Oct 15, 2020

Watch Report No.25

 Watch Report No.25   September 8, 2020

§It’s Time for the Japanese Government to Take Advantage of the Wide-Spread Japanese Civil Society Support for a Northeast Asia Nuclear-Weapon-Free Zone rather than the Pursuit of a Preemptive Attack Capability against Enemy Bases
 
On June 24th, 2020, the Japanese Government decided at the National Security Council (NSC) to abandon plans to deploy the ground-based interception system “Aegis Ashore” in both Yamaguchi and Akita prefectures. In response to this decision, the Liberal Democratic Party (LDP) has begun heated debates, discussing possible alternatives to the Aegis Ashore system and “seeking to attain the military capability for a preemptive attack against foreign bases.”

On August 4th, the LDP’s Policy Research Council compiled Proposals for Improving Deterrence to Protect the People, [1] and submitted them to then Prime Minister Abe. The recommendation was that in order to protect against ballistic missile attacks, “new measures must be taken to improve deterrence,” including “the possession of abilities to block such missile attacks even within the enemy’s territory.” Although not explicitly written, it is implied that the ability to directly attack enemy bases should be considered.

However, this isn’t the first time such discussions have happened. In March 2017, the LDP’s same Policy Research Council stated in its Proposals for the Rapid and Drastic Strengthening of Ballistic Missile Defense [2], “Now that the threat of North Korea has entered a new stage …, the government should immediately start considering the ability to counterattack enemy bases, including by cruise missiles.” Later, the Medium-Term Defense Program, a formal agenda which was formulated with the 2018 Defense Program Guidelines, included the introduction of “stand-off missiles” that could respond to threats from outside the reach of other parties. Specifically, it was envisioned that JSM, LRASM, and JASSM stand-off missiles [3] would be mounted on F-15 and F-35A fighter planes. Fighters equipped with these missiles were to have the capability to attack enemy bases. The procurement of such missiles began in 2019. However, the 2018 Defense Program Guidelines, which describe the proposed use of stand-off missiles, do not mention enemy base attacks. Instead, they describe their usage against ships and landing parties attempting to invade Japanese islands.

On the other hand, the LDP’s proposal this time is trying to make it clear that missile facilities on enemy territorial ground can be targeted. Although the proposal emphasizes the attack will be done “within the scope of the peace Constitution, international law, and the concept of exclusive defense,” the true intent seems poised to break down the long-standing Constitutional framework of exclusively defensive defense, not only in terms of weapons systems, but also policies, doctrines, and operations. Following the August proposal, the government plans to revise its national security strategy by the end of the year – including new plans to strengthen its missile defense systems.

These recent moves by the LDP and Japanese Government were due to North Korea's repeated missile and nuclear tests from 2016 to 2017. The 2017 LDP proposal stated that "North Korea's nuclear tests and missile launches are a serious threat, and Japan cannot overlook such provocations, including 23 ballistic missile test launches and two nuclear tests last year.” On that basis, it stated, the following three points were requested to be considered as countermeasures.
1. Introducing new assets to strengthen ballistic missile defense capabilities
2. Acquiring Japan’s own capabilities to counterattack enemy bases
3. More adequately dealing with ballistic missiles launched into the Exclusive Economic Zone (EEZ).

Needless to say, the central pillar of the first request revolved around strengthening of the missile defense system via Aegis Ashore. Therefore, as long as plans to set up Aegis Ashore systems have been abandoned, it is almost inevitable that the second request, “acquisition of capabilities to counterattack enemy bases”, will be pursued as an alternative. It cannot be denied that this proposed strengthening of military power has China in mind. In fact, the proposal explicitly mentions China when discussing the changes in the balance of power and the uncertainty of the existing order that lead to the creation of the proposal in the first place.

What is categorically lacking in the LDP’s proposal is any perspective on the significant change in the international situation on the Korean Peninsula since 2018. An historic movement has begun to attain a nuclear-free and peaceful Korean Peninsula through negotiations based upon agreements at summits between North and South Korea, as well as between US and North Korea. Unfortunately, as we see a deadlock in such negotiations at this point in time, fresh political leadership is vitally needed to break the impasse and create momentum to advance the negotiations. Any proposal to the Government of Japan regarding the regional security at this moment should embrace the question as to what Japan can contribute to break the current impasse.

Given this critical situation, Japan's pursuit of capabilities to attack enemy bases amounts to nothing but a policy to further move Japan away from the confidence-building process that began in 2018. Moreover, it will make the opportunity for dialogue between Japan and North Korea even more difficult. What is needed instead at this historic moment is to communicate an attitude of cooperation – joining the denuclearization and peace movement on the Korean Peninsula – by harnessing the peaceful philosophies that have taken root in postwar Japan, such as the three non-nuclear principles and the policy of exclusively defensive defense.

