Michigan State University Model United Nations - Korean Peninsula Peace Conference: 2021 - MSUMUN
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Michigan State University Model United Nations Session XVIII April 20-22 Korean Peninsula Peace Conference: 2021 Background Guide Chair: Gregory Poole Assistant Chairs: Alexander Dawish, Mawsoof Ali
Michigan State University Model United Nations | Session XVIII Delegates, Welcome to the Korean Peninsula Peace Conference of 2021. I am overjoyed to be your chair this year, as we delve into a hypothetical postwar solution to the issues of the Korean peninsula. Should the peninsula be reunified, or are the cultural and logistical obstacles too great to overcome? How should the refugee and humanitarian crisis – one of the largest the world has seen – be handled by countries and NGOs? And who has the right or responsibility to charge the Kim family for their crimes against humanity and the world? I am a sophomore in Lyman Briggs College studying Biochemistry and Molecular Biology, with a minor in Computer Science. However, I have always had a passion for international issues and the complexities of the Korean crisis, which led me to create this hypothetical scenario. This is my 6th year of Model UN, with 4 in high school and participation last year in both MSUMUN (in the UNEP committee) and the International Relations Organization, which is MSU’s MUN team. Besides my studies, working in a lab, and Model UN, I enjoy Kendo (a sword-based martial arts), knitting, Netflix, reading, drawing, and playing the cello. I am also excited to introduce my two Assistant Chairs, Alexander Dawisha and Mawsoof Ali: Alexander is a freshman, majoring in Media and Information with a focus on Games in Interactive Media Design. His interests beyond school are video games, reading, writing, watching TV, taking long walks with his dog, and history, especially the world wars. This is his third year doing Model UN, after two in high school. Mawsoof is studying Psychology as part of the College of Social Science. This is his second year as a part of MSUMUN. If you have any questions regarding the topics, the committee, or MSUMUN in general, please don’t hesitate to email me. I look forward to meeting you all in April! Sincerely, Gregory Poole Chair, Korean Peninsula Peace Conference specialized5@msumun.org Premise and Timeline of the War: Political rhetoric and heated exchanges continue between the US and DPRK through the end of 2017 and into 2018, cooling off in the summer of 2018 to more reasonable levels, similar to those seen under the Obama administration or previous administrations. However, the DPRK continues its nuclear program unabated, which continues to be a source of tension between the two countries, as well as between the DPRK and many regional powers, including Japan and China. In November 2020, incumbent Donald J. Trump wins reelection in the United States by a narrow margin, maintaining his place in the White House. A surface nuclear test in February 2021 by the DPRK in the Pacific once again heats up relations between the two countries. On March 15th, 2021, the DPRK conducts a successful nuclear missile test, demonstrating its newfound capability of mounting a nuclear warhead on top of its intercontinental ballistic missiles. This puts the US military base at Guam, as well as several cities on the western coast of the United States, within range of North Korean nuclear armament, only heating the already boiling relations between the US and the DPRK beyond what is stable. MSUMUN XVIII 2
Michigan State University Model United Nations | Session XVIII TIMELINE: nd March 22 , 2021: US begins ground invasion of North Korea, with heavy aerial bombardments of border positions; amphibious landings at Wonsan achieve the element of surprise and are successful though tenuous. Night of 22nd: KPA begins “Three Days of Fire”, a continuous shelling of key metropolitan areas within range of heavy artillery, including Incheon and Seoul; also included are border locations such as Paju. Seoul, being the main focus of the barrage, is hit heavily with casualties estimated into the hundreds of thousands. March 23rd, 2021: South Korean forces begin coordinated maneuvers with the United States along the border, with two main offensives: Along the eastern coast to link up with the invasion force at Wonsan, and along the western coast to push up the main highway to Pyongyang. Resistance is heavy in the west, leading to intense battles. March 23rd, 2021: Emergency meeting called between China, Japan, Russia, the United States, and South Korea, at the same time as an emergency session of the United Nations Security Council. March 24th, 2021: PLA forces begin massing on DPRK border to counter and control increasing numbers of refugees beginning to cross illegally. March 24th, 2021: UNSC urges immediate de-escalation of situation in Korean Peninsula, though no statement is issued concerning American forces in the DPRK. NGOs begin efforts to reinforce operations in the region, particularly in civilian areas of South Korea. March 25th, 2021: End of “Three Days of Fire”, as final KPA artillery battery in range of Seoul falls silent. Link up between SK/US coalition and US Wonsan invasion force occurs at Tongchan, providing stable foothold north of border. Fall of Pyonggang, Chorwan, and Ichon-up in central region, while a stalemate has held up the western forces’ advance. March 26th, 2021: Battle of Kaesong devastates KPA, forcing retreat; many forces are captured or MIA in ensuing route. Coalition forces push forward to Kumchon against light resistance. March 26th, 2021: Following linkup, eastern Coalition forces begin fighting westward, towards Sangsong; resistance, though bolstered, is light to moderate. Night of March 26th, 2021: PLA fighter-bombers launch surprise bombardment of KPA forces around Chunggang and Sinuiju. March 27th, 2021: Beijing announces that it has joined the Coalition forces operating in the DPRK; PLA ground forces, with heavy air support, begin operations in Chunggang and Sinuiju, where they meet with little resistance. Both offensives begin moving southward along the peninsula. March 27th, 2021: Fighting in the mountains around Sangsong delay the eastern Coalition forces, which engage in counter-insurgency style tactics against the guerrilla warfare employed by the KPA; a heavy armoured column pushes through the fighting to continue moving towards Yangdok. March 27th, 2021: Coalition forces in the west push towards Sariwon, cutting off the few remaining KPA forces around Chaeryong and Changyon. This puts US/SK forces about 40 miles south of Pyongyang. March 28th, 2021: PLA forces launch surprise invasion at Hyesan, pushing east towards the coast. Encountering little resistance, they make good ground. March 28th, 2021: US/PLA coordinated aerial bombardment of Anju, near the mouth of the Taeryong River. Both forces have naval/marine forces operating in the Yellow Sea. March 29th, 2021: One week after opening of hostilities. PLA forces complete push west from Hyesan at Kimchaek, separating KPA forces around Paekam and Chongjin from the rest of the peninsula. MSUMUN XVIII 3
