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The United Nations Security Council Statements, North Korea -- What's legally binding?

Under Article 25 of the United Nations Charter, member states are legally required “to accept and carry out the decisions of the Security Council in accordance with the present Charter.”

There is nothing in the Charter that specifies the form in which the Council’s decisions must be recorded and, indeed, the word “resolution” is not used in the Charter. The Charter says that member states must comply with “decisions” of the Council, not that they must comply with “resolutions.”

US: 'North Korea -- It's a step backwards...they will have to deal with the consequences of that decision'

US State Dept. on N. Korea: ...The North Koreans took a decision. They wanted these monitors out. As I said, it’s a step backwards. We want to see the Korean Peninsula denuclearized. This clearly is not taking us in the right direction. But the North made a decision. As I mentioned to you many times the other day, the Security Council has spoken through that presidential statement, made very clear what is required of the North. Should the North not comply, then they will have to deal with the consequences of that decision....

ON CHINA/RUSSIA and North Korea Situation:
...We have worked very closely with the Chinese and the Russians up in New York to try to agree on a presidential statement, which we were able to do. And we’ve had good conversations with both governments. We’ve worked very closely, as I said, with them on this issue and we’ll continue to be....Both parties have an interest in seeing the North go back to the Six-Party framework, as we do. And what we need to find a way is to – we need to find a way to get them back to the Six-Party framework. 

US asked to leave Yongbyon North Korea -- Abort Shutdown, Monitoring

Four U.S technical experts are currently at Yongbyon. They are preparing to leave. Questions about North Korea continued at a fierce pace for a second day. Here's the US State Dept. Daily Press Briefing
April 15, 2009 - STATEMENTS RELATED TO NORTH KOREA

US STATE DEPT: U.S. Government experts and staff monitoring the shutdown and disablement of the Yongbyon facilities have been asked by North Korean authorities to depart the DPRK. Our team on the ground is making preparations to leave. We are discussing next steps on this matter with the DPRK.

The IAEA informed members of the Board of Governors on Tuesday that the DPRK had decided to cease all cooperation immediately with the IAEA, and requested IAEA inspectors to leave the DPRK at the earliest possible time. We refer to you the IAEA regarding the current status of their experts in Yongbyon. So that’s where we are.

NUCLEAR NORTH KOREA: IAEA and DPRK 1977-2009, From Withdraw to Cooperation to Shutdown and Shutout

On September 2nd, 2008, the Director General of the IAEA ( International Atomic Energy Agency) issued his official report saying that the IAEA has 'verified the shutdown status of the Yongbyon nuclear facility and is continuing to implement the ad hoc monitoring and verification arrangement with the cooperation of the DPRK [North Korea]'.

On April 14th, 2009, the IAEA issued the following: 'The DPRK has today informed IAEA inspectors in the Yongbyon facility that it is immediately ceasing all cooperation with the IAEA. It has requested the removal of all containment and surveillance equipment...inspectors have also been asked to leave the DPRK ...The DPRK also informed the IAEA that it has decided to reactivate all facilities and go ahead with the reprocessing of spent fuel."

The DPRK signed its first safeguards agreement with the IAEA in 1977. How has the work of  diplomats, inspectors, politicians, dictators and negotiators, year-after-year, come to this?
TAKE A LOOK AT THE INTENSE HISTORY OF THE IAEA AND NORTH KOREA

IMAGES: IAEA

IAEA Officially Un-invited from North Korea

IAEA Inspectors Asked to Leave the Democratic People's Republic of Korea

April 14th, 2009-- Following is a statement to the media by IAEA Spokesperson Marc Vidricaire on the situation in the DPRK:

"The Democratic People´s Republic of Korea (DPRK) has today informed IAEA inspectors in the Yongbyon facility that it is immediately ceasing all cooperation with the IAEA. It has requested the removal of all containment and surveillance equipment, following which, IAEA inspectors will no longer be provided access to the facility. The inspectors have also been asked to leave the DPRK at the earliest possible time.

The DPRK also informed the IAEA that it has decided to reactivate all facilities and go ahead with the reprocessing of spent fuel."

The DPRK - IAEA process began in 1977 when North Korea signed its first agreement related to nuclear programs. TAKE A PEAK AT THE LONG AND TUMULTUOUS HISTORY OF NUCLEAR NONPROLIFERATION with North Korea

About the IAEA: The International Atomic Energy Agency (IAEA) serves as the world's foremost intergovernmental forum for scientific and technical co-operation in the peaceful use of nuclear technology. Established as an autonomous organization under the United Nations (UN) in 1957, the IAEA carries out programmes to maximize the useful contribution of nuclear technology to society while verifying its peaceful use.

Press hounds State Dept. on US Response to North Korea Response to UN Response to N. Korea

US Department of State, Daily Press Briefing, by Robert Wood, Acting Department Spokesman
April 14, 2009, Washington DC

North Korea dominated the questions, wish a steadfast determination to get specifics on a US response to North Korea's rebuff of UN Security Council and IAEA:

PRESS | QUESTION: What is your response to their announcements?