With that specifically in mind, the Japanese government should instead pivot their policy proposals towards the realistic idea of creating a nuclear-weapon-free zone (NWFZ) throughout Northeast Asia (NEA) as a first step for regional cooperative security.

While regional governments have been reluctant to propose and follow through with such ideas after the end of the Cold War, many researchers and NGOs have proposed various potential policy ideas for a NEA-NWFZ [4]. As a recent example, there is an active initiative from the Research Center for Nuclear Weapons Abolition (RECNA), Nagasaki University [5]. Additionally, there is a widely known and easy-to-understand NEA-NWFZ scheme based upon so called “Three Plus Three” concept proposed by Hiromichi Umebayashi, whereby Japan, the Republic of Korea (ROK, South Korea), and the Democratic People’s Republic of Korea (DPRK, North Korea) form a nuclear-weapon-free zone, while surrounding three nuclear-weapon states, the US, China, and Russia, provide negative security assurances to the zone[6]. As discussed below, widespread public opinion has been cultivated in Japanese civil society in support of the establishment of such a NEA-NWFZ.

Perhaps the first public introduction of a concept of a NEA-NWFZ with a specific geographic scheme, rather than a broad general concept, appeared in a Japanese newspaper article in the Asahi Shimbun (June, 1995) that reported on the research of the Endicott Group [7]. An expert group led by Professor John Endicott of Georgia Institute of Technology introduced circular and elliptical geographic scenarios for a NEA-NWFZ covering Korean Peninsula and Japan Archipelago. Since then, Japanese media outlets have frequently and consistently published articles and editorials urging the creation of a NEA-NWFZ. These articles included works such as Umebayashi's "Three Plus Three" proposal as well as another circular zone proposal by Kumao Kaneko, the first chief of the Nuclear Energy Division of the Ministry of Foreign Affairs, Japan. It is no exaggeration to say that most nation-wide daily newspapers and major local newspapers in Japan have published large-scale, in-depth articles on the subject.

Not only articles, but also public events, have been organized by news companies. For example, the Asahi Shimbun hosted an international symposium entitled, "Aiming for a World without Nuclear Weapons – Japan's Role in Northeast Asia," which tried to evoke political debates on the denuclearization of Northeast Asia. One contributor was Koichi Kato, former secretary-general of the then ruling LDP, who said, "Japan has a great influence on Asian politics, so we should absolutely stop trying to attain nuclear capabilities. Instead, we will consider a way to a non-nuclear scheme for Northeast Asia that will allow us to leave the nuclear umbrella.” Katsuya Okada, who at the time was the representative of the Democratic Party of Japan, advocated the idea of a NEA-NWFZ, saying that it was entirely possible for Japan, South Korea, and North Korea to create a NWFZ – with the United States and others promising no first-use of nuclear weapons to the zone.

Even when the situation on the Korean Peninsula improved after 2018, the media's dedicated interest continued. On August 23, 2018, the Asahi Shimbun said in its editorial, "Now that measures to change the confrontational structure of the Korean Peninsula are being discussed, it makes sense to set the goal of the denuclearization of Northeast Asia." The editorial proclaimed:
"The Panmunjom Declaration by the leaders of North and South Korea in April confirmed the ‘common goal of realizing a nuclear-free Korean Peninsula.’ A joint statement by US and North Korean leaders in June reaffirmed this. If Japan with its ‘Three Non-Nuclear Principles’, joins the ‘denuclearized Korean Peninsula’, the time for a nuclear-free zone in Northeast Asia will finally come. … Given the potential for changes in the order of Northeast Asia, it is time for Japan to take the initiative in creating a nuclear-free zone."

Complementing and reaffirming this position by the media, there are widespread and persistent voices in Japan's local governments that support the establishment of a NEA-NWFZ.

Headed by the Mayor of Nagasaki, the National Council of Japan Nuclear Free Local Authorities (hereafter referred to as the Nuclear Free Local Authorities) [8], embracing roughly 300 active local governments, officially started a campaign to support the establishment of a NEA-NWFZ in 2009. In the campaign, the Council published and distributed an 8-page pamphlet entitled, “Toward the Creation of a Nuclear-Weapon-Free Zone in Northeast Asia," hoping to enlighten local government officials and citizens. Under such circumstances, as many as 546 heads of local authorities signed to endorse the “Statement to Support the Nuclear-Weapon-Free Zone in Northeast Asia" (as of the end of 2016), in a signature campaign driven by civic groups, including Peace Depot, in cooperation with Nuclear Free Local Authorities and Mayors for Peace.