Michigan State University Model United Nations | Session XVIII March 29th, 2021: Coalition amphibious landings at Anju, consisting of both US and PLA marine forces. Resistance is heavy, as Anju represents one of two remaining DPRK ports around Pyongyang. March 29th, 2021: Battle of Hwangju; this location would provide Coalition forces with a strategically vital airbase only 15 miles from Pyongyang. Resistance is heavy. March 29th, 2021: End of stalemate around Songsang in the east; Coalition forces continue westward movements. KPA morale plummets. March 30th, 2021: Beachhead at Anju secured by US/PLA forces; they are separated to the north by fewer than 10 miles from PLA forces approaching from Sinuiju. March 30th, 2021: Hwangju falls to Coalition forces, and operations begin against Songnim. March 30th, 2021: Reports of popular uprising in Paekam/Chongjin region, as KPA forces in the area begin to surrender to PLA forces. March 30th, 2021: Coalition forces pushing westward reach Changrim. March 30th, 2021: Attempted counterattack by KPA forces from Kumya towards Wonsan is successfully defended by Coalition forces in the area, supported by carrier-borne fighters. Night of March 31st, 2021: Alleged issuing of nuclear order by Kim Jung Un, though apparently talked down temporarily by key senior aides. April 1st, 2021: Military coup in DPRK, headed by Pak Yong-sik, minister of the People’s Armed Forces (KPA); Kim Jung Un and sister Kim Yo-jong captured by KPA forces. Night of April 1st, 2021: Pak Yong-sik issues unilateral cease-fire order to KPA forces; order is matched by Coalition forces. Guerrilla operations by popular uprising in Chaekam/Chongjin region continue unabated. April 2nd, 2021: Pak Yong-sik declared interim head of government of DPRK, immediately sues for peace. April 2nd, 2021: US-led coalition accepts the conditional surrender of the DPRK. Topic A: Reunification of the Korean Peninsula INTRODUCTION The Korean Peninsula is in the midst of an ugly post-bellum period, as war broke out between North Korea and the United States of America. In the early 2020s, North Korean scientists were able to develop nuclear warheads that were capable of being fitted on a missile, giving them the range to hit American military bases in the Pacific. Recognizing the growing threat of North Korea, the United States launched a preemptive on Pyongyang. This strike started a quick and nasty war, as the United States won easily, but damage from the war severely damaged the entire Korean peninsula. Now that the war is over, the sovereignty of North Korea is very much in question. Their former leader, Kim Jong-Un, has been captured by what is left of the North Korean army. North Korea has been fragmented into two major factions, one led by the military and one a populist uprising led by the common people. South Korea took many costly missile strikes from their neighbors to the north, and the country is struggling to recover. Instability and anarchy are clouding the region, and some support the complete reunification of the Korean Peninsula as a single, sovereign, independent Korean nation. However, reuniting a region that has been scarred by decades of sectarianism, injustice, and authoritarianism is much easier said than done. The world is depending on this committee to guide this critical process. MSUMUN XVIII 4
Michigan State University Model United Nations | Session XVIII HISTORY Division of the Korean Peninsula The aftermath of WWII finally saw efforts to establish the internationally-recognized independence of the Korean peninsula, as Russia, Britain, and the USA collectively agreed at the Cairo Conference that “in due course Korea shall become free and independent” (New World Encyclopedia, 2014). In September 1947, the US submitted the dilemma in the Korean Peninsula to the UN to find a solution. The UN mandated democratic elections in both occupying zones to decide the fate of the region. The US-backed southern region obliged and held democratic elections. This resulted in the formation of the Republic of Korea, an indigenous, democratic government headed by President Syngman Rhee. The Soviet-backed northern region ignored the mandate and thus, a communist dictatorship under the rule of Kim Il-Sung was established in North Korea. However, in December 1948, the UN passed Resolution 195, which only recognized the Republic of Korea in the south as the sole ruling government of the Korean peninsula (New World Encyclopedia, 2015). Rising Tension Between North and South Syngman Rhee and Kim Il-Sung both competed to reunify the entire peninsula under their own respective governmental ideologies, and both claimed authority over the entire peninsula. Throughout 1949 and early 1950, small skirmishes along the border broke out (New World Encyclopedia, 2014). Syngman Rhee Kim Il-Sung (Wikipedia (Wikipedia 2017) Outbreak of the Korean War However, on June 25th, 1950, North Korean forces (backed by the USSR) barreled over the 38th parallel and launched a full-scale invasion on South Korea. The South Koreans were caught off guard and simply were not prepared to compete with the North Korean invasion. President Harry S. Truman promptly mobilized American forces to quell the attack of the North Korean army and protect democracy in South Korea. Truman initially wished to keep the American military south of the 38th parallel to avoid escalating the war, but as the war went on, he allowed American forces to push further and further north to expel Soviet and North Korean forces. These movements greatly worried the Chinese, who did not want a strong, unified capitalist state. As such, Chairman Mao entered the Chinese into the war initially in a defensive manner to protect their own interests, and they had limited support from the USSR. Regular combat continued until about July 1951, at which point the two sides essentially reached the stalemate. Finally, a cease-fire was established on July 27th, 1953, which was MSUMUN XVIII 5