MR. WOOD: Well, Matt, let me just say I know you all have a lot of questions about North Korea. I don’t have very much at all today that I’m going to give you. And I know you’re going to come at me with a lot of questions from various angles, but I just want to basically refer you back to the UN Security Council presidential statement that was issued. And this presidential statement made very clear the position of the UN Security Council plus Japan. And as you know, the statement calls for an early resumption of the Six-Party Talks, a verifiable denuclearization of the Korean Peninsula, and full implementation of the joint statement of 2005. I don’t have much more for you right now. At some later point, we’ll have more to say, but right now, that’s all I have.

QUESTION: In other words, you have no response?

MR. WOOD: As I said, I’ve given you right now what I have for you.

QUESTION: Well, that’s great. But, Robert, but that’s from--that’s from yesterday.

MR. WOOD: Yeah.

QUESTION: Well, things have happened on the ground today.

MR. WOOD: Oh, I understand.

QUESTION: Presumably, the United States is aware of them.

MR. WOOD: Look, we’re certainly aware of what’s going on. But what I’m saying is the statement that was issued by the Security Council in Japan spoke for the international community. It was very clear what our position is with regard to the type of behavior the North has been engaged in. There’s really nothing more to add to it.

QUESTION: The North today has said that it’s going to restart its - - Yongbyon, that it’s going to pull out of the Six-Party Talks, and there are reports that they’ve expelled the U.S. and IAEA inspectors. You’re telling me that the United States Government does not have any kind of response or reaction to that?

MR. WOOD: I’m saying--right now, this is what our response is. And this is not just the U.S. response, this is the international community’s response to what the North has been doing.

QUESTION: I’m, sorry. That --

QUESTION: That happened before North Korea did all this. I mean, you gave your response, which is your statement, and then North Korea reacted by doing all this. And I mean, what practical consequences can you impose on North Korea for its bad behavior when you put out the statement that, even though you said it’s legally binding, many members don’t feel that it’s legally binding? And North Korea continues to flaunt the will of the international community.

MR. WOOD: Well, look, we’ve seen a lot of what the North has done before, Elise. I don’t have anything new I can give you right now beyond what I’ve said. At, you know, later points, we will have more to say about it. But I think we spoke very clearly--we meaning the United States and others on the Council, the broader international community--about what we want to see the North do. There really isn’t anything to add to it at this point.

NORTH KOREA: DPRK STRONGLY Denounces United Nations Security Councl's Missile Launch Rebuke

'DPRK will never participate in the talks any longer nor it will be bound to any agreement of the six-party talks'

This official statement from North Korea's Foreign Ministry/ KCNA agency: --  "The DPRK Foreign Ministry issued a statement Tuesday flatly rejecting the brigandish 'presidential statement' which the U.S. and its followers finally released by abusing the UNSC to condemn the DPRK's launch of satellite for peaceful purposes.

Saying that throughout history the UNSC has never taken issue with satellite launches, the statement continues:

First, the DPRK resolutely rejects the unjust action taken by the UNSC wantonly infringing upon the sovereignty of the DPRK and seriously hurting the dignity of the Korean people.

Second, there would be no need to hold six-party talks which the DPRK has attended.

Now that the six-party talks have turned into a platform for infringing upon the sovereignty of the DPRK and seeking to force the DPRK to disarm itself and bring down the system in it the DPRK will never participate in the talks any longer nor it will be bound to any agreement of the six-party talks.

Third, the DPRK will bolster its nuclear deterrent for self-defense in every way.

It will take the measure for restoring to their original state the nuclear facilities which had been disabled under the agreement of the six-party talks and putting their operation on a normal track and fully reprocess the spent fuel rods churned out from the pilot atomic power plant as part of it."

READ OTHER RECENT OFFICIAL RELEASES FROM NORTH KOREA ON THEIR MISSILE LAUNCH:
Int'l Organization Refutes Smear Campaign over DPRK's Satellite Launch

Back to -- NORTH KOREA: After stalling, UN Condemns Missile Launch

This from the United Nations Official News Service: Security Council condemns DPR Korea’s recent launch -- 13 April 2009 – The Security Council today spoke out against the recent rocket launch by the Democratic People’s Republic of Korea (DPRK), stressing the importance of preserving peace and stability on the Korean peninsula and in North-East Asia.

In a statement read out by Ambassador Claude Heller of Mexico, which holds the Council’s rotating presidency, the 15-member body deems the 5 April launch to be in contravention of resolution 1718, which demanded that the country “not conduct any further nuclear test or launch of a ballistic missile,” following its claims to have conducted a nuclear test in October 2006.

US on Missile Launch

President Obama added these comments to his speech in the Czech Rep. about the North Korean missile launch that happened earlier in the day:
 'Just this morning, we were reminded again of why we need a new and more rigorous approach to address this threat. North Korea broke the rules once again by testing a rocket that could be used for long range missiles.
Violations must be punished. Words must mean something. The world must stand together to prevent the spread of these weapons. Now is the time for a strong international response -- now is the time for a strong international response, and North Korea must know that the path to security and respect will never come through threats and illegal weapons.