The Peace Declarations by the Mayors of Hiroshima and Nagasaki, issued on August 6th and 9th each year, have often urged the Government of Japan to consider establishing a NEA-NWFZ. In particular, Mayor of Nagasaki appealed in his 2018 Peace Declaration as a response to the beginning of the historic US-North Korean dialogues as follows:
"We in the atomic-bombed cities watch this development attentively and have great expectations that persistent diplomatic efforts, as initiated with the Panmunjom Declaration by the leaders of North and South Korea and the first ever United States-North Korea Summit, will lead to the realization of irreversible denuclearization. I hope that the Japanese government will make use of this great opportunity to work towards the realization of a Northeast Asia Nuclear-Weapon- Free Zone that would see Japan and the entire Korean Peninsula denuclearized.”

The editorial of the Asahi Shimbun cited earlier was written in response to this statement.

The wide-spread support from religious communities in Japan should also be mentioned. Four religious leaders, two Christians and two Buddhists, issued the following statement in February 2016: “People of Faith in Japan Call for Japan to Stop Relying on the U.S. Nuclear Umbrella and to Move toward the Establishment of a Northeast Asia Nuclear Weapon-Free Zone” [9]. While calling for support amongst Japan’s religious communities, they visited the Foreign Ministry to represent their policy requests.

It has often been pointed out that a serious drawback of Japan's democracy is that such growing and sustained interest within civil society rarely translates into policy outcomes by the Japanese government. However, it should be confirmed that at least Japan's Ministry of Foreign Affairs' policy review process has changed its attitude in its consideration of the idea of a NEA-NWFZ.

Since 2002, Japan's Ministry of Foreign Affairs has published a kind of diplomatic ‘white paper’ every few years called, "Japan's Disarmament and Non-Proliferation Diplomacy." Up until its 4th edition (2008), it did not devote even one word about a NEA-NWFZ, although it mentioned existing nuclear-weapon-free zones elsewhere in the world. It was the 5th edition (2011) that finally mentioned a NEA-NWFZ for the first time, albeit only as the following negative and brief description:
“With regard to the plan to create a Northeast Asia nuclear-weapon-free zone that includes Japan, the Japanese government holds the view that efforts to resolve the North Korean nuclear issue must first be undertaken in order to ensure Japan’s security and improve the security environment of Northeast Asia“ [10].
In the 6th edition (2013), the White Paper provided a more substantial response towards a NEA-NWFZ, stating:
“(E)specially in recent years, the idea of a ‘Three Plus Three’ arrangement, in which Japan, the ROK and DPRK form a non-nuclear zone while the U.S., China and Russia provides security assurances, attracts a certain degree of attention” [11].
Despite this change in its way of portraying the issue, the government’s position remained firm in that the denuclearization of the DPRK had to be achieved before any efforts to create a NWFZ could start. The latest 7th (2016) remains largely unchanged on the issue [12].

In this way, the Ministry of Foreign Affairs has taken a negative attitude toward a NEA-NWFZ initiative, saying that "the realistic environment for realization is not yet in place." However, in 2018, that ‘environment’ changed significantly. There is now new opportunity for the Japanese government to play a significant role in transforming the security environment for the better.

It would be a big political mistake for the Government of Japan to adopt a policy towards the "possession of enemy-base attack capability" at this time. Especially, as mentioned at the beginning, this policy direction emerged and has been discussed as a counter-measures towards North Korea's nuclear and missile development. With the US-North Korea negotiations having stalled, it may be argued that since the DPRK’s short-range missile tests have been repeated since May 2019, that the threat situation for Japan has not changed. However, if the dialogues among the US, North Korea and South Korea resume, such argument will not hold because it is senseless to say only threats to Japan remain unchanged. In fact, the more viable way to reduce the missile-threat towards Japan is that Japan examines and implements the ways in which to contribute to reopening the stalled dialogue among concerned states. Such efforts made by Japan will open up new channels and opportunities towards the resolution of the many other issues that exist between Japan and North Korea, such as the abduction and colonial-period-compensation issues.

With this point of view in mind, the above-mentioned 2018 Nagasaki City Peace Declaration and the related editorial in the Asahi Shimbun should be heeded. The Government of Japan should make best use of the widely growing public opinion in support of a NEA-NWFZ and work to break the current deadlock.
(Ichiro YUASA & Hiromichi UMEBAYASHI)

