign of poison-needle assassinations of human rights activists and North Korean exiles.)

The unintended consequences of Bush’s reversal have continued right up to this year, and include a decision by an impatient Japanese government to unilaterally lift sanctions against North Korea as an initial ransom payment for the return of its people. The Obama Administration, which paid little mind to Japan’s pleas for U.S. support on the abduction issue, has reacted to this with justifiable alarm. Japan’s relaxation of sanctions not only rewards terrorism, it weakens a regional security alliance against Pyongyang, and relaxes the economic pressure that is its last slender hope to disarm Pyongyang of its nuclear arsenal.

Although Pyongyang has delivered little so far in admitting to the whereabouts of the missing Japanese, there have been rumors in the Japanese press that its demands were not all financial. It has demanded, for example, the return of the headquarters of Chongryeon, the North Korean front organization in Japan that had a hand in the kidnappings of Japanese, and which had been seized for non-payment of taxes. It is also rumored to have used its business relationships with Japanese media companies to suppress the views of critics of North Korea’s human rights atrocities.

So it always goes when governments and businesses are tempted into intercourse with Pyongyang. The patron is expected to pay exorbitantly for a brief and unsatisfying rut, and in the end, it is never Pyongyang that is seduced — or infected — by the exchange.

The fact that “The Interview” is likely of dubious artistic merit is beside the point. If North Korean censorship has arrived at a multiplex near you, that’s pernicious, and may be the best reason yet to boycott the film.

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Update: This post was edited after publication.

Report: North Korea is selling rockets to Hamas

“Western security sources” have told The Telegraph that Hamas has struck a deal with North Korea to purchase communications equipment, and to replenish its stock of rockets to fire at civilian targets in Israel.

Security officials say the deal between Hamas and North Korea is worth hundreds of thousands of dollars and is being handled by a Lebanese-based trading company with close ties to the militant Palestinian organisation based in east Beirut.

Hamas officials are believed to have already made an initial cash down payment to secure the deal, and are now hoping that North Korea will soon begin shipping extra supplies of weapons to Gaza.

If “Western security sources” know this much, then they must also know the name of the bank that processed the transaction. If the bank did so knowingly, and if the United States has personal and subject matter jurisdiction over its officers, they may have violated Executive Order 13551. Even if the bank simply overlooked its “know-your-customer” due diligence, it could get Alderaaned.

“Hamas is looking for ways to replenish its stocks of missiles because of the large numbers it has fired at Israel in recent weeks,” explained a security official. “North Korea is an obvious place to seek supplies because Pyongyang already has close ties with a number of militant Islamist groups in the Middle East.”

Using intermediaries based in Lebanon, Hamas officials are said to be intensifying their efforts to sign a new agreement with Pyongyang to provide hundreds of missiles together with communications equipment that will improve the ability of Hamas fighters to coordinate operations against Israeli forces.

North Korea has long been suspected of helping Hezbollah dig a network of tunnels throughout its territory in southern Lebanon (Page 22). Apparently, it has done the same for Hamas.

Israeli military commanders supervising operations against Gaza believe North Korean experts have given Hamas advice on building the extensive network of tunnels in Gaza that has enabled fighters to move weapons without detection by Israeli drones, which maintain a constant monitoring operation over Gaza.

The North Koreans have one of the world’s most sophisticated network of tunnels running beneath the demilitarised zone with South Korea, and Israeli commanders believe Hamas has used this expertise to improve their own tunnel network.

The Telegraph report also bolsters suspicions, raised in this recent U.N. Panel of Experts report, that Hamas’s 333-millimeter rockets might have North Korean fuzes.

More on North Korea’s support for terrorism at this post, where I noted earlier this week that federal District Court Judge Royce Lamberth had found North Korea liable for supporting Hezbollah rocket attacks against Israel.

All in all, it’s been a rough week for the State Department’s official position that North Korea “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.”

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008, to reward it for promising to completely, verifiably, and irreversibly dismantle its nuclear weapons programs.

During the Obama Administration, North Korea has carried out two nuclear tests, multiple missile tests, two attacks on South Korea, and a spate of attempted and effected assassinations against critics of its regime, yet President Obama has seen no cause to reverse President Bush’s decision.

Discuss among yourselves.

 

Update: Benjamin Young has more on North Korea’s arms sales to Palestinian terrorists, here.

Federal judge finds N. Korea liable for terror sponsorship

Judge Royce Lamberth of the U.S. District Court for the District of Columbia has found North Korea liable in the case of Kaplan v. Central Bank of Iran for supporting Hezbollah rocket attacks that injured Israeli civilians like Michael Fuchs. According to the Complaint:

34. On July 13, 2006, at approximately 14:30, plaintiff Michael Fuchs was driving his car in Safed when a rocket filed by Hezbollah at Safed struck nearby. Massive amounts of shrapnel penetrated Fuchs’ car and caused him severe injuries. Fuchs lost large quantities of blood, lost consciousness and was rushed to the intensive care unit of Rebecca Ziv Hospital. Fuchs’ throat was slashed as a result of the explosion and his right hand remains completely paralyzed. Fuchs has been permanently disabled. He is unable to work and relies on intensive and expensive medical treatments on an on-going basis. 

