본문 바로가기
KERD
논문KCI 등재

[Special Issue] The Responsibility to Protect and Northeast Asia: The Case of North Korea

0

조회

0

다운로드

4

인용

0

참고문헌

키워드

초록

The Responsibility to Protect in international relations and international law has been widely debated during the past decade. However, relatively few commentators have focused on Northeast Asia as a whole and analyzed whether the Responsibility to Protect applies to North Korea. Therefore, the following article examines the Responsibility to Protect from the perspective of Northeast Asia and elaborates on the question of whether North Korea has manifestly failed the R2P and whether the international community has a responsibility to act. There appears to be strong evidence that North Korea has violated its responsibility to protect its own citizens by committing crimes against humanity. Nevertheless,there has been little recognition by governments that the current human rights situation would trigger the responsibility of the international community. There will also be voices arguing that the denuclearization of the peninsula should have priority over human rights concerns. This article will argue, however, that treating human rights issues as a taboo will not guarantee any success in future arms negotiations.

Abstract

The Responsibility to Protect in international relations and international law has been widely debated during the past decade. However, relatively few commentators have focused on Northeast Asia as a whole and analyzed whether the Responsibility to Protect applies to North Korea. Therefore, the following article examines the Responsibility to Protect from the perspective of Northeast Asia and elaborates on the question of whether North Korea has manifestly failed the R2P and whether the international community has a responsibility to act. There appears to be strong evidence that North Korea has violated its responsibility to protect its own citizens by committing crimes against humanity. Nevertheless,there has been little recognition by governments that the current human rights situation would trigger the responsibility of the international community. There will also be voices arguing that the denuclearization of the peninsula should have priority over human rights concerns. This article will argue, however, that treating human rights issues as a taboo will not guarantee any success in future arms negotiations.

참고문헌 (68)

