Marking the 70th Anniversary of the Korean Armistice Agreement: A Means to Peace
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This year marks the 70th anniversary of the signing of the Korean Armistice Agreement that ceased the military hostilities on the Korean peninsula in1953. The Agreement successfully maintainedthe cessation of hostilities on the Korean Peninsula and prevented the resumption of the Korean War. However, tensions remain high. It is time to take the next step to end the Korean War and bring lasting peace to the Korean peninsula through a peace treaty. This article aims to analyze the legal implications of the Korean Armistice Agreement and the temporary nature of the Agreement. This article further argues that with the existence of a peace treaty, a new justification will be needed for any of the parties to use force against another or otherwise, such use of force would be a violation of international law.
Abstract
This year marks the 70th anniversary of the signing of the Korean Armistice Agreement that ceased the military hostilities on the Korean peninsula in1953. The Agreement successfully maintainedthe cessation of hostilities on the Korean Peninsula and prevented the resumption of the Korean War. However, tensions remain high. It is time to take the next step to end the Korean War and bring lasting peace to the Korean peninsula through a peace treaty. This article aims to analyze the legal implications of the Korean Armistice Agreement and the temporary nature of the Agreement. This article further argues that with the existence of a peace treaty, a new justification will be needed for any of the parties to use force against another or otherwise, such use of force would be a violation of international law.
참고문헌 (43)
- "Agreement on Reconciliation, Non-Aggression and Exchanges and Cooperation between the South and the North. December 13, 1991", ~ (1991)
- Anderlini, Sanam Naraghi, "Post-Conflict Reconstruction, Inclusive Security, Sustainable Peace: A Toolkit for Advocacy and Action" (2004), Hunt Alternatives Fund and International Alert
- "Armistice Agreement between Germany and the Allies. November 11, 1918", ~ (1918)
- "Armistice Agreement: Agreement Between the Commander-In-Chief, United Nations Command, on the One Hand, and the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, on the Other Hand, Concerning a Military Armistice in Korea. July 27, 1953", ~ (1953)
- "Armistice Between France and Russia. June 21, 1807", ~ (1807)
- Aust, Anthony, "Modern Treaty Law and Practice" (2013), Cambridge University Press
- Bailliet, Cecilia Marcela, "Promoting Peace Through International Law" (2015), Oxford University Press
- Bass, Gary J., "Jus Post Bellum", Philosophy & Public Affairs, 32(4), pp.384~412 (2004)
- Bell, Christine, "Peace Agreements : Their Nature and Legal Status", The American Journal of International Law, 100(2), pp.373~412 (2006)
- "North Korea Blows Up Joint Liaison Office with South in Kaesong" (2020)[URL]
- Brezina, Corona, "The Treaty of Versailles, 1919: a Primary Source Examination of the Treaty That Ended World War I" (2006), Rosen Pub. Group
- "Trust-Building Process on the Korean Peninsula Continues. Korean Institute for National Unification Online Series CO16-07" (2016)[URL]
- Choi, Hoeun, "Just War or Not: A Reassessment of the Korean War", International Journal of Social Science and Humanity, 4(3), pp.229~232 (2014)
- "Constitution of the Republic of Korea. July 17, 1948", ~ (1948)
- Czepek, Vita, "Peace Agreements as International Legal Acts Protecting National Minorities: The Scope Ratione Personae", Bialystok Legal Studies, 26(5), pp.75~89 (2021)
- Robin Edmonds, "Yalta and Potsdam: forty years afterwards", International Affairs, 62(2), pp.197~216 (1986), Oxford University Press (OUP)[DOI]
- "Eisenhower, Radio and Television Address to the American People Announcing the Signing of the Korean Armistice" (1953)[URL]
- North Korean Provocations and the Assurance Challenge for the ROK-US Alliance, "Go, Myong-Hyun", Center for Foreign Policy and National Security, ~ (2022)
- Govindasmy, Geetha, "Kim Dae Jung and the Sunshine Policy : An Appealing Policy Option for Inter-Korean Relations", SARJANA, 27(1), pp.1~15 (2012)
- Gross, L., "The Peace of Westphalia, 1648-1948", The American Journal of International Law, 42(1) (1948)
- "International Humanitarian Law: Answers to Your Questions", International Committee of the Red Cross, ~ (2014)
- Kim, Insoo, "Has South Korea’s Engagement Policy Reduced North Korea’s Provocations?", North Korean Review, 7(2), pp.57~65 (2011)[DOI]
- Klabbers, Jon, "International Law" (2017), Cambridge University Press
- Kleffner, Jann K., "Max Planck Encyclopedias of International Law" (2011)
- Lautherpacht, Hersch, "Oppenheim’s International Law" (1952), Longmans, Green and Co
- "Yoon Vows to Build Strong Security Through Overwhelming Power" (2023)[URL]
- Howard S. Levie, "The Nature and Scope of the Armistice Agreement", American Journal of International Law, 50(4), pp.880~906 (1956), Cambridge University Press (CUP)[DOI]
- Lyou, Byung-Hwa, "Peace and Unification in Korea and International Law", Occasional Papers, 1986, pp.73(2), ~[DOI]
- "Moon Jae In’s Policy on the Korean Peninsula" (2023)[URL]
- "Mutual Defense Treaty Between the United States and the Republic of Korea. October 1, 1953", ~ (1953)
- "Nashville, C. & St. L. Ry. v. Wallace, 288 U.S. 249 (1933)", ~ (1933)
- "North-South Joint Communique. July 4, 1972", ~ (1972)
- "Panmunjom Declaration on Peace, Prosperity and Reunification of the Korean Peninsula. April 27, 2018", ~ (2018)
- 박인휘, "The Korean Peace System after the Korean War: International Factors and the Current Significance", International Journal of Korean Unification Studies, 29(1), pp.57~76 (2020), 통일연구원[DOI]
- Posner, Eric A., "Transitional Justice as Ordinary Justice", Harvard Law Review 117, no, 3, pp.761~825 (2004)[DOI]
- Secretary-General, "United Nations Approach to Transitional Justice", ~ (2010)
- Scott Snyder, "CHEONAN AND YEONPYEONG", The RUSI Journal, 156(2), pp.74~81 (2011), Informa UK Limited[DOI]
- "The Law of Land Warfare", U.S. Army, Basic Field Manual 27-10, ~ (1940)
- The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, "U.N. Secretary General, U.N. Security Council", UN Headquarters, ~ (2004)
- United Nations, "Vienna Convention on the Law of Treaties. UN Treaty Series 1155", 331~ (1969)
- "U.S. Enters the Korean Conflict"[URL]
- Williams, Robert E., "Jus Post Bellum : Just War Theory and the Principles of Just Peace", International Studies Perspectives, 7(4), pp.309~320 (2006)
- "1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land and its Annexes: Regulations Concerning the Laws and Customs of War on Land. October 18, 1907", ~ (1907)
