North Korea: Rogue State Or Law-Abiding Nation?

North Korea is one of the most repressive countries in the world, ruled by authoritarian leader Kim Jong-un. The country has been condemned by the international community for its human rights abuses, ballistic missile testing, and nuclear weapons programme. North Korea has conducted six nuclear tests since 2006, and is the only state to have done so in the 21st century. The UN Security Council has passed numerous resolutions against the country, and imposed sanctions on North Korea since its first nuclear test in 2006. These sanctions have targeted trade in weapons, financial assets, and luxury goods, as well as imposing travel bans. Despite these measures, North Korea has continued to develop its nuclear capabilities and ballistic missile technology, leading to further international condemnation and concerns about the country's commitment to curbing its weapons testing.

North Korea's missile tests

In addition to violating these resolutions, North Korea's missile tests have also failed to comply with the international legal obligation of "due regard". This obligation requires that military activities, including missile tests, in international airspace, the high seas, exclusive economic zones (EEZs), and outer space, are conducted with due regard for the safety and rights of other states. North Korea's tests have posed hazards to safety and infringed on the ability of other states to exercise their rights in these areas.

The international community has responded to North Korea's missile tests with sanctions and calls for diplomatic solutions. However, critics argue that sanctions have not been effective in pressuring North Korea to denuclearise, and that stronger enforcement and additional measures may be needed.

Nuclear weapons programme

North Korea's nuclear weapons program has been a source of concern for the international community for decades. The country has been pursuing nuclear capabilities and has conducted several nuclear tests, raising questions about the legality of its actions under international law.

North Korea is not a party to the two primary treaties that restrict nuclear testing: the 1963 Treaty Banning Nuclear Weapon Tests (Partial Test Ban Treaty - PTBT) and the Comprehensive Test Ban Treaty (CTBT). The CTBT, which aims to prohibit nuclear testing, has not entered into force as of September 2017, and North Korea, along with the United States and six other nations, has not ratified it. This means that North Korea's nuclear testing is not a direct violation of these treaties.

However, North Korea acceded to the Nuclear Non-Proliferation Treaty (NPT) in 1985 but announced its withdrawal from the treaty in 2003. The NPT prohibits non-nuclear weapon states from manufacturing or acquiring nuclear weapons. The validity of North Korea's withdrawal from the NPT is ambiguous due to political considerations, and there is disagreement between the United States and the UN Security Council on whether North Korea remains a party to the treaty.

In 2005, as part of the Six-Party Talks, North Korea committed to "abandoning all nuclear weapons and existing nuclear programs." However, it is unclear if this commitment constitutes a legal obligation. The International Court of Justice (ICJ) has stated that a unilateral declaration by a state can establish an international legal obligation if it is made publicly and with the intention to be bound by its terms. North Korea's declaration was made during private negotiations, and it is uncertain if it indicated an intention to be bound regardless of other states' actions.

In 2022, North Korea passed a new law that updated its nuclear doctrine and reinforced its status as a nuclear-armed state. This law, announced by Kim Jong Un, outlined the country's right to use preemptive nuclear strikes to protect itself and stated that its nuclear status was "irreversible." The law also reiterated Kim's sole authority over the use of nuclear weapons and outlined scenarios that could trigger a nuclear attack, such as an imminent nuclear strike or a threat to the country's leadership.

The international community, including the United Nations and the United States, has expressed concern over North Korea's nuclear program and reiterated calls for denuclearization. The United Nations Security Council (UNSC) has strongly condemned North Korea's nuclear tests but has stopped short of stating that they violate international law. The primary goal of the international community remains North Korea's denuclearization to ensure global stability and prevent a nuclear arms race in the region.

Human rights abuses

North Korea is often considered to have the worst human rights record in the world. The country has been globally condemned for its human rights abuses, with the United Nations and groups such as Human Rights Watch and Amnesty International speaking out against the regime.

North Korean citizens have no right to free speech, and only state-controlled media providers are legal. The government strictly monitors the activities of foreign visitors and heavily scrutinizes aid workers, excluding them from certain places and regions. Citizens are unable to travel freely within the country, and the nation's human rights record has been constructed primarily from stories of refugees and defectors.

The North Korean regime enforces a strict system of control, using threats of torture, executions, imprisonment, enforced disappearances, and forced labor to maintain fearful obedience. It systematically denies basic liberties, including freedom of expression, association, and religion, and does not tolerate pluralism. Independent media, civil society organizations, and trade unions are banned.