Michigan State University Model United Nations | Session XVIII supplemented by the formation of a demilitarized zone along the 38th parallel (a zone that still exists to this day) (New World Encyclopedia, 2015). President Truman Chairman Mao (Moore 2010) (Miller 2017) Creation of a Stalinist State in North Korea In the aftermath of the Korean War, North Korea was actually seen by some to be a stable, successful state. Kim Il-Sung, albeit through repressive and authoritarian tactics, provided stability after the chaos of the war. He reorganized North Korean society according to the doctrine of “Juche,” which is a “radically nationalistic ideology promoting North Korean autonomy” (Liberty in North Korea, 2017). The North Korean government claimed ownership over all private property in the country. Each and every single object, business, or idea that the people had legally belonged to the state. Pyongyang was built as a socialist capital, and many monuments dedicated to Kim Il-Sung were erected. Kim practically created a cult around himself, using propaganda to ensure the obedience and admiration of his people. The government took control of all forms of media and put restrictions on international travel. Kim Il-Sung consolidated all political power under his party (the Workers’ Party of Korea) and harshly repressed and even purged any dissidents. The entire societal structure of North Korea was also changed to ensure the superiority of the state. The “songbun” system was implemented, in which all citizens were organized into social classes based on their loyalty to the regime (Liberty in North Korea, 2017). This classification defined people’s quality of life, as one’s songbun determined what schools one could attend, what occupations one could have, and even where one could live. This system rewarded those who complied with the government and guaranteed the weakening of anyone who dared stand up against it. Anyone with a low songbun was expelled from the city and forced to live in the outskirts or in the countryside. The regime brutally silenced anyone who dared speak against the government, as free speech became a crime that could be punished by imprisonment or even death. To beat down the morale and resilience of the people even further, three generations of one’s family would be forced to live in internment camps if one was arrested for free speech (Liberty in North Korea, 2017). The government, in its twisted sense of manipulation, taught that children should turn on their parents and neighbors should turn on each other if any resistance to the state was expressed or practiced. These nefarious practices masterfully weakened the morale of the people and raised paranoia and distrust among communities and even within families. This complete psychological beat down of the people practically guaranteed the superiority of the state, and highlighted the true evil genius of the autocracy. The Regime Begins to Crumble MSUMUN XVIII 6
Michigan State University Model United Nations | Session XVIII However, throughout the 1970s, the chokehold of the state on the people weakened. The failure of the economy weakened the legitimacy of the different autocratic doctrines the state practiced. The USSR, which for so long was the lifeblood of North Korea, began to fall apart as well. The people were starving, and the mortality of the government was becoming apparent, and this sense of instability reached its height in 1994 when Kim Il- Sung passed away. The regime was inherited by Kim Jong-Il, the son of Kim Il-Sung. Recognizing the impending doom facing the country, Kim Jong-Il implemented military-oriented practices to regain stability, in which military and social elites were prioritized over normal citizens. However, Kim Jong-Il could never return the North Korean government to its evil but powerful and stable days of glory. The economy continued to freefall, and a famine wiped out several hundred thousand people (New World Encyclopedia, 2014). These financial and humanitarian issues had a tremendous political impact, and in fact contributed to the rise of anti-regime sentiment among the people. The North Korean citizens of course harbored a profound hatred for the government, but a greater sense of autonomy came out of their struggle with famine. The government stopped providing food, and the citizens were able to find desperate ways to feed themselves. People foraged, bartered and traded, sold items on the black market, fled to China (at which point outside information was able to seep through the cracks and reach the people), and resorted to crime. The famine was still disastrous, but citizens realized that they could find ways to survive on their own, even if it was through illegal or immoral ways. A new sense of hope emerged in the people, as “what was once a highly ordered and controlled society gave way to a disorganized and fluid society, with new independent paths to wealth and power for those who defied the regime and defied the markets” (Liberty in North Korea, 2017) The economy began to recover in the early 2000s. The makeshift markets created by the people became legitimate economic institutions, as they grew to include more and more goods and services and became the main source of resources for the North Korean people. Meanwhile, South Korea’s new “Sunshine Policy” was a monumental step towards the repairing of the relationship between North and South Korea. Under this new doctrine, South Korea gave unconditional aid to North Korea, and increased economic cooperation between the two. The Kaesong Industrial Complex, built in 2003 north of the DMZ, also began to allow South Korean companies to hire tens of thousands of North Korean workers (New World Encyclopedia, 2014). These changes in policy were huge steps forward for the North Korean people, as they were able to see the actual nature of the South Korean government. Moreover, the true weakness of the regime was made apparent, as North Korea desperately needed financial aid from their neighbors to the south. In 2009, the regime made a desperate attempt to weaken the markets through currency reform that would potentially eliminate all private wealth (Liberty in North Korea, 2017). This move by the government threw the economy back into shambles, and in turn even backfired on government projects. It was seen as a defining moment in the people’s distrust of the government, as it wiped out the first signs of progress and hope that they had achieved in decades. This move also displayed the weakness and fear of the regime, as they had to recognize the power that the public markets wielded. The Third Kim Era Kim Jong-Il passed away in December 2011 and was succeeded by his son, Kim Jong-Un. Kim Jong-Un was actually largely unknown at the time of his ascension, but he soon implemented a style of rule frighteningly similar to that of his grandfather. He purged government officials who disagreed with him, and promoted those who did. The regime cracked down hard on illegal cross-border movement, and placed incredibly strict limitations on foreign media of any sort. Government propaganda was widely spread to emphasize a divine and noble view of Kim Jong-Un. North Korea continued to conduct various nuclear tests and make nuclear threats against South MSUMUN XVIII 7
