Does President Trump have the authority to totally destroy North Korea? Prof. Robert F. Turner Distinguished Fellow Center for National Security Law University of Virginia School of Law
Initial Thoughts When Evan first suggested this topic, I thought I would criticize President Trump for violating Article 2(4) of the UN Charter and making illegal threats.
Initial Thoughts When Evan first suggested this topic, I thought I would criticize President Trump for violating Article 2(4) of the UN Charter and making illegal threats. Then I read Trump s actual words, and realized the issue was more complex.
President Trump s Statement Sept. 19, 2017 UNGA The United States has great strength and patience, but if it is forced to defend itself or its allies, we will have no choice but to totally destroy North Korea.
President Trump s Statement Sept. 19, 2017 UNGA The United States has great strength and patience, but if it is forced to defend itself or its allies, we will have no choice but to totally destroy North Korea.
President Trump s Statement Sept. 19, 2017 UNGA Under certain The United States has great strength circumstances, and patience, but if it is forced to the President defend itself or its allies, we will would have this have no choice but to totally destroy power. North Korea.
President Trump s Statement Before we consider Sept. 19, options, 2017 UNGA let s set the stage with a Under certain review The of United some States of the law, has great strength circumstances, facts, and and patience, policy issues. but if it is forced to the President defend itself or its allies, we will would have this have no choice but to totally destroy power. North Korea.
The Threat North Korea possesses deliverable nuclear weapons and enough conventional artillery to rain an estimated 600 rocket and artillery rounds on the roughly 24 million people in the Greater Seoul area in less than 30 minutes.
The Threat North Korea possesses deliverable Their nuclear nuclear weapons weapons and can enough reportedly conventional hit South artillery Korea, to rain Japan, an and estimated other targets 600 as rocket far as and parts artillery of the rounds United on States. the roughly 24 million people in the Greater Seoul area in less than 30 minutes.
International Law The Law of the UN Charter
Article 1 UN Charter The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace....
Article 1 UN Charter The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace....
Article 1 UN Charter I would note that the UN Security Council has repeatedly declared North Korea s nuclear program to be a threat to the peace. The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace....
Most recently, Security Article Council 1 Resolution 2375 (Sept. 11, 2017) declared: I would note that the UN Security UN Charter Council has Reaffirming repeatedly that declared proliferation of nuclear, chemical and North Korea s biological nuclear weapons, program as well as their means of delivery, to be a threat constitutes to the a peace. threat to international peace and security, The Purposes of the United Nations are:.... Expressing its gravest concern that the DPRK s ongoing 1. To maintain international peace nuclear and ballistic missile related activities have and security, and to that end: to take and security effective.... collective measures for the prevention and removal of threats to the peace.... destabilized the region and beyond, and determining that there continues to exist a clear threat to international peace
Article 2(4) UN Charter All Members shall refrain in their international relations from 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.
Article 25 UN Charter The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 25 UN Charter The Security Council has adopted 8 major resolutions on North Korea s nuclear program. The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 25 UN Charter The Security Council has adopted 8 major resolutions on North Korea s nuclear program. All were unanimous, and adopted under Chapter VII (enforcement action regarding threats to the peace. ) The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North Korea s nuclear program. The Members of the United Nations All Demands were unanimous, that North and Korea adopted refrain under from Chapter further VII nuclear (enforcement missile agree action tests; to accept regarding and threats carry to the out peace. ) the Demands decisions North Korea of the return Security to the Nuclear Council Non- Proliferation Treaty (NPT); Decides in accordance North Korea shall with suspend the all present ballistic missile Charter. activities; Decides North Korea shall abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North Korea s nuclear program. The Members of the United Nations All Demands were unanimous, These that are North binding and Korea adopted legal refrain obligations under from Chapter further under VII nuclear (enforcement missile agree Article action tests; to 25 of accept regarding the Charter and threats which carry to North the out peace. ) the Demands decisions Korea North obligated Korea of the return to carry Security to out. the Nuclear Council Non- Proliferation Treaty (NPT); Decides in accordance North Korea shall with suspend the all present ballistic missile Charter. activities; Decides North Korea shall abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North Korea s nuclear program. The Members of the United Nations All Demands were unanimous, These that are North binding and Korea adopted legal refrain obligations under from Chapter further under VII nuclear (enforcement missile agree Article action tests; to 25 of accept regarding the Charter and threats which carry to North the out peace. ) the Demands decisions Korea North obligated Korea of the return to carry Security to out. the Nuclear Council Non- Proliferation Treaty (NPT); Decides in accordance North Korea shall with suspend the all present If the world community does not enforce ballistic missile Charter. international activities; law, it will not be a useful tool Decides in the North search Korea for shall peace. