As you all will know, North Korea tested a nuclear weapon over the weekend, claiming it was a thermonuclear device. The US Ambassador to the UN today urged a tough response to North Korea's actions, even as claims emerged that North Korea is preparing for yet further missile launches.
President Trump suggested in a Tweet that the U.S. might terminate all trade with countries that continue to trade with North Korea, which would potentially mean breaking off all trade with China. Meanwhile Secretary of Defense Mattis made a statement in which he said that the U.S. was prepared to launch a "massive military response" in the event that North Korea threatened the U.S. or its allies. Would either of these actions be lawful under international law? Why or why not?
Article 2(4) of the UN Charter says that use of force is prohibited. Article 51 does recognize the right to self-defense, but it's extremely unlikely that what North Korea has been up to would constitute a threat to which use-of-force would be an appropriate response. justification for use of force requires that the threat of attack be imminent. North Korea, is essentially just being a bully and throwing his toys around the sandbox. The one incident that may come somewhat close is launching a missile over Japan, but even then, it's unclear. So, depending on what Mattis considers a "massive military response" and a "threat," use of force in self defense may or may not be legal the future, if used as a last resort. As it stands right now, it likely is not.
ReplyDeleteAs for cutting off trade with countries that trade with North Korea, I'm assuming doing so would violate more than a few treaties. Other than that, I'm not familiar with, and through a cursory search can not find, prohibitions on unilateral trade sanctions. It may not be the best idea but besides treaty violations, I don't think it's necessarily illegal.