Michigan State University Model United Nations | Session XVIII Korea and the US (New World Encyclopedia, 2014). Finally, in the late 2020s, nuclear warheads were created that could fit on missiles. The USA, sensing a growing threat, declared war on North Korea. Kim Jong-Il (CNN 2017) Kim Jong-Un (Star 2017) Turmoil in South Korea In the aftermath of the Korean War, the government of South Korea, known as the First Republic, was quite repressive. Syngman Rhee was elected democratically, and he was seen as a champion of US interests, but in reality, he used harsh force to keep the country united. He unnecessarily declared martial law, crushed student rebellions, and jailed members of parliament who disagreed with him. He continued to rule until 1960, at which point he resigned in light of overwhelming student demonstrations, which became known as the April Revolution (New World Encyclopedia, 2014). The next administration after the April Revolution was unfortunately also quite repressive, as it continued Rhee’s tradition of political repression. A military coup deposed this administration (known as the Second Republic), and Major General Park Chung Hee was placed in power. Park ran the interim military government, and was elected as president after democratic elections were held, starting a period of rule known as the Third Republic (New World Encyclopedia, 2014). The Third Republic saw South Korea return to more stability, as the economy rebounded from its decline during the Second Republic. Unfortunately, despite some of the benefits of his rule, Park Chung Hee continued a repressive style of rule. He dissolved the National Assembly and planned to eliminate popular elections for the office of president. The Fourth Republic began under Park with the adoption of a new constitution, which gave Park complete control over parliament. The economy grew rapidly during this time, but Park jailed hundreds of dissidents and propagated the unjust style of rule that had been present since the First Republic. In 1979, Park Chung Hee was assassinated, and South Korea was thrown into political unrest. Students Park Chung-Hee held large demonstrations against the military’s dictatorial rule, which was met (Wikipedia 2017) by the implementation of martial law and harsh backlash from the military. Hundreds of protesters were killed, and riots riddled Seoul. However, all this chaos was not for waste, as public outrage lead to the first democratic elections in 1987. As a result of these elections, Roh Tae-Woo was elected President, thereby starting the Sixth Republic (New World Encyclopedia, 2014). In 1992, Kim Young-Sam won the presidential election, becoming the nation’s first civilian president in thirty years. The country was able to recover from economic decline and achieved a peaceful transfer of power in MSUMUN XVIII 8
Michigan State University Model United Nations | Session XVIII 1997 with the election of Kim Dae-Jung. Jung won the Nobel Peace Prize in 2000 for his “Sunshine Policy,” which were a monumental series of efforts to reconcile with North Korea. These efforts culminated in a summit talk with then North Korean leader Kim Jong-Il (New World Encyclopedia, 2014). In 2004, the South Korean National Assembly voted to impeach President Noh Moo-Hyun on charges of corruption and political patronage. The aftermath of his impeachment led to the Uri Party becoming the majority party in the House, which was the first time in more than 40 years that a liberal party held the majority. In 2016, President Park Geun-Hye’s administration was accused of corruption, bribery, and influence- peddling. These charges led to large-scale demonstrations, the impeachment of Geun-Hye, and the subsequent ascension of Prime Minister Hwang Kyo-Ahn to acting president (New World Encyclopedia, 2014). Kim Dae-Jung (Nobel 2000) CURRENT ISSUES North Korea is in complete disarray. Missile strikes from the United States completely ravaged the country, destroying cities and annihilating rural areas. There simply is no infrastructure or technology left to facilitate the governing of this country, and so the nation is effectively in anarchy. The war also introduced an overwhelming amount of political instability, as different factions have emerged and are competing for power. The North Korean military, understanding the fragility of Kim Jong-Un’s rule and attempting to prevent the collapse of the country, turned against the government and captured the former dictator. Kim Jong-Un is no longer ruling the nation and is a captive of the military. Kim is still alive, but his well-being has not been confirmed; decades upon decades of repressive rule has left the people extremely angry, and there is no reason to believe that he is being treated humanely or will even be allowed to live for much longer. The military is anxious to protect their power during chaos. They do not want to continue authoritarian rule, but it is also not in their interests to introduce democracy and capitalism into the region, as that will force them to allow others to share in their prosperity. Finally, the UKP (Union of Korean People), a populist uprising, has formed in the rural areas as well. The vast majority of North Koreans are extremely poor and are starving, and they are desperate for freedom after generations of authoritarian rule. This faction is by far the largest in terms of population, but they do not have the resources of the other two factions. These groups are fighting for power, tirelessly striving for control in a vacuum of chaos. Helpful Case Studies: Some modern examples that could provide some guidance are the examples of East/West Germany and Vietnam. Germany was absolutely decimated after WWII. The government ceased to exist, infrastructure was in shambles, and the people were starving. It was decided that the country would be divided in four zones, with the USA, France, Great Britain, and the USSR each controlling a zone. The American, French, and British zones together constituted the Western side of Germany, and the Soviet zone constituted the Eastern side. Berlin was contained within the Eastern side, but was further divided into four more zones so that each occupying nation had control over the capital. The Berlin Wall was built to effectively divide the Eastern and Western sides of the nation. The West strongly supported reunification, but the USSR wanted to continue its stronghold in East Germany, as East Germany was one of the most prosperous components of the bloc. Major steps towards unification finally occurred with the reforms of Mikhail Gorbachev. Free elections were finally held in East MSUMUN XVIII 9
