Pyongyang, 13 February, Juche 106(2017)
Rt. Hon. Onsari Gharti Magar
Speaker of Legislative Parliament
Federal Democratic Republic of Nepal
Please allow me to convey warm greetings to you and all of your parliamentarians on behalf of the Supreme People's Assembly(SPA) and my own person.
It is with pleasure that I am sending you this letter to help you have a correct understanding on the illegality of the “Sanctions Resolution” issued by the United Nations Security Council (UNSC) against the DPRK in November last year.
As you may know, the US and its followers, denouncing the nuclear warhead explosion test by the DPRK as a “threat” and “provocation” to peace and security of the world, had instigated the UNSC to concoct a “sanctions resolution” against the DPRK.
Whatever sanctions, be it by the UNSC or by any individual power, shall never work on the DPRK which has become a full-fledged front-rank power in the nuclear and space club despite unprecedented sanctions by the US and hostile forces lasting for more than half a century.
We strongly condemn and reject the UNSC “Resolution” 2321 as it is a sinful document devoid of legitimacy, whose sole purpose is to wantonly violate the DPRK’s sovereignty.
The nuclear warhead explosion test by the DPRK was an exercise of its rights to self-defense and a practical countermeasure to the nuclear threats and rash acts of sanctions by the US and hostile forces. Furthermore, it was a demonstration of the will of our toughest stance to counterattack the enemy if it dares to provoke us.
Our fair and square self-defensive measure aimed at defending the national dignity and rights to existence as well as peace in the true sense of the word against the escalating nuclear threats of the US. It was a legitimate right of a sovereign state, never to be restricted by any international law.
It is clearly stipulated in the Article 51 of the United Nations Charter and the Article 12 of the “Declaration on Rights and Duties of the State” that each state has the inherent right of individual or collective self-defense.
But the US is, in wanton violation of the UN Charter and other international laws such as the Declaration on Non-Intervention in the Internal Affairs of Other Countries, resorting to vicious sanctions against the DPRK over the latter’s just self-defensive measures.
The US and other hostile forces, having already fabricated the UNSC’s “sanctions resolution” 2270 with an eye to isolate and stifle the DPRK, did not hesitate to pull off the long-worn veil of hypocritical allegations that measures imposed by the “resolution” were not intended to have adverse humanitarian consequences for the civilian population of the DPRK, but instead concocted another childish and reptile resolution, extending the scope of sanctions even to sports-related facilities and kitchenware, to say nothing of trade and technical cooperation. The sea and airspace of the DPRK as well could be placed under the total interception and blockade.
The Resolution set up a new record in its illegality and unlawfulness against DPRK by blocking the inter-bank payment channel for the DPRK’s contribution to the IPU and even including in sanctions domains such items as sports rifle & bullets as well as bow & arrow. This is a barbarian anti-humanity crime which poses a grave threat at the Koreans' rights of existence and destroys modern civilization as well as seeks for the restoration of the Dark Age.
It is well stipulated in the London Treaty on Definition of Aggression and the 39th UNGA Resolution on “Definition of Aggression” that the blockade-typed sanctions against a sovereign state at a peaceful time becomes an aggressive act and injustice.
The United Nations Committee of International Law once branded the sanctions imposed upon Iraq and Libya as an act of holding the people in those two countries hostage and stated that the sanctions of block nature constituted an anti-ethical crime in accordance with the principle stipulated by the Nürnberg International Tribunal Court.
Eventually, the UNSC’s “sanctions resolution” constitutes an anti-ethical one which falls into a category of war crime.
The Asian-African Legal Consultative Organization and the Arab Lawyers Union are condemning that the UN sanctions of blockade nature are themselves weapons of mass destruction (WMD) as they are regarded as an act of war committed in the name of global peace and security by a few countries named to represent the UNSC.
What can’t be neglected is the fact that even the provision of the Korean Armistice Agreement(KAA) on the prohibition of sea blockade has been nullified by the UNSC Resolution cooked up by the US and other hostile forces, which was the only last remaining provision barely in force under the Agreement.
The Korean Armistice Agreement stipulates in its Paragraph 15 of Article 2 that “this Armistice Agreement shall apply to all opposing naval forces, which naval forces shall respect the waters contiguous to the Demilitarized Zone and to the land area of Korea under the military control of the opposing side, and shall not engage in blockade of any kind of Korea. ”
The UN Secretariat came up with Article 39 of the United Nations Charter in its response to the DPRK’s request for the explanation of the legal ground backing the UNSC’s “sanctions resolution” against it. This Article, as had been strongly claimed not only by the drafters of the UN Charter but also by the international legal circle, has nothing to do with nuclear test and satellite launch. This Article applies only to the case of the aggression and the use of military force against one country by another.
If nuclear test and launch of satellite or ballistic rocket should become a “threat to international peace and security” under the 39th Article of the United Nations Charter, the UNSC should have adopted sanctions resolutions against the US and other nuclear-weapon possessing countries which have conducted more than 2,000 nuclear tests and launched countless of satellites and ballistic rockets.
Now that no legal or institutional mechanism is to be found on the Korean Peninsula to prevent war or armed conflicts, the UNSC’s “sanctions resolution” only serves as a declaration of war and the only thing left to be done is to wait for the war of flames that nobody knows when to occur.
And the total blame for the consequence shall go to the US and the followers who took sides with the former in drafting the “resolution”.
The more frenzied the US and other hostile forces are becoming in their attempts to collapse the socialist system of Korean style, the more determined we shall be to follow the road of independence, Songun and socialism holding aloft the Pyongjin line (simultaneous development of economy and nuclear build-up) and the banner of self-development set forth by the Workers' Party of Korea.
Nobody knows which country may fall victim to “sanctions” next time if all of us turn a blind eye to the US and hostile forces in their attempts to conceive illegal “resolutions”.
I expect that your parliamentarians, mouthpieces of justice and the voice of the people would clearly look into the danger and illegality of the inhuman and anti-ethical “sanctions resolution” against the DPRK and raise voices against it.
I take this opportunity to wish your friendly parliament, government and people greater successes in their works to ensure social stability of the country and bring about its prosperous development. I also reiterate our own firm commitments to further strengthen the ties of friendship and cooperation between two parliaments.
Please accept, Your Excellency, the assurances of my highest consideration.
Choe Thae Bok
Supreme People’s Assembly
Democratic People’s Republic of Korea