  1. Victor Cha, "The Impossible State, In North Korea Past and Future", pp.166~ (2012), Ecco
  2. "The Responsibility to Protect (Ottawa: The International Development Centre, 2001)"[URL]
  3. The Panel had been tasked with examining the major threats and challenges to peace and security at the beginning of the 21st century. See in detail, , A More Secure World: Our Shared Responsibility, 203~, pp.UN doc. A (2004), 59[DOI]
  4. "The full text of the world summit outcome"[URL]
  5. "UN Secretary-General Ban, Address to the Summit of the African Union in Addis Ababa, January 31, 2008", UN doc. SG, 11396, pp.2008, ~
  6. "UN Secretary-General Ban Ki-moon, Secretary-General Defends, Clarifies ‘Responsibility to Protect’at Berlin Event", UN doc. SG, 11701, pp.2008, ~
  7. Report of the Secretary-General, Implementing the Responsibility to Protect, , UN Doc. A, 677, pp.2009, ~
  8. "The General Assembly debate on the R2P"[URL]
  9. "For further information"[URL]
  10. Alex J. Bellamy, "The Responsibility to Protect in the Asia-Pacific Region", Security Dialogue, 40(6), pp.547~ (2009)
  11. "See Backgrounder: Five Principles of Peaceful Coexistence"[URL]
  12. Zhongying Pang, "China’s Non-Intervention Question", Global Responsibility to Protect, 1, pp.237~ (2009)
  13. Jonathan E. Davis, "From Ideology to Pragmatism: China’s Position on Humanitarian Intervention in the Post-Cold War Era", Vanderbilt Journal of Transnational Law, 44, pp.217~ (2011)
  14. Sarah Teitt, "Assessing Polemics, Principles and Practices: China and the Responsibility to Protect", Global Responsibility to Protect, 1, pp.208~ (2009)
  15. "Statement by Ambassador Liu Zhemin at the Plenary Session of the General Assembly on the Question of “Responsibility to Protect,”"[URL]
  16. "China and the Responsibility to Protect (Asia-Pacific Centre for the Responsibility to Protect, December 19, 2008)"[URL]
  17. "Ambassador Yukio Takasu Permanent Representative of Japan on the Responsibility to Protect"[URL]
  18. "H.E. Mr. Park In-kook Permanent Representative of the Republic of Korea to the United Nations Plenary Meeting of the General Assembly on Responsibility to Protect"[URL]
  19. "H.E. Mr. Pak Tok Hun Ambassador, Deputy Permanent Representative on Agenda Item 44 and 107"[URL]
  20. "Ranking of Military and Police Contributions to UN Operations"[URL]
  21. Lu Jianping, "China’s Attitude Toward the ICC", Journal of International Criminal Justice, 3, pp.608~ (2005)
  22. "UN doc. S", PV. 6498 (March 17, 2011), 2011
  23. "UN docs. S", PV.6627 (October 4, 2011) and S, 77 (February 4, 2012) (2012)[DOI]
  24. "Freedom in the World 2012: The Arab Uprisings and their Global Repercussions 19"[URL]
  25. "Office of the High Commissioner for Human Rights, United Nations Human Rights, Democratic People’s Republic of Korea"[URL]
  26. "US Department of State, Office of the Special Envoy for Human Rights in North Korea"[URL]
  27. "Amnesty International, Human Rights in the Democratic People’s Republic of North Korea"[URL]
  28. "Human Rights Watch, North Korea"[URL]
  29. "Korean Institute for National Unification, White Papers on Human Rights in North Korea 1996–2011"[URL]
  30. "National Human Rights Commission, Human Rights in North Korea"[URL]
  31. "U.S. Department of State, 2010 Human Rights Report: Democratic People’s Republic of Korea"[URL]
  32. Victor Cha, "The Impossible State", pp.170~171
  33. Grace M. Kang, "A Case for the Prosecution of Kim Jong Il for Crimes against Humanity, Genocide, and War Crimes", Columbia Human Rights Law Review, 38, pp.51~80 (2006)
  34. David Marcus, "Famine Crimes in International Law", AJIL, 97, pp.245~ (2003)
  35. "Legal Grounds for Protection of North Korean Refugees, Brooking Opinion Fall 2010"[URL]
  36. Elim Chan, "North Korean Refugees and International Refugee Law", International Journal of Refugee Law, 19(2), pp.215~ (2007)
  37. "China Sends Defectors back to North, JoongAng Daily, February 25, 2012"[URL]
  38. "2012 from the Permanent Mission of the Democratic People’s Republic of Korea to the United Nations Office at Geneva addressed to the President of the Human Rights Council", UN doc. A, 19, pp.G, 1[DOI]
  39. Report of the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea, "Vitit Muntarbhorn", UN doc. A, 13, pp.47, 2010[DOI]
  40. "UN doc. E", CN.4, 34 (January 10, 2005) (2005), 2005[DOI]
  41. "See also the three annual resolutions adopted by the predecessor of the Human Rights Council, the United Nations Commission on Human Rights", Resolution Res, 10, E, pp.CN.4?RES (2003), 2003[DOI]
  42. "Amnesty International, North Korea: Political Prison Camps, AI Index", ASA 24, 2011, ~
  43. Human Rights Council, "The Situation of Human Rights in the Democratic People’s Republic of Korea", UN doc. A, RES, pp.19, 13[DOI]
  44. Democratic People’s Republic of Korea, "National Reports Submitted in Accordance with Paragraph 15 (A) of the Annex to Human Rights Council Resolution 5", 1, HRC, pp.WG.6, 6[DOI]
  45. "See UN doc. A", HRC, 65 (February 13, 2012), 2012[DOI]
  46. Tsuneo Akaha, "The Responsibility to Protect and its Limits in North Korea", International Conference on Non Traditional Security Issues in North Korea Proceedings, pp.139~ (2010)
  47. Debra Liang-Fenton, "Failing to Protect: Food Shortages and Prison Camps in North Korea", Asian Perspective, 31(2), pp.47~74 (2007), 극동문제연구소
  48. Kang, "A Case for the Prosecution of Kim Jong Il", pp.113~
  49. "DLA Piper and U.S. Committee for Human Rights in North Korea, Failure to Protect: A Call for the Security Council to Act in North Korea"[URL]
  50. "Failure to Protect: The Ongoing Challenge of North Korea"[URL]
  51. "Concentrations of Inhumanity (Freedom House, May 2007)"[URL]
  52. "North Korea Gulags ‘Hold 150,000’"[URL]
  53. "Group to Tag Kim Jong Il for Abuses"[URL]
  54. "Defectors Seek to Meet UN on North Korea"[URL]
  55. "North Korea: The World’s Principal Violator of Responsibility to Protect"[URL]
  56. "The Situation of Detainees in Gulag System (Kwan-li-so) of the Democratic People’s Republic of Korea"[URL]
  57. "Put North Korea on Trial"[URL]
  58. Randle C. DeFalco, "Accounting for Famine at the Extraordinary Chambers in the Courts of Cambodia: The Crimes against Humanity of Extermination, Inhumane Acts and Persecution", The International Journal of Transitional Justice, 5, pp.142~ (2011)
  59. Melly Caballero, "Cyclones and Humanitarian Crises: Pushing the Limits of R2P in Southeast Asia", Global Responsibility to Protect, 2, pp.135~ (2009)
  60. Jürgen Hacke, "Myanmar, the Responsibility to Protect, and the Need for Practical Assistance", Global Responsibility to Protect, 2, pp.156~ (2009)
  61. Shin Dong-hyuk, "Escape from Camp 14: One Man’s Remarkable Odyssey from North Korea to Freedom in the West" (2012), Viking Penguin
  62. Kang Chol-hwan, "The Aquariums of Pyongyang" (2001), Basic Books
  63. Robert Cryer, "Elizabeth Wilmshurst, An Introduction to International Criminal Law and Procedure", pp.194~195 (2007), Cambridge University Press
  64. "Christian Solidarity Worldwide, North Korea: A Case to Answer"[URL]
  65. Erika de Wet, "The Chapter VII Powers of the United Nations Security Council", pp.149~177 (2004), Hart Publishing
  66. "See SC Resolution 688 (April 5, 1991)", ~ (1991)
  67. Report of the Working Group on the Universal Periodic Review, Democratic People’s Republic of North Korea, "Human Rights Council", UN doc. A, 13, pp.13, 2010[DOI]

관련 논문AI추천

이 간행물의 다른 논문 (8건)