[1] Liberal Democratic Party Policy Research Council “Proposals for Improving Deterrence to Protect the People,” (in Japanese) August 4, 2020. 
[2] Liberal Democratic Party Policy Research Council, “Proposals for the Rapid and Drastic Strengthening of Ballistic Missile Defense,” (in Japanese) March 3, 2017. 
[3] JSM=Joint Strike Missile; JASSM=Joint Air-to-Surface Standoff Missile; LRASM=Long Range Anti-Ship Missile
[4] Box 3 “Proposals on a NEA-NWFZ, included in “Proposal: Comprehensive Approach toward Northeast Asia Nuclear Weapons Free Zone,” by the Research Center for Nuclear Weapons Abolition Nagasaki University, 2015.
[5] Research Center for Nuclear Weapons Abolition Nagasaki University, “Comprehensive Approach to a Northeast Asia Nuclear Weapons Free Zone”
[6] Hiromichi UMEBAYASHI, “A Northeast Asia NWFZ: A Realistic and Attainable Goal”, INESAP (International Network of Engineers and Scientists Against Proliferation) Conference, Gothenburg, Sweden, May 30 - June 2, 1996. For more comprehensive commentary on a NEA-NWFZ, Hiromichi UMEBAYASHI, “Nuclear Weapon Free Zone,” (in Japanese) Iwanami-shoten, 2011. 
[7] The Asahi Shimbun, (in Japanese) June 13, 1995.
[8] National Council of Japan Nuclear Free Local Authorities was established by nuclear free local authorities for cooperation among local authorities in 1984.
[9] The representatives include Rev. Kouichi KOBASHI (Moderator, National Christian Council Japan in 2016), Rev. Kijun SUGITANI (ex-Administrative Director of Tendai Buddhism Headquarters; Chair, Religions for Peace International Standing Committee on Disarmament and Security), The Most Rev. Archbishop Mitsuaki TAKAMI (Catholic Archdiocese of Nagasaki), Rev. Ryumyo YAMAZAKI (Jodo Shinshu Honganji-ha Buddhism). All titles are those at that time.
[10] Ministry of Foreign Affairs of Japan, “Japan’s Diplomacy for Disarmament and Nonproliferation” vol. 5 (in Japanese), 2011, March, p.71. 
[11] Ministry of Foreign Affairs of Japan, “Japan’s Diplomacy for Disarmament and Nonproliferation” vol. 6 (in Japanese), 2013, March, p.42. 
[12] Ministry of Foreign Affairs of Japan, “Japan’s Diplomacy for Disarmament and Nonproliferation” vol. 7 (in Japanese), 2016, March, p.59. 
https://www.mofa.go.jp/mofaj/files/000145531.pdf

 

Sep 14, 2020

Watch Report No.24

Watch Report No.24   August 13, 2020

§Regardless of Bolton’s Criticism against Trump, the Singapore Agreement Serves as a Basic Document for Denuclearization and Peace on the Korean Peninsula
 
A memoir entitled, “The Room Where It Happened,” by John Bolton, former National Security Advisor to the US President Donald Trump, casts doubt on Trump’s qualifications as President and has been drawing attention around the world. Disclosing inside stories of the Trump administration’s foreign policy, Bolton’s memoir covers a number of episodes that show President Trump prioritized his “reelection” and “publicity” over “national interests,” and this was the case with US foreign policy toward the DPRK as well.
 
Regarding the first US-DPRK summit in history held in Singapore in June 2018, Bolton reveals that in a staff meeting, Trump said, “This is an exercise in publicity,” writing “which is how he saw the entire summit” and adds that, “he was prepared to sign a substance-free communique, have his press conference to declare victory, and then get out of town” [1]. Bolton also writes about an episode in which Chairman Kim Jong-Un of the Democratic People’s Republic of Korea (DPRK) called for scaling back US-ROK joint military exercises. Trump agreed with him saying, “the exercises were provocative and a waste of time and money” as he has been arguing and made Kim Jong-Un laugh by saying that, “Kim had saved the United States a lot of money” [2]. Regarding the Hanoi Summit held in February 2019, Bolton describes in detail Trump fluctuating between “a deal” and “walking away from the table” to distract public attention from impact of US Congressional testimony about Trump’s Russia scandal by his former attorney Michel Cohen. Bolton notes that this is an example of Trump’s “personal problems bleed[ing] into national security” [3]. On the other hand, regarding the Singapore Summit, Bolton argues that (the summit was) South Korea’s creation; relating more to its “reunification” agenda than a serious strategy on Kim’s part or ours” [4].
 
As mentioned above, Bolton’s memoir leaves its readers with the impression that the US-ROK summit was a historic fiasco, from the point of view of Trump’s qualifications as President and his attitude toward the Summit as well as its overall framework. It is true that part of his description of Trump’s qualifications resonate with many readers; however, this opinion should not result in underestimating the significance of the US-DPRK agreement in Singapore.
 