Michigan State University Model United Nations | Session XVIII Germany, and the Two Plus Four Treaty granted total independence to a unified German state (New World Encyclopedia, 2017). Conflict in Vietnam is a similar example of conflict between capitalism and communism. After WWII, Vietnam was split into North and South, with Ho Chi Minh heading a communist state in the North and Ngo Dinh Diem serving as president of the Republic of South Vietnam (Trueman, 2017). The Vietnam War in the early 1960s saw attempts by the US and its Allies to create a single, unified, capitalist Vietnam. The Vietnam War was infamously stagnant and inefficient, as countless lives were lost with no real progress being made towards reunification. The end of the war was signaled in 1975, when Saigon, the capital of South Vietnam, fell to North Vietnamese forces. The whole of Vietnam was consolidated under communist rule and headed by Ho Chi Minh (Marlantes, 2017). CURRENT POSITIONS United States: As the primary aggressor, the United States has a strong obligation to assist in the nation-building to come. On top of this, it has extensive experience through Iraq and Afghanistan. However, the current Trump Administration has never had a keen interest in foreign politics that do not directly relate to the wealth and prosperity of the United States - the so-called “America First” policy. That said, the United States has long held an ambition of uniting the peninsula under the rule of South Korea, providing a firm ally in the region with sole control over the Korean Peninsula. China: China long supported the Kim regime in the DPRK, providing economic and humanitarian aid in order to prop up the neighboring dictatorship. However, they were never comfortable with a nuclear-armed North Korea. Above all else, Chinese policy revolves around ensuring a unified, Western-aligned Korea does not form on its border. With this in mind, any reunification of the peninsula must come with conditions ensuring the current Republic of Korea does not simply annex the territory. ASEAN: The main mandate of the Alliance of South East Asian Nations will be to create a stable and effective government in the region, preferably distanced from Beijing; though many in the region would not consider themselves allies of the West, the growing regional influence of China has left many concerned. Fundamentally, however, ASEAN will be pushing for a one-state solution that ensures the greatest stability and chance of peace in the region. European Union and UK: The European Union, though distanced from the conflict itself, is heavily invested in the outcome. A close ally of both the United States and the Republic of Korea, the EU will likely support a reunification of the peninsula, preferably under the current administration of South Korea. Furthermore, several members of the EU have been involved in nation-building in the past, in alliances with the United States. Russia: MSUMUN XVIII 10
Michigan State University Model United Nations | Session XVIII Russia has long distanced itself from the Kim regime of the DPRK, since back in the days of the Soviet Union. However, it maintains a keen interest in the region for a number of reasons, not least of which is the border it shares with North Korea. Akin to its southern neighbor China, Russia would not look favorably upon a Western- aligned reunified Korea. Optimally, the reunified country would back Moscow or Beijing, but failing that, Russia may well support a continuation of the status quo. Republic of Korea: Though it has long been held as a goal of South Korea to reunify the peninsula, the staggering cost of both the war and reunification itself has injected an element of hesitancy into the stance of South Korea. Furthermore, South Korea would not be willing to dissolve its own government in the event of reunification. Therefore, any solution found must ensure both the continuation of the Republic of Korea, as well as adequate economic support in the rebuilding of the peninsula. WHAT TO INCLUDE IN A RESOLUTION ● Method of rebuilding (reunification, annexation, etc.) ● General guidelines for the reorganization of the peninsula ○ What group of people will be in power? ○ How will the sovereignty of North Korea be protected? ○ How will the civil rights of North Korean citizens be protected? ○ How will this transfer of power be funded? ● Keep in mind that your job as an international committee is not to write a new constitution for North Korea; rather, set in motion a basic plan for the rebuilding of the nation QUESTIONS TO CONSIDER ● How can the sovereignty and civil rights of the North Korean people be protected? ● What ramifications will a unified Korea have on your nation? ● How will your country contribute to the recovery and rebuilding of Korea? ● How can a peaceful transfer of power be ensured? ● How can the permanence of the new government be ensured? WORKS CITED Duggan, Lawrence G., and George Hall Kirby. “The Reunification of Germany.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 25 Sept. 2017, www.britannica.com/place/Germany/The-reunification-of-Germany. “German Reunification.” German Reunification , New World Encylopedia, 20 June 2017, www.newworldencyclopedia.org/entry/German_reunification. MSUMUN XVIII 11
