FRQVHQWHG WR PRVW RI WKH REOLJDWLRQV DQG ULJKWV DW LVVXH WKURXJK LWV UDWLĂ€FDWLRQ RI several relevant international treaties. Customary law consists of widely accepted state duties and privileges that are followed out of “a sense of mutual obligation.â€?4 Customary law applies to the DPRK, as well as all other nation-states, whether or not they have explicitly accepted such obligations. However, while these principles are considered binding international law, absent a treaty or international convention, there is no easily judiciable way for states to enforce these rights. The DPRK’s practice of abducting and secretly detaining foreign nationals violates numerous international agreements to which the DPRK is a party, including, but not limited to, the United Nations Charter,5 the International Covenant on Civil and Political Rights,6 the International Covenant on Economic, Social and Cultural Rights,7 and the International Convention Against the Taking of Hostages.8 Many of the rights violated by North Korea, while encapsulated in these and other international agreements to which the DPRK is party, are also considered customary international law to which all countries are bound. In particular, North Korean actions violate numerous provisions of the Universal Declaration of Human Rights.9 North Korea’s Actions Have Violated International Conventions Article 2 Paragraph 4 of the U.N. Charter provides that all states shall “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any stateâ€? and Article 2 Paragraph 7 prohibits states from “intervene[ing] in matters which are essentially within the domestic jurisdiction of any state.â€?10 Nevertheless, the DPRK has routinely entered 4
Douglas J. Sylvester, &XVWRPDU\ ,QWHUQDWLRQDO /DZ )RUFLEOH $EGXFWLRQ DQG $PHULFD¡V 5HWXUQ WR WKH ´6DYDJH 6WDWH Âľ 42 Buff. L.R. 555, 576 (1994). 4 U.N. Charter, Oct. 24, 1045, 1 U.N.T.S 16 [hereinafter U.N. Charter], DYDLODEOH DW http://www.unhcr.org/ refworld/docid/3ae6b3930.html. 5 International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171 [hereinafter ICCPR], DYDLODEOH DW http://www2.ohchr.org/english/law/ccpr.htm. 6 International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3 [hereinafter ICESCR], DYDLODEOH DW http://www2.ohchr.org/english/law/cescr.htm. 7 International Convention Against the Taking of Hostages, G.A. Res. 146 (XXXIV), U.N. GAOR, 34th Sess., Supp. No. 46, at 245, U.N. Doc. A/34/46 (1979), entered into force June 3, 1983. 8 Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948) [hereinafter UDHR], DYDLODEOH DW http://www.un.org/en/documents/udhr/index.shtml. 9 U.N. Charter, VXSUD QRWH DUW $UWLFOH RI WKH 8 1 &KDUWHU FRGLĂ€HV WKH FRQFHSW RI VRYHUHLJQ equality. The DPRK was admitted as a U.N. member-state on September 17, 1991, and is a signatory to the U.N. Charter, which is itself an international treaty. Among the U.N. Charter Principles that are particularly relevant to this discussion are: Principle 1: “The Organization is based on the principle of the sovereign HTXDOLW\ RI DOO LWV 0HPEHUV Âľ DQG 3ULQFLSOH ´$OO 0HPEHUV VKDOO UHIUDLQ LQ WKHLU LQWHUQDWLRQDO UHODWLRQV IURP the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. 10 U.N. Charter, VXSUD, note 5, art. 56.
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