To avoid this misjudgment, we need to know how Bolton has viewed US-DPRK negotiations since 2018. As he writes in his memoir many times, Bolton is a hardliner who argues that the only appropriate course is to maintain sanctions and military pressure until the DPRK gives in, leading to the collapse of its regime. For instance, during the period leading up to Singapore being chosen as the site for the US-ROK summit, regarding the Summit, Bolton stated that, “My hope may be the whole thing would collapse” [5]. He writes that after that he struggled to prevent Trump from making a major concession or an end-of-war declaration, with the support of US Secretary of State Mike Pompeo and the Japanese government. As well, regarding the US-DPRK summit held in Hanoi, Bolton writes that he was able to block a draft joint statement prepared by Stephen Biegun, US State Department Special Representative for North Korean Policy (at the time), who had virtually accepted a policy of step-by-step denuclearization by the DPRK. As a result of Bolton’s briefings before the summit in which he repeatedly drilled into Trump the option of “walking away from the table”, Bolton writes that, “I think this second briefing also went extremely well, accomplishing all we could expect to get Trump into the right frame of mind so as not to give away the store in Hanoi.” [6]
 
Japanese society tends to perceive Bolton’s tough stance positively which demands that only the DPRK denuclearize in the US-DPRK summit as well as behaviors of Bolton who blocked an end-of-war declaration and an agreement on phased denuclearization. However, should we really feel relieved that thanks to Bolton, President Trump who seeks reelection didn’t easily reach an agreement with the DPRK?
 
Bolton is famous for his militaristic foreign policy based on the coercive attitude toward less powerful countries. As a result of policies led by Bolton, people in many countries around the world have suffered. Recently, the US withdrew from the Iran nuclear deal and resumed sanctions on Iran, and as a result, the Iranian people have suffered from shortages of medicine, skyrocketing prices and other problems. In an op-ed entitled, “To Stop Iran’s Bomb, Bomb Iran,” published in the New York Times [7], Bolton criticized the Obama administration’s policy toward Iran and argued that, “only military action … can accomplish what is required,” and in 2019, as National Security Advisor, he actually proposed that Trump take military action against Iran. Additionally, Bolton has been a leading advocate of policies which damage some countries and threaten world peace, including a coup plot against Venezuela’s regime and US abrogation of Intermediate-Range Nuclear Forces Treaty (INF) with Russia.
 
Regarding US foreign policy toward the DPRK, Bolton’s tough stance has resulted in a situation harmful to the peace and security of East Asia. Despite the fact that the Agreed Framework between the US and the DPRK had completely frozen DPRK plutonium production, Bolton disliked the Agreed Framework made during the Clinton administration and led to its abrogation under the Bush administration, leveraging alleged DPRK uranium enrichment program with poor evidence. As a result, the DPRK resumed its nuclear programs, which have resulted in its current possession of nuclear weapons.
 
Additionally, as mentioned above, Bolton worked to stop Biegun and others’ preparation for the Hanoi Summit that would facilitate Trump’s agreement on a phased approach for the denuclearization with the DPRK in order to implement the Singapore agreement. This obstruction has led to the current deadlock of US–DPRK negotiations.
 
DPRK First Vice Minister of Foreign Affairs Choe Son-Hui who held a press conference for foreign media a few weeks after the Hanoi Summit, stated that, despite the fact that “(w)hen we made a practical proposal in the talks (in Hanoi), President Trump adopted the flexible position that an agreement would be possible if a clause was added stating that the sanctions could be re-imposed if North Korea resumed nuclear activities after the sanctions were lifted,” “because of their continuing hostility and mistrust, US Secretary of State Mike Pompeo and John Bolton created obstacles to the two leaders’ efforts to have constructive negotiation and, ultimately the summit didn’t produce meaningful results.” Clearly expressing her sense of distrust for the US, Choe Son-Hui reached the conclusion that, as to the future of negotiations, the DPRK would not “have the desire or plan to conduct this kind of negotiation.” [8] Regarding “a practical proposal” which Choe Son-Hui mentioned, the DPRK Minister of Foreign Affairs Ri Yong-Ho explained in an emergency press conference right after the Hanoi Summit, saying that, “if the US lifts some of the UN sanctions, or in other words those aspects of the sanctions that impede the civilian economy and the people’s livelihood, we will completely and permanently dismantle the production facilities of all nuclear materials, including plutonium and uranium, in the Yongbyon complex, through joint tasks done by technicians from both our countries, in the presence of American experts,” and “(w)e also expressed our willingness to make a written pledge to permanently halt nuclear tests and long-range missile test launches.” [9] The New York Times reported that in the Hanoi Summit Bolton and Pompeo advised President Trump to demand the DPRK dismantle all the nuclear facilities, knowing that the DPRK side would not agree to such condition [10], and Bolton’s memoir confirms the testimony of the North Korean side mentioned above and the coverage in the New York Times.
 
In summary, Bolton and other hardliners have been working to scrap the Singapore agreement just like they did with INF and the Iran nuclear deal.
 
The Singapore agreement cannot necessarily be interpreted as an example of Trump’s mix of public and personal motivations. Whether Trump’s first priority is reelection or not, what matters most for us is what the leaders of the US and the DPRK agreed in Singapore and whether the resulting agreement will contribute to peace and security of people in the US, the Korean Peninsula and Northeast Asia in the future.
 
