North Korea Trawler Chase Highlights UN Resolution Weakness

Bruce Klingner / June 19, 2009

The US Navy is shadowing a North Korean freighter that may be transporting military cargo banned by UN Resolution 1874. US defense officials have not identified the suspected military contraband, which could run the gamut from conventional weapons to missiles or even nuclear technology or components. The UN resolution imposed such tightly constrained means for enforcement that it now hinders international efforts to prevent North Korean nuclear and missile proliferation.

The UN resolution, passed on June 12 in response to North Korea’s recent nuclear test, is plagued with loopholes. The document merely “calls upon” rather than requires member nations to inspect cargo suspected of containing restricted materials. Nations can only inspect suspect vessels with the consent of the flag nation; without such consent, the ship must be directed to an “appropriate and convenient” port for the required inspection. China resisted efforts to base implementation on Article 42 of Chapter 7 of the UN Charter, which would have allowed military force to uphold the resolution.

The danger of North Korean proliferation is high, since it previously sold missiles to several countries and was assisting Syria to construct a nuclear reactor prior to it being bombed by Israel in September 2007. Media reports have cited the Kang Nam as a “known proliferator.” However, previous instances of law enforcement seizure of the ships (several North Korean freighters share the same name) were in response to safety violations rather than illegal cargo. A rumored October 2006 interception for suspected arms smuggling proved to be erroneous. (more…)