Michigan State University Model United Nations | Session XVIII “Harry S. Truman.” Miller Center, University of Virginia, 8 Aug. 2017, millercenter.org/president/truman. “History of Korea.” History of Korea, New World Encylopedia, 25 Feb. 2014. www.newworldencyclopedia.org/entry/History_of_Korea#Joseon. “History of North Korea.” History of North Korea , New World Encylopedia, 26 Feb. 2014. www.newworldencyclopedia.org/entry/History_of_North_Korea. “History of North Korea.” North Korea 101, Liberty in North Korea, www.libertyinnorthkorea.org/learn-north-korea-history/. “History of South Korea.” History of South Korea, New World Encylopedia, 26 Feb. 2014. www.newworldencyclopedia.org/entry/History_of_South_Korea. “Kim Dae-Jung - Biographical.” Nobelprize.org, Nobel Prize, 2000, www.nobelprize.org/nobel_prizes/peace/laureates/2000/dae-jung-bio.html. “Kim Il-Sung.” Wikipedia, Wikimedia Foundation, 14 Dec. 2017, en.wikipedia.org/wiki/Kim_Il-sung. “Kim Jong Il Fast Facts.” CNN, Cable News Network, 14 May 2017, www.cnn.com/2013/09/26/world/asia/kim-jong-il-fast-facts/index.html. “Korean War.” Korean War , New World Encylopedia, 14 Sept. 2015 www.newworldencyclopedia.org/entry/Korean_War. Marlantes, Karl. “Vietnam War.” HistoryNet, 2017, www.historynet.com/vietnam-war. Moore, Malcolm. “China Sets Standard for Chairman Mao's Favourite Dish.” The Telegraph, Telegraph Media Group, 29 Jan. 2010, www.telegraph.co.uk/news/worldnews/asia/china/7102740/China-sets-standard- for-Chairman-Maos-favourite-dish.html. “Syngman Rhee.” Wikipedia, Wikimedia Foundation, 12 Dec. 2017, en.wikipedia.org/wiki/Syngman_Rhee. Trueman, Chris. “The Fall of Saigon.” History Learning Site, History Learning Site, 2017, www.historylearningsite.co.uk/vietnam-war/the-fall-of-saigon/ “US Navy Gets Ready to Strike North Korea.” Northern Star, Northern Star, 10 Apr. 2017, www.northernstar.com.au/news/us-sends-navy-korean-waters-against-nuclear-threat/3164929/. MSUMUN XVIII 12
Michigan State University Model United Nations | Session XVIII Topic B: Issue of How to Prosecute the Kim Family for War Crimes/Crimes Against Humanity INTRODUCTION War has been part of the human culture since the first humanoids walked the earth thousands of years ago. And even though the wars of today can hardly be considered humane, there are laws in place that are meant to protect the sanctity of civilian lives during periods of conflict. The first international convention that prohibited such actions was the Geneva Convention of 1864, and its four subsequent 1949 conventions, as well as the two additional protocols that were voted into effect in 1977 (UNOGP 2017). Another international convention, known as The Hague Convention, voted into effect in 1899 and 1907, focuses on “the prohibition to warring parties to use certain kinds of warfare” (UNOGP 2017). The original Geneva Convention of 1949 has been ratified by each of the member states of the United Nations, although the Additional Protocols have not yet been fully ratified yet (UNOGP 2017). The full definition of war crimes is defined in Article 8 of Rome Statute of the International Criminal Court. “Crimes against humanity” refers to any hostile act committed towards a civilian population during any period, not just when there is some sort of conflict going on. The term was first used by the allies (Britain, France, and Russia) in 1915 in their official condemnation of the Ottoman Empire’s massacre of the Armenians (UNOGP 2017). Despite this, the first actual prosecution under the premise of being a “crime against humanity” was not until 1945 at the International Military Tribunal (IMT), more commonly known as the Nuremberg trials. There have been several other of these Tribunals: one for the Japanese Empire in 1945, one for the former nation of Yugoslavia, and one for Rwanda. Although there is no codified treaty in international law against crimes against humanity, there is an international consensus that the prohibition of crimes against humanity should be considered a “peremptory norm of international law, from which no derogation is permitted, and which is applicable to all States” (UNOGP 2017). Article 7 of the ICC’s Rome Statute provides a full definition of the term. HISTORY As mentioned above, governments and individuals have only recently begun to be prosecuted for crimes against humanity and war crimes. The first of these historical prosecutions were the Nuremberg Trials, which were held from 1945 to 1949 with the express purpose of prosecuting Nazi officials for their crimes against humanity (History.com 2010). These trials were an important milestone in the history of international justice, as before the Nuremberg trials there were no other instances of several nations with different laws coming together to form a single court of law (History.com 2010). The Nuremberg Charter, established on August 8th 1945, defined three categories of crimes, “crimes against peace (including planning, preparing, starting or waging wars of aggression or wars in violation of international agreements), war crimes (including violations of customs or laws of war, including improper treatment of civilians and prisoners of war) and crimes against humanity (including murder, enslavement or deportation of civilians or persecution on political, religious or racial grounds)” (History.com 2010). It is also important to note that this charter decreed that civilians could also be tried for crimes against humanity if it was decided that they played a significant role in the crime itself (History.com 2010). MSUMUN XVIII 13
Michigan State University Model United Nations | Session XVIII The Nuremberg Trials were divided into two different trials. The first of the two was the Major War Criminals Trial, held from 1945-46 (History.com 2010). This trial featured prosecutors and defense attorneys, but also featured a tribunal, staffed by two judges from each of the four Allied powers (History.com 2010). During this trial, 24 people and six criminal organizations including the Gestapo—Germany’s secret police force—were indicted, and only three were found to be not guilty. 