North Korea's diplomacy to engage the United States

For the past two decades relations between North Korea and the United States have become increasingly hostile. Pervasive and vociferous criticism of North Korea's dangerous and seemingly irrational behaviour has focused on Pyongyang's use of nuclear brinkmanship, violations of human rights and general disregard for the well-being of the North Korean people, as exemplified by its decision to develop a nuclear programme while the country suffered from widespread famine. However, an alternate view put forth by both American and South Korean experts on North Korea holds that Pyongyang's use of the nuclear wager primarily has been intended to demand Washington's attention in order to initiate bilateral talks and eventually normalise relations with the US. Certainly, Pyongyang's actions have been ham-fisted at times; however, its commitment to the goal of normalisation has been unwavering. The current controversy regarding North Korea's nuclear programme may serve as a necessary step to build trust between Washington and Pyongyang and might continue for sometime, given the short history of direct engagement. However, one thing is clear: neither Washington nor Pyongyang can afford to go back to the starting point.     

North Korea’s participation in the Universal Periodic Review of Human Rights

North Korea’s participation in the UNHRC’s Universal Periodic Review (UPR)—a peer review in which states make recommendations to one another for improving human rights implementation—is a notable exception to its rejection of other human rights mechanisms. What explains North Korea’s willing participation in the UPR? This essay analyses North Korea’s participation in the first (2008–11) and second (2012–15) UPR cycles through its written submissions, responses to recommendations, and recommendations to other states. It finds that North Korea has consistently accepted weak recommendations, rejected more specific policy changes, and implemented accepted recommendations on a limited basis, allowing it to claim compliance with human rights at minimal cost. The UPR’s reliance on states’ self-reports and its inability to adjudicate competing factual claims allow North Korea to reject claims of egregious abuses, openly advocate for a radically state-centric vision of human rights, and challenge the legitimacy of human rights mechanisms like the Commission of Inquiry and Special Rapporteur while building support from other states with similar views. Notably, the Commission of Inquiry appears to have motivated North Korea to increase its cooperation with the UPR, demonstrating that the UPR complements but cannot replace other UN human rights mechanisms.     

Socioeconomic Influences on the Physical Wellbeing of Adults in Post-crisis North Korea: Regressing Women's MUAC on Available Household Data from a National Nutrition Survey

Nutritional adequacy in North Korea (DPRK) has remained spotlighted since the famine crisis of the mid-1990s. Data from national household surveys facilitated by UN agencies primarily focus on children, with interviews of their mothers. No data are collected on men, or specifically on adults. Survey data on adult escapees in China or South Korea are not representative of conditions prevailing in present-day North Korea. This study focuses on adults’ physical wellbeing by regressing women's mid-upper arm circumference (MUAC) as a proxy measure on selected household data from the third DPRK nutrition assessment. The results—with sampling limitations qualified—showed that residence in the ‘rice bowl’ region and access to farmers’ markets contributed most to wellbeing; differences in gross nutrition, biological factors, household size and even educational attainment mattered little. Further, elites in the national capital were worse off than households in the remote northeast, where proximity to China has facilitated trade exchanges for survival needs. All these signal emergent changes in household coping mechanisms, possibly even in the status quo, in present-day North Korea.     

Rice,Ethnicity, and the Collation of Archaeobotanical Data for Prehistoric Korea

Nationalism and archaeology are universally and almost unavoidably intertwined. The multilevel influence of nationalism not only delimits the legitimate interpretations of archaeological data but also determines the retrieval, analysis and dissemination of data. This point is illustrated in the present study with a historical overview of archaeobotanical data collation at four prehistoric sites, two in North Korea and two in South Korea, that were excavated between 1957 and 1981. The paper examines the persistent and increasing archaeological interest since the early 1970s in the search for rice, a crop that constitutes an integral part of the Korean ethnic identity. The remains of rice have tended to receive more scholarly attention, be subject to extended discussion, and be more widely publicized, compared to the relatively neglected research on the remains of other “miscellaneous” crops. This demonstrates that botanical remains from archaeological sites, often presented as an outcome of scientific scrutiny, are a social product and that greater attention needs to be paid to local archaeological concerns before the data are compared internationally or across different research traditions.     