Further, no matter how hard Bolton criticizes the agreement, the Singapore agreement has landmark significance. The historic significance of the Singapore Summit itself is that the leaders of the two countries, which had been in a state of war over some 70 years, held a summit for reconciliation for the first time. In particular, the young leader of a secretive country who had just made his diplomatic debut, appeared on TV and showed his facial expressions as an ordinary human being while the whole world paid attention. Such event itself signaled the possibility of future changes.
 
The joint statement agreed upon at the summit contains essential points, which serve as a basis for our expectations of promising future developments. The two countries made two basic agreements for the future: “to establish new US-DPRK relations in accordance with the desire…for peace and prosperity,” and “to build a lasting and stable peace regime on the Korean Peninsula.” As a starting point, “President Trump committed to provide security guarantees to the DPRK, and Chairman Kim Jong-Un reaffirmed his firm and unwavering commitment to complete denuclearization on the Korean Peninsula.” [11] The content of the US-DPRK joint statement at the Singapore Summit can serve as a basis for negotiations and will be something which every US administration is supposed to make efforts to realize, as long as the administration seeks to improve the US-DPRK relations. In the US, the next administration as a result of the presidential election in November 2020 should not repeat the folly of the Bush administration’s abrogation of the agreement reached by the previous Clinton administration.
 
Since the Hanoi summit failed to reach agreement, the DPRK waited for the US to abandon its hostile policy toward the DPRK, setting the end of 2019 as a deadline.
 
Additionally, based on the assumption that the economic sanctions would be kept in place, the DPRK made it clear that it would make advances on the difficult course of economic self-reliance. Amid the COVID-19 pandemic, DPRK peoples’ lives must be getting harder. However, while the DPRK has refused to continue negotiations with the US given the current US approach, it hasn’t closed the door for denuclearization negotiations. On July 10, while saying it is unlikely that the DPRK-US summit talks would happen this year, the first vice director of the Workers’ Party of Korea Kim Yo-Jong stated the following: “We would like to make it clear that it does not necessarily mean the denuclearization is not possible. But what we mean is that it is not possible at this point of time. I remind the US that the denuclearization on the Korean peninsula can be realized only when there are major changes on the other side, i.e. the irreversible simultaneous major steps to be taken in parallel with our actions [12].” (Hajime MAEKAWA & Hiromichi UMEBAYASHI)
 
[1] John Bolton, The Room Where It Happened (Simon & Schuster, 2020) p.106.
[2] See note [1], p.110
[3] See note [1], p. 324
[4] See note [1], p.78
[5] See note [1], p.79
[6] See note [1], p.322
[7] John Bolton, “To Stop Iran’s Bomb, Bomb Iran”, The New York Times, March 26, 2015
[8] “Remarks by DPRK First Vice Minister of Foreign Affairs Choe Son-Hui,” NEWSIS, March 15, 2019 (in Korean)
[9] “Full text of a press conference by DPRK Foreign Minister Ri Yong-Ho,” Hangyoreh, March 1, 2019 (in Korean)
[10] David E. Sanger and Edward Wong, “How the Trump-Kim Summit Failed: Big Threats, Big Egos, Bad Bets,” The New York Times, March 2, 2019
[11] “Joint Statement of President Donald J. Trump of the United States of America and Chairman Kim Jong Un of the DPRK at the Singapore Summit,” June 12, 2018
[12] KCNA, July 10, 2020
http://www.kcna.co.jp/index-e.htm Search for the article by date.

 

Jul 31, 2020

Watch Report No.23

Watch Report No.23   June 30, 2020

§If the Korean War Ends, the United Nations Command Will Also End.

In the April 2018 Panmunjom Declaration, the Republic of Korea (ROK) and the Democratic People’s Republic of Korea (DPRK) agreed to ease tensions on the Korean Peninsula by creating a lasting peace regime, including the denuclearization of the peninsula. At the June 2018 Singapore Summit, the United States and the DPRK also agreed on the mutual goal of establishing new US–DPRK relations for peace and prosperity to create a stable and lasting peace regime on the Korean Peninsula. In the Panmunjom Declaration, the ROK and the DPRK agreed to declare an end to the Korean War before the end of the year, and during a press conference at the Singapore Summit, President Trump said, “Now we can all have hope that it (Korean War) will soon end. And it will.” [1] The two summits held in 2018 placed the end of the Korean War, which began in June 1950 and entered a ceasefire in July 1953 via an armistice agreement, on the table as a concrete international agenda item.

The end of the Korean War would improve the prospect for peace in East Asia. For that to happen, however, consensus must be carefully obtained regarding the future of the United Nations Command (UNC).

The UNC was established by UN Resolutions in 1950 when the Korean War began. Today, the UNC remains deployed in South Korea and has its rear command in Japan. If the Korean War transitions from armistice to conclusion through an end-of-war declaration or a peace treaty, it will mean that the UNC’s mission is accomplished and it follows that the UNC is to be dissolved. However, some in the Pentagon are now arguing that the UNC should stay in South Korea for post-Korean War peacekeeping. 