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North The Korea s League nuclear of Nations program. failed to enforce The Members of the United Nations All Demands were its rule unanimous, against that North aggression and Korea adopted when refrain under Japan These are binding legal obligations from Chapter further under VII nuclear (enforcement invaded missile agree Manchuria action tests; to accept regarding in 1930 threats and Italy Article 25 of the Charter which carry to North the out peace. ) the Demands invaded Ethiopia decisions North Korea in 1935. Korea obligated of the return to carry Security to out. the Nuclear Council Non- Proliferation Treaty (NPT); Decides in accordance North Korea shall with suspend the all present If the world community does not enforce ballistic missile Charter. international activities; law, it will not be a useful tool Decides in the North search Korea for shall peace. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North The Korea s League nuclear of Nations program. failed to enforce The Members of the United Nations All Demands were its rule unanimous, against that North aggression and Korea adopted when refrain under Japan At Munich These in 1938, are binding the allies legal allowed obligations from Hitler Chapter further under to seize VII nuclear (enforcement invaded missile agree Manchuria action tests; to accept regarding in 1930 threats and Italy part of Czechoslovakia. Article 25 of the Charter which carry to North the out peace. ) the Demands invaded Ethiopia decisions North Korea in 1935. Korea obligated of the return to carry Security to out. the Nuclear Council Non- Proliferation Treaty (NPT); Decides in accordance North Korea shall with suspend the all present If the world community does not enforce ballistic missile Charter. international activities; law, it will not be a useful tool Decides in the North search Korea for shall peace. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North The Korea s League nuclear of Nations program. failed to enforce The Members of the United Nations All Demands were its rule unanimous, against that North aggression and Korea adopted when refrain under Japan At Munich These in 1938, are binding the allies legal allowed obligations from Hitler Chapter further under to seize VII nuclear (enforcement invaded missile agree Manchuria action tests; to accept regarding in 1930 threats and Italy part of Czechoslovakia. Article 25 of the Charter which carry to North the out peace. ) the Demands invaded Ethiopia decisions North Korea in 1935. Korea obligated of the return to carry Security to out. the Nuclear Council Non- When Proliferation Hitler s military Treaty (NPT); commanders urged him to Decides in accordance North Korea shall with suspend the all present delay invading If the world Poland community because does the not French enforce ballistic and British missile Charter. might international activities; intervene, law, he it will replied: not be I saw a useful them tool at Munich. Decides in the They North search are Korea little for shall peace. worms. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 25 UN Charter 50 to 60 million people died The Members during of the World United War Nations II These are binding legal obligations under agree Article to 25 of accept because the Charter and the which carry world North out the decisions Korea community obligated of the to carry was Security out. unwilling Council to in accordance enforce international with the present law. If the world community does not enforce Charter. The For Security example, Council UNSC has Resolution adopted 81718 major (Sept. resolutions 2017): on North The Korea s League nuclear of Nations program. failed to enforce All Demands were its rule unanimous, against that North aggression and Korea adopted when refrain under Japan At Munich in 1938, the allies allowed from Hitler Chapter further to seize VII nuclear (enforcement invaded missile Manchuria action tests; regarding in 1930 threats and Italy part of Czechoslovakia. to the peace. ) Demands invaded Ethiopia North Korea in 1935. return to the Nuclear Non- When Proliferation Hitler s military Treaty (NPT); commanders urged him to delay Decides invading North Poland Korea shall because suspend the French all ballistic and British missile might international activities; intervene, law, he it will replied: not be I saw a useful them tool at Munich. Decides in the They North search are Korea little for shall peace. worms. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
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Article 25 UN Charter As For an example, international 50 UNSC to 60 Resolution lawyer, If million the Security 1718 I people (Sept. Council died 2017): The League of Nations failed to enforce think its The rule it is against Members critically aggression during important of is the seen World United as when Japan War impotent, Nations II At Munich These in 1938, are binding the allies legal allowed obligations Hitler under to seize to or invaded missile agree Manchuria Article tests; to 25 of accept in 1930 the Charter and Italy part bring of Czechoslovakia. an end to because North the message the which carry world North out won t the be Demands invaded Ethiopia decisions Korea North obligated Korea in 1935. Korea s nuclear community program. of the return missed to carry was Security to out. the unwilling by Nuclear tyrants Council Non- to When Proliferation Hitler s military Treaty (NPT); commanders urged him to Decides in accordance North enforce around Korea shall international with suspend the the all present globe. delay invading If the world Poland community because does the not French enforce ballistic law. and missile Charter. activities; The Security Council has adopted 8 major resolutions on North Korea s nuclear program. All Demands were unanimous, that North and Korea adopted refrain under from Chapter further VII nuclear (enforcement action regarding threats to the peace. ) British might international intervene, law, he it will replied: not be I saw a useful them tool at Munich. Decides in the They North search are Korea little for shall peace. worms. abandon its nuclear program in a complete, verifiable, and irreversible manner; Decides North Korea shall abandon all WMD activities.