South Korea’s North Korean Image Problem: Human Rights under the Spotlight

ABSTRACT

The 2014 United Nations Commission of Inquiry on Human Rights in North Korea (UN COI) had a decisive impact on South Korea’s approach to North Korea’s human rights abuses in the several years following its release. This article interprets moves within South Korea to support the UN COI’s recommendations as taken in the interests of ontological security, or a stable sense of identity, which has also driven the state’s broader initiatives on image management and nation branding. It extends the boundaries of nation-branding research by considering why and how a state may adopt policies that enhance its moral visibility and reputation in world affairs. It considers how a positive reputation is enhanced by demonstrating good international citizenship, promoting the visibility of state identity parameters beyond its culture and core industries. This article interprets the South Korean government’s efforts to act on North Korean human rights following the UN COI, as well as the significance of being seen to be doing so at home and abroad as security-giving behaviour asserting its moral authority in relation to North Korea. It explores how a longstanding policy of relative silence on North Korea’s human rights record acceded to identity-driven pressures arising from the UN COI and influencing South Korea’s international image-management strategy between 2014 and 2017.     

‘Like two pieces of the sky’: Seeing North Korea through accounts of the famine (Respond to this article at http://www.therai.org.uk/at/debate)

North Korea is renowned for its inaccessibility, with anthropologists and others compelled to work beyond its borders. Presented in this article are select findings from ethnographic research carried out in 2006 among refugee survivors of the North Korean famine living in South Korea. The ethnographic material shows how refugees’ accounts of their plight are shaped by the political conditions of North Korea.     

A chronic protection problem: the DPRK and the Responsibility to Protect

The Democratic Peoples' Republic of Korea (DPRK) is arguably the world's most chronic abuser of human rights. In an unprecedented move, a Commission of Inquiry established by the UN's Human Rights Council accused the DPRK government of systematic violations of human rights amounting to crimes against humanity. In so doing, the Commission succeeded in putting human rights in the DPRK on the global agenda. Within months the UN's General Assembly and Security Council had joined the human rights body in examining the issue. This article explains the emergence of this new engagement with human rights in the DPRK, showing its relation to the ‘Responsibility to Protect’ principle. It charts the growing sense of frustration felt at the lack of progress on human rights in DPRK and shows how this was manifested in the General Assembly's decision to pursue the Commission's recommendations and call on the Security Council to take concrete steps. Despite this, however, the article shows that there are powerful obstacles in the way of a more robust international approach to human rights in the DPRK and counsels a less confrontational approach focused on engaging China and building trust within the Security Council.     

From heaven to hell in ten days: the genocide trial in Guatemala

ABSTRACT

Latin America leads the world in efforts to prosecute perpetrators of gross violations of human rights in domestic courts. Domestic justice offers a number of advantages to international and hybrid tribunals: proceedings take place in close proximity to the site of the atrocities, facilitating victim participation; they are directed by domestic prosecutors and judges, thus contributing to local buy-in; and they can strengthen rule of law and legitimize fragile transitional democracies. The case of Guatemala appears to contradict such arguments, however, given the overturning of the landmark conviction of former dictator José Efraín Ríos Montt on charges of genocide and crimes against humanity and the ongoing impasse of the proceedings. Drawing on the author’s work as an international observer to the genocide trial, interviews with those directly involved in the case, and comparative research on human rights trials in Latin America, this article suggests an alternative reading. By situating the genocide trial in relation to the broader transitional justice process in Guatemala and in the region more broadly, it argues that current setbacks should be viewed as a backlash to initial transitional justice success that is neither unexpected nor fatal to the accountability process. Second, the article argues that the genocide case is illustrative of a victim-centred approach to human rights prosecutions that hold important lessons for transitional justice theory and practice, and examines the way in which victims of sexual violence were incorporated into prosecutorial strategies and helped to prove that a genocide had taken place in Guatemala. Finally, the article argues that despite the undoing of the genocide verdict, the very fact that the trial took place is historically and politically significant, both for survivors and for the construction of collective memory in Guatemala and Latin America as a whole.     

