Originally posted by Toltec
Airborne the only thing that North Korea has done is sell some Scuds to Yemen. As far as their Nuclear weapons program do you really believe they ever
stopped working on it? And as far as those cameras are concerned there is no law on this planet that obligates them to keep them running.
Whoa, wait a minute, you're holding a double standard here. On one side you are all about attacking Iraq because of it's "disregard" for the UN,
and now you are trying to say that it's okay for the DPRK to deactivate UN safeguards and reactivate programs that were mothballed by treaty?
Originally posted by Toltec
Non of this is grounds to mount a military campaign against North Korea. If perhaps the ship, which contained those scuds, had tried to get to Iraq
then your point would have some validity to it.
Would it have? As long as they had a range of less than 120 miles (I believe that is how the treaty stands) they can have them. There were no
biological or chemical agents being shipped. The ship has nothing to do with this conflict.
Originally posted by Toltec
The president of this country called North Korea a part of the axis of evil and they feel threatened (would you blame them). What would you do if you
were the leader of that country? Especially after one of your ships was seized in international waters?
The ship was seized for true legal reasons. It was an unmarked ship in international waters, which, when interdicted, and when it does not respond to
contact requests, or two warning shots, gives all right to be boarded. Sure DPRK can feel threatened, and they should, with 37,000 US regulars within
striking distance and more troops in Japan. There is probably just as many troops in the area as there is in the Middle East.
Originally posted by Toltec
In relation to the political/legal definitions related to International law do you understand who is the injured party?
The Right of Visit, explains why the ship was boarded (look at sub-paragraph d)
Article 110
Right of visit
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a
ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for
suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109;
(d) the ship is without nationality; or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same
nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat
under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further
examination on board the ship, which must be carried out with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for
any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.
However, you are correct in the liability issue, but since it was a legal siezure, then there is no issue:
Article 106
Liability for seizure without adequate grounds
Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be
liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.
Taken from:
www.globelaw.com...
Originally posted by Toltec
It possible that President Bush and those who work for him and with him. Considered North Korea as a part of the "axis of evil" because it does
import weapons, which can be used to destroy cities, as well technical state of war does exist between our two countries. By making clear to North
Korea that the US considers her a threat to world peace. Makes very clear what would happen if that country were discovered selling weapons to the
other countries mentioned.
The DPRK does not recessarily import weapons. They make them themselves. The fact that within months of restarting their nuclear program they can have
enough material to make a nuclear weapon, and a track record of selling such technology, obviously does not worry the Americans as much as a guy who
MAY have such weapons in a few years and MIGHT be responsible for training some people in the use of weapons. Every country has a right to it's own
sovereignty. The United States is there to monitor the armistice, and is not at war with the North at this time.