Severian
16th October 2006, 06:16
Here's the text (http://edition.cnn.com/2006/WORLD/asiapcf/10/14/sanctions.text.reut/) of the unanimously adopted UN Security Council resolution on sanctions against North Korea.
It's supposed to just be an embargo on weapons and luxury goods...and things which could be useful for "Weapons of Mass Destruction. The last is a vague category.
Among other things the resolution prohibits the import, export, or transfer of:
(ii) all items, materials, equipment, goods and technology as set out in the lists in documents S/2006/814 and S/2006/815, unless within 14 days of adoption of this resolution the Committee has amended or completed their provisions also taking into account the list in document S/2006/816, as well as other items, materials, equipment, goods and technology, determined by the Security Council or the Committee, which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programs ;
The Committee has the same members as the Security Council.
Now, I haven't been able to find anything about these lists in these documents - but lemme just remind everyone of how the "Committee" in charge of Iraq sactions decided these things. It even rejected a request to buy pencils because the graphite might conceivably have been used for some kind of radar shield.
And levies these financial sanctions:
(d) all Member States shall, in accordance with their respective legal processes, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of the adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons or entities designated by the Committee or by the Security Council as being engaged in or providing support for, including through other illicit means, DPRK's nuclear-related, other weapons of mass destruction-related and ballistic missile-related programs, or by persons or entities acting on their behalf or at their direction, and ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of such persons or entities;
Without financial transfers, international trade is impossible. Which "entities" may be designated by the Committee? Who knows? But since it's the north Korean government which conducts both normal trade and the nuclear weapons program, a clear distinction seems unlikely. Potentially any north Korean enterprise could be used to avoid sanctions and make weapons-related purchases - potentially any north Korean enterprise could have its accounts frozen under suspicion of doing so.
One thing that's not in this resolution: a specific authorization for the navies of the U.S. and others to enforce it.
But there's nothing to stop 'em from doing so, either.
Even without this resolution, ships have already been stopped on the high seas, without any legal justification. This is part of the U.S.-led "Proliferation Security Initiative", which is one of its "coalitions of the willing".
It's supposed to just be an embargo on weapons and luxury goods...and things which could be useful for "Weapons of Mass Destruction. The last is a vague category.
Among other things the resolution prohibits the import, export, or transfer of:
(ii) all items, materials, equipment, goods and technology as set out in the lists in documents S/2006/814 and S/2006/815, unless within 14 days of adoption of this resolution the Committee has amended or completed their provisions also taking into account the list in document S/2006/816, as well as other items, materials, equipment, goods and technology, determined by the Security Council or the Committee, which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programs ;
The Committee has the same members as the Security Council.
Now, I haven't been able to find anything about these lists in these documents - but lemme just remind everyone of how the "Committee" in charge of Iraq sactions decided these things. It even rejected a request to buy pencils because the graphite might conceivably have been used for some kind of radar shield.
And levies these financial sanctions:
(d) all Member States shall, in accordance with their respective legal processes, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of the adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons or entities designated by the Committee or by the Security Council as being engaged in or providing support for, including through other illicit means, DPRK's nuclear-related, other weapons of mass destruction-related and ballistic missile-related programs, or by persons or entities acting on their behalf or at their direction, and ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of such persons or entities;
Without financial transfers, international trade is impossible. Which "entities" may be designated by the Committee? Who knows? But since it's the north Korean government which conducts both normal trade and the nuclear weapons program, a clear distinction seems unlikely. Potentially any north Korean enterprise could be used to avoid sanctions and make weapons-related purchases - potentially any north Korean enterprise could have its accounts frozen under suspicion of doing so.
One thing that's not in this resolution: a specific authorization for the navies of the U.S. and others to enforce it.
But there's nothing to stop 'em from doing so, either.
Even without this resolution, ships have already been stopped on the high seas, without any legal justification. This is part of the U.S.-led "Proliferation Security Initiative", which is one of its "coalitions of the willing".