Memories of Music in Political Detention in Chile Under Pinochet

Music was commonly present in political detention centres during General Augusto Pinochet’s dictatorship (1973–1990), and has had important roles in post-dictatorship commemorations. However, music has received limited attention in cultural studies discussions of the Pinochet regime. This article examines a selection of memories of musical experiences of three former political prisoners, elicited through personal interviews. After contextualising the topic and discussing methodology, I present and discuss recollections of experiences in direct relation to torture and other cruel, inhuman and degrading treatment. By looking closely at the relationships between the musical experiences, genres and pieces remembered by the interviewees, a number of commonalities have emerged. However, I argue that these testimonies should be viewed in their uniqueness and specificity, and that the findings of this article are not necessarily representative of the experiences lived by the tens of thousands who went through political detention under Pinochet. This article also considers some of the ethical issues around work on human rights violations, and calls for recognition of the importance of archival and documentary work in relation to social and communal memory.     

Restructuring the US-South Korea alliance to deal with the second Korean nuclear crisis

As the US-South Korea alliance faces the second Korean nuclear crisis, Seoul and Washington no longer share a common unifying threat perception of North Korea. This divide has allowed North Korea to advance its interests by playing a 'South Korea card' against the United States in the nuclear standoff. The divide is not a transient problem that can be ignored or addressed with ad hoc fixes but a secular phenomenon rooted in South Korea's growing wealth and deepening democracy. What is needed now is more distance in the alliance. The alliance must be restructured to reflect the reality that South Korea can defend itself against North Korea without the help of the United States. For both Seoul and Washington, the restructured alliance would produce a more complete and robust set of options to advance their respective North Korea policies.     

Co-evolution of networks and discourses: a case from North Korean defector-activists

This article uses an eclectic approach of network and discourse analyses to examine symbiotic relations between the formation of professional networks and the constitution of normative discourses in international affairs. Based on more than 2000 English and Korean mixed materials about the five most-mentioned North Korean defector-activists in the media in 1998–2015, and assisted by a computer-based content analysis tool, the author demonstrates how each of those five defector-activists has employed their endogenous identities to join the system of international human rights activism and offered legitimate narratives for the campaigns against North Korea, while forming transnational networks in South Korea, the USA and the UK. She argues that individuals’ endogenous identities and agency are critical for shaping normative discourses in international human rights activism against North Korea in the first instance, which then grow exponentially through transnational networks formed by individuals.     

Experimental territoriality: Assembling the Kaesong Industrial Complex in North Korea

This paper examines the interactions of sovereignty and political economy that shape North Korea's Kaesong Industrial Complex (KIC)—an economic zone jointly operated by North and South Korea. Drawing on contemporary literatures concerning sovereignty, territoriality, and sites of political economic experimentation in East Asia, we argue that the KIC represents an experimental form of territoriality: one that is particularly volatile due to its unique geopolitical location where interaction among the various actors that compose it periodically shuts down or threatens to suspend the project. This volatility cannot be reduced to the structure of the North Korean regime alone, however. Rather, it must be situated within the continuation of a framework of enmity on the Korean peninsula as well as the ethical and political conundrums raised by the largely capitalist nature of the KIC as a form of inter-Korean economic cooperation.     

Choosing Sides in the Global Cold War: Switzerland,Neutrality, and the Divided States of Korea and Vietnam

This article examines neutral Switzerland's recognition policy towards the divided states of Korea and Vietnam. Drawing comparisons with other neutrals, notably Austria and Sweden, allows us to assess the credibility of neutrality in the Global Cold War. All three neutrals explicitly or implicitly aimed to reinforce their neutrality through the principle of universality, which entailed the recognition of all regimes, no matter their political couleur. Yet this principle was not applied consistently, but rather pragmatically. Until the beginning of the 1970s, Switzerland, as well as Austria and Sweden, favoured the Western-oriented over the Communist halves of Korea and Vietnam. Thereby, this article argues, they undermined the credibility of neutrality. They were, however, willing to take that risk, because they feared that the recognition of North Korea and North Vietnam could irritate the United States, and provoke East German claims for recognition, which was undesirable due to the Hallstein doctrine and West Germany's economic weight. It was only with the rise of the Third World as a political force, and the softening of the US position that the neutrals, which saw themselves in competition with each other for status and influence, eventually recognised North Korea and North Vietnam.     