The government has been accused of arbitrary or unlawful killings, including extrajudicial killings, enforced disappearances, torture, and cruel, inhuman, or degrading treatment or punishment. Prison conditions are harsh and life-threatening, with physical abuse, food shortages, overcrowding, and inadequate sanitary conditions and medical care.

North Korea has also been criticized for its treatment of women and girls, with COVID-19 restrictions disproportionately impacting their economic participation and livelihoods. The country has been accused of extensive gender-based violence, including domestic violence, sexual violence, and workplace violence, as well as coerced abortion and forced sterilization.

The regime has a history of punishing family members for alleged offenses by a relative, and there are reports of entire families being sent to political prison camps. The government also imposes strict restrictions on freedom of movement and residence, and emigration and immigration are tightly controlled.

North Korea's human rights abuses have been widely documented by foreign NGOs and UN officials. In 2014, a UN special commission published a detailed account based on first-hand testimonies, documenting "unspeakable atrocities" committed by the regime. The commission accused the North Korean government of systemic, widespread, and gross human rights violations, with some acts resembling those committed by the Nazis.

The country's human rights record has been annually condemned by the UN General Assembly since 2003, and in 2014, the UN voted to refer North Korea to the International Criminal Court for crimes against humanity.

Sanctions evasion

North Korea has been relentless in its attempts to continue to access global markets since the imposition of UN sanctions. The country has been found to be active in 38 African countries, with principal sanctions evasion activities taking place in just over one-third of those countries.

A report from the Royal United Services Institute (RUSI) revealed that North Korean ships have changed their evasion tactics, finding ways to transfer goods in the waters south of Shanghai near the port of Zhousan. A large fleet of North Korean cargo ships continues to deliver coal to China in contravention of UN Security Council resolutions, in what appears to be a large-scale, coordinated effort to evade sanctions.

The evasion activities involve four types of entities: North Korean government officials accredited to North Korea's embassies, North Korean overseas workers, front and shell companies, and trusted third-party intermediaries. These activities allow North Korea to feed its overriding need for hard currency to maintain the incumbent political regime and fund its nuclear weapons and ballistic missile programs.

The US has issued several advisories about the methods North Korean actors use to evade sanctions restrictions, and has been active in designating complicit ships, brokers, and banks.

International travel restrictions

North Korea's international travel restrictions are extensive and strictly enforced. The country's government maintains a tight grip on outbound and inbound tourism, with all tourism organised by state-owned tourism bureaus. The country's laws and regulations are designed to control the flow of information and maintain the regime's power.

Entry and Exit Requirements

North Korea's entry and exit requirements are onerous and subject to change. The country requires visas for entry, which can be difficult and time-consuming to obtain. Even with the correct documentation, entry is not guaranteed, and individuals may be arbitrarily arrested and/or detained.

Movement Within North Korea

Travel within North Korea is severely restricted. Transportation is usually provided by local tour representatives or authorities, and travel outside of designated tour areas is prohibited. Police checkpoints are common, and travellers may be required to provide documentation before being permitted to continue.

Surveillance and Monitoring

North Korea engages in extensive surveillance and monitoring of its citizens and visitors. All electronic devices are subject to search, and personal belongings may be searched. Conversations with locals without authorisation are considered spying and are punished as such. Photography outside of designated tourist areas is prohibited and may result in equipment confiscation or detention.

International Communications

Satellite phones and drones are not allowed in North Korea. Customs officers thoroughly investigate electronic devices, and foreign SIM cards are required to access international calling.

COVID-19 Restrictions

In response to the COVID-19 pandemic, North Korea closed its borders to foreign tourists in January 2020. The country maintained extreme and unnecessary measures, including keeping its borders closed, restricting foreign trade, and limiting travel and distribution of food and other products within the country.

Consular Assistance

The ability of foreign officials to provide consular assistance in North Korea is extremely limited. Consular access may be subject to significant delays or denied altogether, and knowledge of North Korea's police and judicial systems is limited.

Dual Citizenship

Dual citizenship is not legally recognised in North Korea. Individuals with dual citizenship may be refused access to consular services and subject to certain laws and obligations.

Sanctions

North Korea is under international and Canadian sanctions, which may impact travel to the country.

Other Restrictions

• Foreigners are prohibited from using public buses or the subway.
• The import and export of local currency are prohibited.
• Possession, use, or trafficking of illegal drugs are strictly prohibited and carry severe penalties.
• Photography of airports, roads, bridges, seaports, and rail stations is prohibited.
• Involvement in politics and unsanctioned religious activity may result in detention.

Frequently asked questions