Kim Jong-Un’s party yachts aren’t just a joke. They’re a crime.

Starting at Paragraph 493 of its landmark report, a U.N. Commission of Inquiry extensively documented Pyongyang’s denial of the right of its citizens to food, both during and since the Great Famine killed at least hundreds of thousands of people, and possibly millions, in the 1990s. Although there have been reports of microfamines in North Korea as recently as 2012, for the most part, the story of North Korea’s food crisis for the last decade and a half has been one of gross inequality and widespread hunger, but not mass casualty famine. A small elite lives in luxury in Pyongyang, between 70 and 84 percent of the people barely scrape by, and most people who still starve to death do so out of sight and out of mind.

Surveying the current state of North Korea’s chronic hunger problem, Stephan Haggard and Marcus Noland find that although this year’s drought did not plunge North Korea back into famine as some predicted, harvests are sharply down. They conclude that “the food situation may be trending back to the North Korean normal of low-level shortages,” and that “chronic, low-level shortages and unequal distribution generating nutritional deficits among the vulnerable, even as Pyongyang thrives.” Currently, a two-year, $200 million U.N. food aid program targeting 2.4 million vulnerable women and children is nearing its end. Two weeks ago, Pyongyang asked the U.N. for more food aid, but the donors are staying away in droves. The crisis in Syria explains this in part. This may be another partial explanation:

North Korean supreme leader Kim Jong Un toured a recently completed luxury river cruiser in Pyongyang and named it “Mujigae” (rainbow), state media said on Monday.

The multi-floor vessel, spotted under construction by NK News in September last year, contains restaurants, bars, a coffee shop, roof deck and even sushi-conveyor belt-style dining area, pictures published in Monday’s Rodong Sinmun showed.

Kim Jong Un “appreciated the installation of a peculiar round lift and the construction of round stairs, adding that the revolving restaurant on the third floor looks spectacular and it is fantastic to command a bird’s-eye view of Pyongyang from it,” the KCNA said about his visit.

The vessel, which KCNA said could serve up to 1,230 guests in facilities distributed over four stories, was ordered by Kim Jong Un to start service before October 10.

October 10 is the 70th anniversary of the founding of the Workers Party of Korea (WPK) and is expected to be a major celebration. [NK News]

Pyongyang also posted this video of His Porcine Majesty touring the new floating restaurant.

And of course, this isn’t his only party yacht. Dennis Rodman offered this remembrance a few years ago:

“It’s like going to Hawaii or Ibiza, but he’s the only one that lives there,” Rodman said. “He likes people to be happy around him.

“He’s got 50 to 60 around him all the time – just normal people, drinking cocktails and laughing the whole time.

“If you drink a bottle of tequila, it’s the best tequila,” he added. “Everything you want, he has the best.”

Kim’s 200-foot yacht is a “cross between a ferry and a Disney boat,” Rodman said. [The Telegraph]

In 2010, the Italian manufacturer Azimut-Benetti reported to the authorities a suspicious attempt to purchase two yachts, which turned out to have been on North Korea’s behalf, and almost certainly for the use of Kim Jong-Il or Kim Jong-Un. Undeterred, Kim Jong-Un successfully purchased two yachts from the British manufacturer Princess, at a reported cost of $7 million each. Earlier this year, a U.N. Panel of Experts monitoring compliance with sanctions on North Korea, which prohibit it from importing luxury items, reported on the purchase as a possible violation of the luxury goods ban (pages 42-43). The panel’s report stated that it could not advance its investigation due to a lack of cooperation from Princess Yachts (and presumably, the U.K. government).

It is typical of online accounts to treat Kim Jong-Un’s extravagances like a big joke, occasionally tinged with racism. On a certain level, satire is an effective way to criticize absurd and inhumane policies — if it goes beyond pointing and tittering. Most of those accounts refer, if obliquely, to the stunting and stultifying poverty and hunger of millions beyond the sight of the lens. Almost none of them also call this what it is — a crime.

Human rights law is agnostic about what kind of economic system a state must adopt, but regardless of the kind of system it chooses, every state has an obligation to give its people basic nutritional security. The Commission of Inquiry cited North Korea’s failures of both omission and commission. By the 1990s, it had become clear to North Korea’s leaders that their food production and distribution system couldn’t provide for the people, yet it has failed to reform the system, institute land reform, or broadly open the economy to trade and investment. It has willfully obstructed the delivery of aid and confiscated food supplies and aid from those who needed it most. In other cases, it has tolerated the theft of food supplies by hungry soldiers. It has punished those to tried to flee to neighboring provinces, or across international borders, to find food. It has inhibited the people from adopting effective coping strategies, such as private agriculture and trade in the markets.

Its most obscene offense against the right of food, however, may be what the Commission calls the “non-utilization of maximum available resources” — that is, squandering the nation’s wealth on luxuries and weapons instead of the food necessary to save millions from a prolonged and agonizing death:

637. Article 2 (1) of the ICESCR states that “each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures” (emphasis added).

638. The concept of “progressive realization” describes a central aspect of states’ obligations in connection with economic, social and cultural rights under international human rights treaties. At its core is the obligation to take appropriate measures towards the full realization of economic, social and cultural rights to the maximum of a state’s available resources. The reference to “available resources” reflects a recognition that the realization of these rights can be hampered by a lack of resources and can be achieved only over a period of time. Equally, it means that a state’s compliance with its obligation to take appropriate measures is assessed in light of the resources, financial and otherwise, available to it.  However, the concept of progressive realization must not be misinterpreted as discharging the state from any obligations until they have sufficient resources. On the contrary, the treaties impose an immediate obligation to take appropriate steps towards the full realization of economic, social and cultural rights. A lack of resources cannot justify inaction or indefinite postponement of measures to implement these rights. Irrespective of the resources available to it, a state should, as a matter of priority, seek to ensure that everyone has access to, at the very least, a minimum level of rights, and target programmes to protect the poor, the marginalized and the disadvantaged. A state cannot plead resource constraints to justify its failure to ensure minimum essential levels of socio-economic well being, including freedom from hunger, unless it can demonstrate that it has used all the resources at its disposal to give priority to essential economic and social needs.