This article reflects on the circumstances leading to the establishment of the UNC and the path the UNC needs to take upon the conclusion of the Korean War.

The UNC is not the UN Forces that was Envisaged by the UN Charter
When the Korean War broke out in 1950, multinational forces, led by the US under the UN flag, supported the ROK against the invasion by the DPRK, which aimed to unite the Korean Peninsula through military operations. These multinational forces, known as the UNC, are not the UN forces envisaged by the United Nations Charter. 

Chapter VII, Articles 39–51, of the UN Charter authorizes the use of force to maintain or restore international peace and security in case of a breach of the peace or an act of aggression. Article 42 enables the Security Council to use force to maintain or restore international peace and security if the non-military measures provided for in Article 41 are inadequate. Article 43 says that, “All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.” In other words, each UN member is obligated to lend a portion of its armed forces to the UN in response to the Security Council’s call. These forces provided by UN members under the authorization and direction of the Security Council constitute the UN forces as envisaged by the UN Charter. 

However, such UN forces have never officially existed. For the UN to assemble these forces, UN members must make their militaries available to the UN through the special agreements mentioned in Article 43. From 1946 to 1948, the Military Staff Committee, being the Security Council’s advisory body comprised of chiefs of staff or their representatives from the permanent members of the Security Council, attempted to hash out the details of these special agreements. However, no consensus emerged among the permanent members of the Security Council, especially between the US and the Soviet Union. Thus, to this day, no UN member has ever entered a special agreement to make its armed forces available to the Security Council, and the UN forces have never been assembled as described in Article 43.

The UNC, on the other hand, was established pursuant to the 1950 UN Resolutions 82 [2], 83 [3], and 84 [4]. The Security Council passed these resolutions without the participation of the full permanent members; the Soviet Union was boycotting the Security Council in protest against Taiwan (the Republic of China) representing China’s seat at the Council. 

On June 25, 1950, the Korean War began. The Security Council passed Resolution 82 in which it determined that North Korea’s aggression constituted a breach of the peace and demanded the withdrawal of the North Korean army. North Korea did not comply, and the Council passed Resolution 83 to call on UN members to provide assistance necessary for the ROK to repel the North Korean attack. Finally, on July 7, 1950, the Council passed Resolution 84 to recommend forces provided by UN members to be committed to a unified command under the US and to authorize the unified command to use the UN flag. On July 25, 1960, in accordance with Resolution 84, the UNC was established and Douglas MacArthur, the commander of the US Far East Command, was appointed as the commander of the UNC.

It is important to note that Resolutions 83 and 84, which pertain to providing assistance for the ROK and the commanding role of the US under the UN flag, were not adopted as decisions but as recommendations under Article 39 [5] of the UN Charter. As noted earlier, the special agreements required to create UN forces were never concluded, and thus, the Security Council could not use any language more demanding than “recommendations,” and they certainly could not impose any “decisions.” Thus, the UNC is not comprised of forces provided by UN members based on special agreements; it is comprised of forces from the US and 15 states that had close ties with the US (the UK, Thailand, Canada, Turkey, Australia, the Philippines, New Zealand, Ethiopia, Greece, France, Colombia, Belgium, South Africa, the Netherlands, and Luxembourg) [6]. In other words, the UNC really is a US-led coalition of multinational forces.

The Debate within the UN about the UNC’s Dissolution
Due to the reasons above, the legitimacy of the UNC’s existence has been called into question and its continual deployment in the ROK subject to frequent debates.
First of all, the Korean Armistice Agreement, signed and enforced in Panmunjom in July 1953, recommends the withdrawal of all foreign troops from the Korean Peninsula:

“In order to insure the peaceful settlement of the Korean question, the military Commanders of both sides hereby recommend to the governments of the countries concerned on both sides that, within three (3) months after the Armistice Agreement is signed and becomes effective, a political conference of a higher level of both sides be held by representatives appointed respectively to settle through negotiation the questions of the withdrawal of all foreign forces from Korea, the peaceful settlement of the Korean question, etc.” [7]

Thereafter, the ROK and the DPRK had talks on the withdrawal of multinational forces at the 1954 Geneva Conference, lasting from April to July 1954. However, the ROK had signed the US-ROK Mutual Defense Treaty in October 1953 and approved US forces to remain in the country. During the Geneva talks, the DPRK demanded the withdrawal of all foreign troops, the negotiations ultimately fell apart, and the dispute over the withdrawal of foreign troops from the ROK remains unresolved to date.

In September 1954, after the Korean Armistice Agreement was signed, China announced its intent to withdraw its People’s Volunteer Army from the Korean Peninsula and completed the withdrawal by 1958. Other countries, excluding the US, that had provided troops to the UNC also began withdrawing their troops from the ROK and Japan; by June 1972, they completely withdrew their soldiers except for liaison officers.