Nuclear Sisyphus: the myth of denuclearising North Korea

Is North Korea ready and willing to give up its nuclear weapons? Proponents of arms control and sustained engagement with North Korea maintain that Pyongyang's desire to acquire nuclear weapons stemmed from ingrained insecurity vis-à-vis the United States or more specifically, the threat that the US poses to fundamental regime security.

However, the primordial source of Kim Jong Il's existential insecurity stems largely from the abnormal, structural idiosyncracies of his regime and not, as many naively believe, the hardline policies of the Bush administration. Accordingly, the Kim Jong Il regime's fundamental dilemma boils down to the fact that the domestic political costs of giving up its nuclear capabilities are just as high as the costs of retaining them.

Debunking the myth that the US, rather than North Korea, poses the greater challenge to South Korean security is as important as ensuring that North Korea dismantles its nuclear arsenal.     

Hungry for Justice: Social Mobilization on the Right to Food in India

This article explores the potential and limits of contemporary economic rights‐based social activism by analysing an ongoing ‘Right to Food Campaign’ in India. While social movement theory often positions radical and reform strategies as alternatives, the RTF campaign has adopted a hybrid strategy: it has made a radical legal demand that the right to food be recognized as intrinsic to the right to life, while seeking implementation of this right through reform of existing government feeding programmes. The campaign's dual strategy reflects two distinct logics of human rights: a logic of non‐derogable rights that are immediately actionable (such as the right to life) and a logic of progressive implementation of rights that can only be realized fully over time (such as economic rights). This article draws on original data to demonstrate that the campaign's radical legal demands framed around the non‐derogable right to life have come closer to fulfilment than its reformist demands around progressive implementation. The RTF campaign's relative success in galvanizing legal action on hunger is tempered by ongoing challenges in sustaining grassroots‐level mobilization and influencing public policy implementation.     

Russian-occupied Crimea and the state of exception: repression,persecution, and human rights violations

ABSTRACT

Since annexing Ukraine’s Crimean Peninsula in 2014, Russian authorities there have introduced harsh repressive measures to silence opposition to the ongoing occupation, chiefly targeting the indigenous Crimean Tatars and others pro-Ukrainian individuals. From the legally subversive methods it employed to orchestrate the annexation to the rhetoric of anti-extremism with which it has continually justified its occupation, the Kremlin has inaugurated a new “state of exception” in Crimea, invoking the prerogative to circumvent normative legal and juridical procedures in response to a perceived emergency. While Crimea’s state of exception resembles those initiated elsewhere by some Western states and Russia itself as part of the global War on Terror, the state of exception has provided the pretext for a particularly severe degree of repression, persecution, and human rights violations in occupied Crimea. In conjunction with the Kharkiv Human Rights Protection Group, this article discusses the theoretical groundings of the state of exception, its broader applications within the Russian Federation, and its troubling repercussions for residents of Crimea. Casting the Kremlin’s actions as belonging to a state of exception helps draw attention to its alarming human rights violations, and may bolster resistance to the creeping normalization of the Russian occupation of Crimea.     

North Korea now

What are the possibilities for rapprochement between North Korea and the US? In this guest editorial the author considers some of the issues at play.     

Human Rights and Multinationals: Is there a Problem?