12 were sentenced to death and the rest were placed in prison for sentences ranging from 10 years to life. The second of the two trials, simply known as the Subsequent Trials, were a series of twelve trials held from 1946-49, in which other individuals, including civilian doctors, lawyers, and industrialists, were indicted and charged with various crimes against humanity, including experimenting on prisoners of war, using slave labor, and putting into effect the third Reich's eugenics laws (History.com 2010). In all, 97 of the 185 individuals who were indicted were found guilty. Of those 97, 12 were executed, 8 received life in prison, and another 77 received various prison sentences. A number of the prison sentences were later reduced (History.com 2010). These trials were also different from the Major War Criminals Trial because they were conducted by a U.S military tribunal and not by an Allied Tribunal. The change occurred because of the growing differences between the four allied powers (History.com 2010). Both the Major War Criminals Trial and the Subsequent Trials received backlash from several US Supreme Court Justices, who labeled the trials as “a high- grade lynching party” (History.com 2010). Despite this backlash, the Nuremberg Trials were considered to be a great step forward in the world of international justice and led to several other International Tribunals which prosecuted others for crimes against humanity. CURRENT ISSUES The DPRK has surrendered, and the Kim family has been taken into custody. The international community must now decide how it wants to proceed with prosecuting them for their crimes against humanity. The exact extent of the crimes committed by Kim Jong Un since he took power in 2011 are unknown, but it is estimated that he has ordered the execution of around 340 people, most of whom were members of his own government, the military, and the Korean Worker’s Party (Hickson 2016). Those reports also lists the trumped-up crimes that have led to executions, including slouching, having a bad attitude during a meeting, and “treachery” (Hickson 2016). In 2011, Kim Jong Un ordered the execution of the army’s vice minister for drinking during a vigil that was held for Kim Jong Il. The vice minister was executed with a mortar round. The next year Kim Jong Un had his uncle executed for treason, and in 2015 the army’s defense minister was executed with an anti-aircraft gun in front of an audience (Hickson 2016). Along with the various government officials that Kim Jong Un has ordered executed over his five-year reign, the recluse leader has also been accused of committing several other vicious crimes against his own people. This list was released in a 2014 United Nations report, and details crimes against six different groups of North Korean citizens (Taylor 2014). The first and second group of victims are the inmates of North Korea’s infamous prison camps, modeled after the former Soviet Union’s Gulag system, and of which the government denies the existence of, but have been described in detail by those who have survived. The prisoners are housed in small cells which can be likened to slightly larger than normal dog crates, and are frequently beaten and tortured by the prison guards (Taylor 2014). Those same people also describe what is known as the “guilty by association policy,” which leads to entire generations of families being rounded up and placed in camps. Many inmates were born inside the camp and have never before experienced freedom (Taylor 2014). Female inmates in the nation's “ordinary” prison camps have also recounted harrowing tales of sexual assault, and in one case, of being forced MSUMUN XVIII 14
Michigan State University Model United Nations | Session XVIII to drown their newborn son (Taylor 2014). Aside from prison inmates, those who practice Christianity are often arrested and placed in prison camps, those who attempt to flee the nation are either shot by guards or arrested and brought back if they successfully escape. Kim Jong Il admitted to kidnapping Japanese nationals and placing them in prison camps, and there is a nation-wide food shortage which has led to the death of around 2.5 million people (Taylor 2014). There are several options that can be considered in terms of prosecuting the Kim family for their crimes against humanity. The first of the options would be the International Criminal Court, whose Rome Statute contains provisions which forbid crimes against humanity, although it is important to note that the DPRK does not recognize the Rome Statute and has no laws against crimes against humanity in its domestic policy. Because of this, it would be difficult to try the Kim family and any other offending officials in a domestic course. Another possibility would be to try the offenders in a third-party nation using the doctrine of universal jurisdiction (VICE 2016). An important note with this option is that given the current international customs, sitting heads of state cannot be prosecuted under the universal jurisdiction doctrine, and so Kim Jong Un would be precluded if the ICC did not take up the case. CURRENT POSITIONS United States: The United States has firmly held the belief that the Kim family is personally responsible for many Crimes Against Humanity, as well as human rights’ violations. However, the current administration has expressed far less interest in pursuing such matters for their own sake as past administrations have - that is to say, unless the United States stands to gain from any arrangement reached, it is possible they may yield to their Asian counterparts. China: The firm support China lent the Kim regime in the leadup to its downfall may well play against Beijing in this matter. China may find itself in a tight spot, as its support could be viewed as condoning the crimes committed by the government of North Korea. However, it cannot afford to yield much ground, lest it condone prosecution of the Kim family for crimes the Chinese government itself could be accused of. ASEAN: ASEAN will struggle to come to a unified decision, as several member states or regional nations have less-than-perfect track records themselves in relation to human rights and war crimes. A split may well appear between those heavily aligned with the West and those less strongly tied. European Union and UK: The European Union, on principle, is a firm supporter of the International Court of Justice. However, this principle does not always translate perfectly into policy, as several member states have ignored summons or cases in the past, particularly the more powerful members, such as France and Germany as well as the United Kingdom. In this case, however, it is likely that principle will push the EU towards the ICJ as a remedy for the situation. Russia: MSUMUN XVIII 15