In 1957, the UNC’s headquarters was moved from Tokyo to Seoul, and the commander of the US Forces Korea, stationing in the ROK pursuant to the US-ROK Mutual Defense Treaty, assumed UNC commandership. The UNC also continued to hold operational command authority over ROK forces pursuant to the July 1950 Taejon Agreement. Since the ROK/US Combined Forces Command (CFC) was created in November 1978, the commander of the CFC has assumed UNC commandership, while at the same time holding operational command authority over ROK forces.

The call for the dissolution of the UNC persisted within the UN throughout the 1970s and thereafter. In 1971, when the People’s Republic of China replaced the Taiwanese government to occupy China’s UN seat, it began pressing for the dissolution of the UNC. In 1975, the UN General Assembly adopted Resolution 3390A [8], as introduced by the Soviet Union and other Eastern European countries, calling for the dissolution of the UNC and the withdrawal of all foreign troops from the Korean Peninsula. However, the effect of this resolution was canceled out by the General Assembly’s adoption of Resolution 3390B [9], which was introduced by Western countries that opposed Resolution 3390A. After both the ROK and the DPRK were admitted into the UN in 1991 and throughout the 1990s, the DPRK repeatedly demanded that the Security Council dissolve the UNC. However, the UN never seriously considered this issue.

Today, once again, circumstances warrant debate about the UNC’s dissolution, given that ROK-DPRK and US-DPRK summits held in 2018 have resumed discussions about the end of the Korean War.

“Revitalization” of the UNC
The campaign for the “revitalization” of the UNC that the US has been advocating is highly significant. This revitalization campaign (called “yushin” in Korean) was initiated around 2015 by the commander of the UNC and US Forces Korea to revive the UNC, which has been in a near dormant state ever since the Korean War entered a ceasefire and has had more of a ceremonial existence since then. The campaign entails a drive for more active contributions from international participants besides the US.

For example, in July 2018, Lieutenant-General Wayne Eyre of the Canadian Army was appointed as the first non-American deputy commander of the UNC. Eyre was succeeded by Vice Admiral Stuart Mayer of the Royal Australian Navy in July 2019, making two consecutive deputy commanders who are not from the US forces. Furthermore, there has been a reduction in the number of dual officer posts, wherein officers of the US Forces Korea simultaneously hold positions in the UNC. This has been done to allow more appointments of US allies—especially the UK, Australia, and Canada—in important UNC positions.

One of the reasons behind the US campaign for the revitalization of the UNC is the ROK’s demand for a return of wartime operational control of the combined ROK-US forces. The ROK and the US agreed in 2012 that the control would be returned to the ROK; however, the actual return has been delayed. President Moon Jae-in wants the transfer of control to be completed before his term ends in 2023.

By making the UNC appear more like real UN forces with international participation, the US is probably aiming to maintain control over military operations on the Korean Peninsula through the commandership of the UNC, even after it returns the wartime operational control of the combined ROK-US forces to the ROK.

In other words, it is likely that behind the US and US allies’ revitalization campaign is their plan to keep the UNC after the end of the Korean War and to maintain US influence on the Korean Peninsula through the UNC. In February 2019, the UNC’s deputy commander Eyre, in an interview with the Chosun Ilbo, emphasized that the UNC’s mission would go on after the conclusion of the Korean War. He stated that the UNC would stay deployed after the conclusion of the Korean War with a 2-3 times increase in personnel and that it would continue to play a support role until a permanent peace regime is established on the Korean Peninsula [10].

To be perfectly clear, the UNC is not the UN forces envisaged by the UN Charter, and the justification for its existence is dubious at best. Therefore, if the end of the Korean War is declared by an agreement among all parties to the war, the UNC’s mission ought to be terminated forthwith at that point—this is the only natural and logical outcome that should be expected in such an eventuality.

Some argue that even if the Korean War ends, some level of troops that have a connection to the UN should remain deployed for peacekeeping. We have no objection to this argument provided that the central parties to the war—especially both the two protagonists on the Korean Peninsula, the DPRK and the ROK—wish for the continued presence of such troops. Certainly, such troops would have missions, roles, and structures that are completely different from those of the UNC.

This article was written following the discussions among several members of the Citizens’ Watch project.
(Takuya MORIYAMA)

[1] Press Conference by President Trump, White House, June 12, 2018 
[5] UN Charter Article 39: The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
[6] The ROK, still not admitted to the UN, agreed to assign operational control of its military forces to the UNC via the Taejon Agreement of July 15, 1950.
[7] The Korean Armistice Agreement, the United Nations 
[10] Chosun Ilbo, February 8, 2019 (in Korean)

Watch Report No.37

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