In recent years interested individuals and pressure groups have expressed considerable concern over the alleged complicity of multinational enterprises (MNEs) in violations of human rights. While such allegations are not historically unprecedented, the context in which they arise has changed. In particular, the increased integration of the global economy has created a perception that MNEs should take more responsibility for the social dimension of their actions, a perception that enterprises themselves have in part accepted through inter alia the issuing codes of corporate conduct. Furthermore, the rise of identity and lifestyle politics has made MNEs, as purveyors of products and services that help to define consumer lifestyles, a target of concern. These changes have significant implications for the evolution of human rights theory. In particular, they require a shift in the traditional view that corporations can only be victims of violations of human rights committed by states, towards one that extends responsibility for the commission, prevention and avoidance of such violations to MNEs themselves. On the other hand, there exist strong arguments against such an extension of human rights responsibilities. In particular, it is said that MNEs should only be responsible for the conduct of their business and should not be forced to involve themselves in such wider social issues. They are also private law entities and so should not possess the same responsibilities as states. This articles posits that such arguments in favour of extension, though strong and likely to remain influential, cannot answer the need for an extension of responsibility for human rights violations to MNEs where appropriate, on the basis that any attack on human dignity, whatever that legal nature and functions of its originator, must be liable to legal sanction. The technical legal means by which this might be done are considered. None the less, the article ends with a caution that any extension of human rights responsibilities to MNEs must not be allowed to deflect attention from the primary responsibility of states, as the most likely perpetrators of human rights violations, to avoid human rights violations on their own part and to establish a legal order in which the risk of such violations committed by private entities can be minimized, whether through effective national regulatory laws or international agreements on standards of corporate conduct.     

The political economy of economic reform in North Korea

For over 10 years, North Korea has undergone a severe economic crisis, including food shortages, which has inflicted great suffering upon the North Korean people. Given such dire realities, it is beyond all doubt that the North Korean government should actively carry out comprehensive economic reforms as quickly as possible which aim to transform North Korea's present inefficient socialist planned economic system into a market economic system. Many argue that such reforms would give rise to successful economic growth in North Korea, which could enhance the legitimacy of the North Korean regime. Yet, the North Korean regime has consistently avoided implementing economic reforms, even though it has had a number of opportunities to do so. The July 1st reforms, which were introduced in 2002, have been half-hearted and inconsistently applied. This then raises an important question: Why has the North Korean government avoided adopting comprehensive economic reforms? In other words, what is the crucial barrier that has hindered North Korea's implementation of economic reforms? This article pinpoints North Korea's unique political system—i.e. its monolithic system of political control and policy making which exhibits the highest level of power concentration in one individual among all political systems—as the biggest barrier to economic reforms. No doubt North Korea desperately needs comprehensive economic reforms, in light of its economic crisis and food shortages. Nonetheless, the current North Korean regime has avoided adopting such reforms since they will undermine North Korea's monolithic system. In conclusion, North Korea's monolithic system has been the biggest obstacle to North Korea's economic reforms.     

The enforcement problem in Resolution 2094 and the United Nations Security Council sanctions regime: sanctioning North Korea

This article deconstructs United Nations Security Council (UNSC) Resolution 2094 through the preambulatory statements, objectives, obligations, and implementation and enforcement provisions of UNSC Resolution 2094. The article proceeds in three parts. First, it reviews the academic literature on UNSC sanctions and their application in the North Korean case. Second, it deconstructs UNSC Resolution 2094 according to the common structural components of international legal instruments to assess the level of congruence between the objectives of UNSC Resolution 2094, its enforcement mechanisms and outcomes. Third, it explores the weaknesses of UNSC Resolution 2094, focusing on the gap between the objectives and enforcement mechanisms found in the resolution. The inability of the UNSC sanctions regime to prevent North Korea reaching the cusp of becoming a nuclear weapons power is evidence of the international community's weak leverage over Pyongyang, a situation arising from the vulnerability of South Korea to a North Korean attack and the cross-cutting strategic priorities of China; the absence of economic linkages between the Democratic People's Republic of Korea and the primary sanctions-sender state in the USA; and North Korea's commitment to a nuclear weapons capability as the foundation of its medium-term economic development strategy, its institutional governance structure and associated ideological commitments.