The court’s decision finds North Korea responsible for supporting Hezbollah’s attacks:

The Court finds by clear and convincing evidence that Hezbollah carried out the rocket attacks that caused plaintiffs’ injuries and that North Korea provided material support. Prior to July 12, 2006, North Korea provided Hezbollah with a wide variety of material support and resources, within the meaning of 28 U.S.C. § 1605A. This material support included professional military and intelligence training and assistance in building a massive network of underground military installations, tunnels, bunkers, depots and storage facilities in southern Lebanon. Moreover, North Korea worked in concert with Iran and the Syria to provide rocket and missile components to Hezbollah. North Korea sent these rocket and missile components to Iran where they were assembled and shipped to Hezbollah in Lebanon via Syria. These rocket and missile components were intended by North Korea and Hezbollah to be used and were in fact used by Hezbollah to carry out rocket and missile attacks against Israeli civilian targets. Between July 12, 2006 and August 14, 2006, Hezbollah fired thousands of rockets and missiles at civilians in northern Israel. As a result of North Korea’s provision of material support and resources, Hezbollah was able to implement and further goals shared by Hezbollah and North Korea. [Memorandum Opinion, July 23, 2014]

More on this story at The Miami Herald, and Yonhap, which makes the silly observation that, “Even if damages are awarded, however, there is no chance that North Korea will agree to pay.” Hey, I’m no lawyer — oh, wait, I am a lawyer; I’ve been handling criminal or civil litigation in the federal courts for almost 20 years — but isn’t “judgment” that thing where someone gets to take your money away from you even if you don’t want them to? Assuming they can find your money, anyway? It is, as I sometimes tell my children, mandatory, not optional.

As in other civil litigation against North Korea in U.S. courts, North Korea did not appear to defend itself.

The decision’s detailed findings of fact about North Korea’s recent and extensive sponsorship of terrorism will be another humiliation for the State Department, which takes the obtuse and factually risible position that North Korea is not known to have sponsored any acts of terrorism since 1987.

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. Discuss among yourselves.

The fact that Royce Lamberth made these findings will make them harder to ignore. Lamberth is one of the most experienced, respected, and feared judges on the federal bench. I’ve seen some of the Justice Department’s best litigators stricken with panic upon hearing of the assignment of a weak (for us) case to Judge Lamberth. And for good reason.

The Kaplan Complaint contains detailed allegations about North Korea’s long history of material support for Hezbollah (start at para. 22). The Congressional Research Service has documented North Korea’s support for Hezbollah both before and after the 2006 attacks (page 17, page 22). The degree of that support accelerated substantially after that. On December 15, 2009 — three days after the Kaplan Complaint was filed — a chartered Il-76 transport aircraft was intercepted at Bangkok and found to be filled with weapons on their way from North Korea to Iran, including man-portable surface-to-air missiles (see figure XVIII). It was the year’s third seizure of North Korean weapons believed to be on their way to Middle Eastern terrorists, including Hamas and Hezbollah. Previous incidents included the seizure of a container from the ANL Australia, and the Israeli Navy’s interception of the M/V Francop, which was carrying weapons (including 122-millimeter rockets) to Syria (see para. 108).

Obviously, none of the weapons in those latter shipments were used in any of the 2006 attacks that injured the Kaplan plaintiffs, but they are part of a long-standing pattern of North Korean support for terrorism. Given Hezbollah’s deep involvement in the Syrian Civil War, North Korea’s weapons are probably killing Syrian civilians now, rather than their intended Israeli targets.

The decision is the second decision by a federal judge finding North Korea liable for the sponsorship of terrorism. In 2010, the U.S. District Court for the District of Puerto Rico found North Korea liable for sponsoring the Japanese Red Army’s 1970 attack against Puerto Rican religious pilgrims at Lod Airport, Israel. Since then, the plaintiffs have been in litigation, trying to collect their $370 million judgment from U.S.-based accounts that may contain North Korean assets.

Ordinarily, foreign governments are immune from suit, but after the September 11, 2001 attacks, Congress created an exception to the Foreign Sovereign Immunities Act for states that were, at the time of the acts complained of, listed as sponsors of terrorism (or that were later listed for the same acts complained of in the suit). Prior to October 11, 2008, both Iran and North Korea were listed.

The next step in this case will be the appointment of a special master to apportion damages to the various plaintiffs.

 

Update: This post was edited after publication, for extra sarcasm.

Update 2: Some background on Judge Lamberth, explaining his reputation for having a “low tolerance for incompetence.”