He also issued this statement from the White House:
North Korea’s development and proliferation of ballistic missile technology pose a threat to the northeast Asian region and to international peace and security. The launch today of a Taepo-dong 2 missile was a clear violation of United Nations Security Council Resolution 1718, which expressly prohibits North Korea from conducting ballistic missile-related activities of any kind. With this provocative act, North Korea has ignored its international obligations, rejected unequivocal calls for restraint, and further isolated itself from the community of nations.

UN Emergency Missile Meeting -- NO AGREEMENT...Only 'Regrets'

The United Nations Security Council met for hours in a closed-door emergency session but failed to reach agreement on a response to North Korea's long-range rocket launch. Even though there is broad consensus that this action violates a range of UN resolutions, the UN Security Council is vulnerable to the veto power of its permanent members. Experts say that in China and / or Russia were likely block new UN sanctions against North Korea, wanting to take a more measured approach to the missile launch.

This official news item released by the United Nations on Sunday April 5th 2009:
            Ban regrets DPR Korea rocket launch, calls for dialogue:    Secretary-General Ban Ki-moon today expressed his regret that the Democratic People's Republic of Korea (DPRK) has, against strong international appeals, proceeded with its planned rocket launch, urging the resumption of diplomatic talks.

According to media reports, the East Asian nation carried out its launch this morning, and the Security Council held an emergency meeting today, at Japan's request, on the issue.

“Given the volatility in the region, as well as a stalemate in interaction among the concerned parties, such a launch is not conducive to efforts to promote dialogue, regional peace and stability,”

Mr. Ban said in a statement issued by his spokesperson.
He urged the DPRK to comply with Security Council resolutions, such as resolution 1718, which demanded that the country “not conduct any further nuclear test or launch of a ballistic missile,” following its claims to have conducted a nuclear test in October 2006.

Japanese Prime Minister issued instructions on North Korea Missile Launch

Japan's Prime Minister, Taro Aso expressed serious concerns about the launch of a North Korean long-range missile which flew over Japan airspace, saying that this was 'an extremely provocative act' and one that Japan can not ignore. 

Earlier, he issued these more procedural set of instructions:

Second set of instructions by Prime Minister Taro Aso on the launch of a flying object from North Korea
issued around 13:00, Japanese time, 5 April 2009
1. Issue warnings to vessels in areas where flying objects are thought to have landed.
2. Take further measures to confirm the safety of the public, by checking whether there were or were not any objects which fell (to the ground or into the water) in Japanese territorial areas where the flying object is deemed to have flown over.
3. Respond in collaboration with the United States, the Republic of Korea and other countries concerned.

Instructions by Prime Minister Taro Aso issued immediately after the launch of a flying object from North Korea around 11:30 Japanese time, 5 April 2009
1. Confirm the safety and security of Japanese territorial areas and those of aircraft and vessels;
2. Further reinforce information-gathering;
3. Ensure that swift and timely information is provided to the public.

Full Text -- Obama Speech in Czech Republic: Nuclear Weapons, NATO, End of Cold War

"...One nuclear weapon exploded in one city -- be it New York or Moscow, Islamabad or Mumbai, Tokyo or Tel Aviv, Paris or Prague -- could kill hundreds of thousands of people. And no matter where it happens, there is no end to what the consequences might be -- for our global safety, our security, our society, our economy, to our ultimate survival...

FULL TEXT: US President Barack Obama's remarks in Prague, Czech Republic
Sunday April 5th, 2009:

Thank you so much. Thank you for this wonderful welcome. Thank you to the people of Prague. Thank you to the people of the Czech Republic. Today, I'm proud to stand here with you in the middle of this great city, in the center of Europe. And, to paraphrase one of my predecessors, I am also proud to be the man who brought Michelle Obama to Prague.

To Mr. President, Mr. Prime Minister, to all the dignitaries who are here, thank you for your extraordinary hospitality. And to the people of the Czech Republic, thank you for your friendship to the United States.
I've learned over many years to appreciate the good company and the good humor of the Czech people in my hometown of Chicago. Behind me is a statue of a hero of the Czech people -- Tomas Masaryk. In 1918, after America had pledged its support for Czech independence, Masaryk spoke to a crowd in Chicago that was estimated to be over 100,000. I don't think I can match his record -- but I am honored to follow his footsteps from Chicago to Prague.
For over a thousand years, Prague has set itself apart from any other city in any other place. You've known war and peace. You've seen empires rise and fall. You've led revolutions in the arts and science, in politics and in poetry. Through it all, the people of Prague have insisted on pursuing their own path, and defining their own destiny. And this city -- this Golden City which is both ancient and youthful -- stands as a living monument to your unconquerable spirit.
When I was born, the world was divided, and our nations were faced with very different circumstances. Few people would have predicted that someone like me would one day become the President of the United States. Few people would have predicted that an American President would one day be permitted to speak to an audience like this in Prague. Few would have imagined that the Czech Republic would become a free nation, a member of NATO, a leader of a united Europe. Those ideas would have been dismissed as dreams.