Article 51 UN Charter Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security....
If North Korea Attacks Anyone President Trump can respond to a nuclear attack against the United States or an ally with nuclear weapons, and if necessary to make sure he has destroyed all of their nuclear weapons he can hit them very hard.
Other Arguments Humanitarian Intervention Continuation of Korean War
Humanitarian Intervention Several UNSC Resolutions have denounced NK spending limited resources on nukes and military at the expense of the welfare of population. Res. 2371 (2017) noted the UN Office for the Coordination of Humanitarian Assistance had found that more than half of North Korean were suffering from a lack of food and medicine, and nearly a quarter of its total population suffers from chronic malnutrition. That s well over 6 million people, and could provide a basis for Humanitarian Intervention.
Anticipatory Self-Defense There is an historic doctrine called Anticipatory Self-Defense that allows States to use force first in settings where it is clear they are about to be attacked. (Not all international lawyers believe it survived the Charter, but I disagree.)
Anticipatory Self-Defense CAROLINE TEST Letter from U.S. Secretary of State Daniel Webster to Lord Ashburton, July 27, 1842: It will be for that [UK] Government to show a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.
Anticipatory Self-Defense CAROLINE TEST Letter from SecState Daniel Webster to Lord Ashburton, July 27, 1842: It will be for that [UK] Government to show a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.
Anticipatory Self-Defense KENNEDY CORRORLARY During the 1962 Cuban Missile Crisis, JFK said: We no longer live in a world where only the actual firing of weapons represents a sufficient challenge to a nation's security to constitute maximum peril. Nuclear weapons are so destructive and ballistic missiles are so swift, that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
Anticipatory Self-Defense KENNEDY CORRORLARY During the 1962 Cuban Missile Crisis, JFK said: The We risks no of longer nuclear live weapons in a world does where increase only the the actual risks of waiting firing until of an weapons aggressor represents fires the first a sufficient shot, or his first tank crosses challenge a border. to a nation's security to constitute We may maximum need to peril. reassess Nuclear the rules weapons for justifying are so Humanitarian destructive Intervention. and ballistic missiles are so swift, that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
Anticipatory Self-Defense But there is a KENNEDY CORRORLARY tremendous risk tyrants During the 1962 Cuban Missile Crisis, JFK said: The We risks no of longer nuclear live weapons in a world does where increase only the the actual risks of will use this doctrine as waiting firing until of an weapons aggressor represents fires the first a sufficient shot, or his first tank crosses challenge a border. an to a nation's excuse security to to mask constitute We may maximum need to peril. reassess Nuclear the rules weapons for justifying are so Humanitarian destructive Intervention. aggression. and ballistic missiles are so swift, that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
2002 Turner proposed paradigm: Anticipatory Self-Defense But there is a KENNEDY CORRORLARY Examples: 1962 During Cuban the tremendous 1962 Missile Cuban CrisisMissile risk Crisis, tyrants JFK said: The 1967 We risks no Israel of longer nuclear 7-day live weapons war in a world does where increase only the the actual risks of will use this doctrine as waiting XXXXXX firing until of an weapons aggressor represents fires the first a sufficient shot, or his first tank crosses challenge a border. an to a nation's excuse security to to mask constitute We may maximum need to peril. reassess Nuclear the rules weapons for justifying are so Humanitarian destructive Intervention. aggression. and ballistic missiles are so swift, that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
Continuation of Korean War In 2006 North Korea responded to UNSC sanctions by declaring that the Korean War peace agreement was void.
Continuation of Korean War In 2006 North Korea responded to UNSC sanctions by declaring that the Korean War peace agreement was void. If North Korea says the Korean War was never ended, the U.S. could argue that it has the right to attack the enemy in an ongoing armed conflict.
Continuation of Korean War I would want my In 2006 North Korea responded to UNSC sanctions fee up by front declaring to take that the Korean this War argument peace agreement to was void. If North Korea says the Korean War the World Court. was never ended, the U.S. could argue that it has the right to attack the enemy in an ongoing armed conflict.
Continuation of Korean War I would want my In 2006 North Korea responded to UNSC sanctions fee up by front declaring to take Such a policy might lead North that Korea the to Korean launch this all-out War argument peace attacks agreement on to South was was never Korea, void. ended, killing the World large the U.S. numbers Court. could of innocent people and endangering 35.000 U.S. military forces as well. If North Korea says the Korean War argue that it has the right to attack the enemy in an ongoing armed conflict.
Constitutional Law The Commander in Chief vs. The Power to Declare War and the War Powers Resolution
Because our time is limited, I m going to save these issues for Q&A. Constitutional Law The Commander in Chief vs. The Power to Declare War and the War Powers Resolution
Are there any questions?
Are there any questions? I always like to reserve the first question for someone who is really upset....