A Legal Interpretation of North Korea’s Nuclear Program

The devastating display of nuclear weapons ’ destructive ability in World War II by the United States led other capable countries to follow suit in developing comparable nuclear technologies. The arms race and Cold War between the Union of Soviet Socialist Republics and the United States that ensued were by no means unexpected given the tense geopolitical setting of the time. This, among other factors outside the scope of this paper, led to the creation of the International Atomic Energy Agency (IAEA) as well as a landmark international agreement entitled the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Over time, additional states signed onto these agreements; by December of 1985, the Democratic People’s Republic of Korea (DPRK, North Korea) had signed onto both.1 Unfortunately, and contrary to global efforts to foster and maintain a world that exclusively uses nuclear energy for peaceful purposes, North Korea has frequently failed to follow the terms of these agreements. After a decade long series of negotiations and attempted diplomatic settlements, North Korea officially withdrew from the NPT in April of 2003.2 This unprecedented maneuver took place in a very murky pond of international law. The intent of this paper is to clear the water by analyzing these matters in a lega