639. Based on the body of testimony and submissions received, the Commission finds that the allocation of resources by the DPRK has grossly failed to prioritize the objective of freeing people from hunger and chronic malnutrition, in particular in times of mass starvation. The state has neither prioritized the purchase of the food necessary for the survival of many in the DPRK, nor investment in agriculture, infrastructure and other ways of improving the availability and accessibility of food in the country. FAO and WFP note that the continuous inability to achieve the official Government target of 573 grams of cereal equivalent per person per day in any given year points not only to issues of food availability, but also to broader supply chain constraints such as storage, transport and commodity tracking. 

640. Testimony and other information received by the Commission show that the DPRK continues to allocate disproportional amounts of resources on its military, on the personality cult of the Supreme Leader, related glorification events and the purchase of luxury goods for the elites.

Professor Lee and I wrote about Pyongyang’s willful refusal to feed its people and its criminal responsibility for the Great Famine here, in The New York Times. So when Pyongyang’s diplomats — and its apologists here — blame sanctions for hindering North Korea’s development, or claim that they are a cause of hunger in North Korea, understand this for the lie that it is. The U.N.’s sanctions resolutions have broad exclusions for food and humanitarian supplies, and require sanctions to be administered so as to avoid adverse humanitarian impact. As recently as 2015, the U.N. Panel of Experts had “found no incidents where bans imposed by the resolutions directly resulted in shortages of foodstuffs or other humanitarian aid.” Current U.S. sanctions are narrowly targeted at approximately 80 North Korean entities involved in arms trafficking and weapons of mass destruction development. To the extent that they’ve had any ancillary effect on humanitarian operations, that’s only because Pyongyang requires aid agencies to use the same banks it uses for its prohibited arms trade. The apparent intent is to use its hungry as human shields for its weapons programs.

Even so, Pyongyang is free to import all the food — and for that matter, flat-screen TVs and jewelry, and missile carriers — it wishes to, from China. It simply chooses not to:

North Korean food imports from China continued to decrease in July, with figures remaining below their 2014 equivalents, according to the most recent trade figures from Chinese customs.

Imports of nearly all foods, as classified by trade groupings, appeared lower in July 2015 than in the same period last year.

 [….]

The news comes despite a long period of drought in North Korea that likely damaged harvest yields. The long running water shortage caused concern among the DPRK’s neighbors and numerous international aid agencies.

Russia, Iran and the World Food Program all upped their donations to North Korea to help mitigate the drought’s effects. [NK News, Leo Byrne]

I’ve argued that North Korea should not need food aid at all, and that it has more than enough resources to feed its people, but simply hasn’t chosen to do so. In 2013, for example, Chinese customs data showed that North Korea spent $644 million on luxury imports, including “high-end cars, TVs, computers, liquor and watches,” enough money to fund the World Food Program’s operations in North Korea for six years. This probably does not include the $300 million His Porcine Majesty spent on “leisure and sports facilities, including [a] ski resort.” In 2012 alone, it spent $1.3 billion on its ballistic missile program. As the Commission of Inquiry noted, it would cost Pyongyang next to nothing, in relative terms, to close that food gap.

644. Expert analysis presented to the Commission shows that a marginal redistribution of state military expenditure towards the purchase of food could have saved the population from starvation and malnutrition. According to economist Marcus Noland, based on the last FAO/WFP Crop assessment, the DPRK has an uncovered grain deficit of 40,000 metric tons. According to the International Monetary Fund, in September 2013, the price of rice was approximately USD 470 per metric ton and the price of corn was around USD 207 per ton.  Basing his analysis on United Nations data, Mr Noland estimates that the size of the DPRK economy was $12.4 billion in 2011.  He states that the reallocation of resources required to close the grain gap is therefore less than 0.02 per cent of national income. If the estimation that 25 per cent of national income is being used for the military is correct, then the grain shortfall could be addressed by cutting the military budget by less than 1 per cent. 

645. Marcus Noland further estimates that even at the height of mass starvation, the amount of resources needed to close the food gap was only in the order of USD 100 million to USD 200 million. This represented the value of about 5 to 20 per cent of revenue from exported goods and services or 1 to 2 per cent of contemporaneous national income. At the Washington Public Hearing, he stated,

“[W]hile the amount of grain needed to close the gap [during the 1990s famine] was much larger, the price of grain in the 1990s was much lower than it is now. So at the famine’s peak, the resources needed to close that gap were only on the order of a hundred to two hundred million dollars depending on how you analysed data. Even during the famine period, the North Korean government had resources at its disposal if it had chosen to use them, to maintain imports and avoid that calamity.”

This is just one of a whole range of deliberate policy choices that have — for decades — diverted resources away from importing food, inhibited the private growing of and trading in food, and hobbled foreign aid workers, most recently by expelling two of them. The grim conclusion seems inescapable that Pyongyang is willfully enforcing hunger. Kim Jong-Un’s yachts may be the most garish example of this, but they’re an indication of a much broader and more ruthless policy that won’t change until either the world or the North Korean people focus intense political pressure on the regime’s starvation of its people.