POE Part 2: Terrorist rockets that landed in Israel may have had N. Korean fuses

When the Syria collapsed into civil war in 2011, Hamas and other Sunni Palestinians broke with their sponsors in Damascus for sectarian reasons, while Hezbollah sent troops to defend the Assad regime. But in 2009, before the civil war, Assad and his own backers in Iran armed both Hamas and Hezbollah.

The year 2009 was a big one for interceptions of North Korean weapons bound for Iran and its terrorist clients. The UAE found rocket propelled grenades and explosives inside a container aboard the ANL Australia, and authorities in Bangkok seized a massive shipment of arms, including man-portable surface-to-air missiles, from the hold of a chartered Il-76 cargo plane in Bangkok.

Now, we learn from last week’s POE report that the Israelis also intercepted a third shipment on its way to Syria that year:

108. The Panel recently obtained information indicating that some items found in a large arms consignment (500 tons) shipped by the Islamic Republic of Iran to the Syrian Arab Republic in November 2009 may have originated from the Democratic People’s Republic of Korea. This consignment was found by the Israeli Navy inside containers onboard the vessel Francop when en route from Damietta, Egypt, to Lattakia, Syrian Arab Republic.62 It was considered to be a violation by the Islamic Republic of Iran of resolution 1747 (2007) prohibiting it from exporting any arms or related materiel.

The rockets and their markings bore strong similarities to the weapons seized at Bangkok and Abu Dhabi, leading the POE to conclude that it was “highly likely” that the weapons found aboard the Francop were produced in North Korea, too.

Israel’s Foreign Minister had previously said that the arms in the Bangkok and Abu Dhabi shipments were bound for Hamas or Hezbollah. The Francop shipment fits the same M.O. and looks like a glimpse of the same pipeline, further down the line. It’s curious that the Israelis didn’t report their interception at the time, given that both Thailand and the UAE were transparent about the shipments they seized. That’s particularly true in light of this newly revealed evidence that some North Korean weapons made it into the hands of Hamas, and were actually fired into Israel.

111. The Panel recently also obtained a photograph of remnants of a 333 mm FAJAR rocket launched at Israel in November 2012. It notes that the remnants of the rocket’s fuse present some similarities with fuses produced in the Democratic People’s Republic of Korea previously seized.65 Here again, because the date of its transfer and the chain of custody are unknown, the Panel cannot determine whether there could be a violation of the arms embargo.

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. Discuss among yourselves.

You can find a photo of a Fajar (a/k/a Fajr) at this Flickr page, and as you’ll see, it’s a big rocket. Among the many things I’ve never understood about the pro-Israel groups that exercise substantial political influence on the Hill is why they’ve never backed North Korea sanctions as a core security interest of Israel. There’s little question that North Korea tried to give Syria a nuclear bomb, or that it has contributed to Syria’s development and use of chemical weapons. It gave both Iran and Syria the capability to hit Israel with ballistic missiles. There are growing suspicions that it has given assistance to Iran’s nuclear program.

In a way, the revelation that North Korea has assisted terrorists with the relatively primitive Fajr-5 is less shocking than what we already know. But the fact that this technology has been used to strike Israeli territory certainly highlights both the threat to Israel and North Korea’s recklessness about the end uses of the weapons it proliferates.

N. Korea threatens S. Korean media over Ri Sol Ju sex tape report

As Kim Jong Un’s reign approaches its second anniversary, it’s becoming more difficult to draw the line between truth and parody. Radio Australia offers some tantalizing details about that dubious-sounding, thinly sourced report that a North Korea executed a group of entertainers for making sex tapes:

Asahi said the rare execution of state performers, including a singer rumoured to be Kim’s ex-girlfriend, had been ordered to squash rumours of Ri’s decadent lifestyle while she was an entertainer.

It said police had secretly recorded conversations between the entertainers, who said “Ri Sol-Ju used to play around in the same manner as we did”. The source for the Asahi report was a “high-ranking North Korean government official who recently defected”.

[….]

The North’s state news agency KCNA said the reports were the work of “psychopaths” and “confrontation maniacs” in the South Korean government and media.

“This is an unpardonable, hideous provocation hurting the dignity of the supreme leadership,” KCNA said in a commentary. “Those who commit such a hideous crime…will have to pay a very high price,” it warned.

North Korea was removed from the list of state sponsors of terrorism on October 11, 2008. Discuss among yourselves.

But the good news is that South Korea is politely telling the North to shut it:

“Recent attacks by the North on South Korean news reports, though not new, is not a desirable development and must be stopped if inter-Korean relations are to move forward,” said South Korea’s unification ministry spokesman, Kim Eyi-do. [Yonhap]

The only way Kim Jong Un’s reign could become even more of a tragic self-parody would be if a Ri Sol Ju sex tape found its way to the internet. (Just imagine the North’s reaction to that!) Highly respected scholars and intelligence analysts from Farragut West to Chong-ro would lock themselves in their offices and emerge 30 minutes later, after clearing their browser histories.

Someone needs to track down that tape to prove or disprove this story once and for all. You know, for peace or something.