Michigan State University Model United Nations | Session XVIII The Russian Federation, stopping just short of open scorn for the international courts, repeatedly refuses to participate in cases and routinely ignores court rulings directly relating to itself. As such, a more internally- based solution would likely suit Russia more than an international one. WHAT TO INCLUDE IN A RESOLUTION 1. What is the best way to try the Kim Family for their crimes against humanity? 2. Should Kim Jong Un and the government officials be tried in separate courts? 3. Who gets jurisdiction over the Kim family now that the war is over? 4. Are there aspects of the International Criminal Court that appeal to your nation? Is it an effective method for prosecution in this instance? QUESTIONS TO CONSIDER 1. What laws, if any, does your nation have regarding crimes against humanity? 2. Has your nation been involved in any previous international efforts to prosecute those who commit crimes against humanity? 3. Does your nation currently support the International Criminal Court and the Rome Statute? WORKS CITED Hickson, Alex. “Kim Jong-Un Has Executed Hundreds for 'Crimes' Including 'Slouching and Drinking'.” Dailystar.co.uk, Daily Star, 29 Dec. 2016, www.dailystar.co.uk/news/latest-news/573854/Kim-jon-il-kim-jong- un-wife-north-korea-christmas-execution-death-bans-facts-grandmother. History.com Staff. “Nuremberg Trials.” History.com, A&E Television Networks, 2010. Web. 18 Nov 2017. www.history.com/topics/world-war-ii/nuremberg-trials. History.com Staff. “North Korea History.” History.com, A&E Television Networks, 2017. Web. 18 Nov 2017. www.history.com/topics/north-korea-history. n.a. “United Nations Office on Genocide Prevention and the Responsibility to Protect.”United Nations, United Nations, n.d. Web. 18 Nov 2017. www.un.org/en/genocideprevention/war-crimes.html. n.a. “United Nations Office on Genocide Prevention and the Responsibility to Protect.”United Nations, United Nations, n.d. Web. 18 Nov 2017. http://www.un.org/en/genocideprevention/crimes-against-humanity.html MSUMUN XVIII 16
Michigan State University Model United Nations | Session XVIII Taylor, Adam. “Torture, Kidnapping and Gulags: North Korea’s Alleged Crimes against Humanity.” The Washington Post, WP Company, 20 Nov. 2014. Web. 18 Nov 2017. www.washingtonpost.com/news/worldviews/wp/2014/11/20/torture-kidnapping-and-gulags-north-koreas- alleged-crimes-against-humanity/?utm_term=.c21cfca9b397. Reuters, VICE News And. “UN Calls for Kim Jong-Un to Be Prosecuted for Crimes Against Humanity.” VICE News, VICE, 14 Mar. 2016. Web. 18 Nov 2017. news.vice.com/article/un-calls-for-kim-jong-un-to-be- prosecuted-for-crimes-against-humanity. MSUMUN XVIII 17
Michigan State University Model United Nations | Session XVIII Topic C: Humanitarian Crisis within the DPRK: Famine and Refugees Introduction: Though the Second Korean War lasted less than two weeks, its impact is expected to be far reaching in many aspects, not least of which is the humanitarian crisis it has produced. The war displaced nearly 12 million civilians, with somewhere between 3 and 6 million fleeing the country. Furthermore, the population remaining within the country is, for the most part, without food, medicine, or basic infrastructure. It is of the utmost importance that these basic humanitarian concerns be dealt with, to prevent the situation from deteriorating further. Solutions must be found to housing and repatriating refugees in both China and the Republic of Korea; current living conditions in refugee camps in the two countries are dismal, due to overcrowding and lack of basic supplies. But beyond the refugee crisis lies a greater issue which must be dealt with quickly: the famine that has plagued the country for nearly two decades, and the medicinal desert caused by the strict rule of the Kim regime. Until this is dealt with, refugee numbers will no doubt continue to grow. History: Following the division of the Korean Peninsula in 1945, the Democratic People’s Republic of Korea (DPRK or ‘North Korea’) was left with substantial amounts of mineral wealth but very limited agricultural land (FAO 2012). Furthermore, the mainly mountainous terrain of the country severely limits the agricultural capabilities of the country: less than 22% of the land within the DPRK’s borders is considered arable (CIA 2017). Due to its politically isolated status for much of the 20th century, much is unknown about North Korea during this time, and much is assumed. However, the DPRK was known to be receiving both Chinese and Soviet food subsidies, which were withdrawn in the early 1990s (USIP 2015). This, coupled with the effects of decades of unsustainable farming practices, caused food availability to decline in the mid- to late-90s. In 1997, the country was hit by major flooding, followed by a drought. This caused a virtual collapse of agriculture within the country, and the availability of food likewise plummeted. It is estimated that somewhere between 2 and 3 million people died of starvation in North Korea between 1994 and 1998, either from malnourishment or a host of hunger-related illnesses. On top of this, the government began selectively cutting portions of the public distribution system that existed within the country, prioritizing food for civilians in key industries as well as those in major cities; many in the primarily rural areas were left to fend for themselves in the absence of government aid. Reports surrounding the healthcare system within the country are mixed; a report published by the Food and Agriculture Organization of the United Nations (FAO 2012) states that citizens within the country have equal access to healthcare, and that even rural areas have access to health clinics. By contrast, a 1997 MSF (Medicins Sans Frontiers/Doctors Without Borders) report warns that though clinics and doctors are present, they were without adequate training and supplies and as such are unable to assist patients (MSF 1997). This issue of conflicting reports is consistent in all areas dealing with North Korea, and relays the difficulties aid agencies have in attempting to provide care to common people in the DPRK. In another report given by MSF, interviews with refugees and defectors illustrated the inadequacies of the present aid system, inadequacies corroborated by MSF’s own experiences during the 1998 famine when its own teams were unable to observe the true extent of the famine, due to government restrictions. As such, reports given by refugees met at the Chinese border provided a much bleaker picture than MSF’s own teams did (MSF 2002). MSUMUN XVIII 18
Michigan State University Model United Nations | Session XVIII The 1998 famine in the DPRK set the stage for a nearly continuous state of near-famine within the country. According to United Nations reports in 2017, nearly 70% of the total population is considered to be “food insecure” (roughly 18 million), while 10.5 million are considered “undernourished”. Most of the population is in need of humanitarian aid, and extreme weather conditions in recent years have severely affected crops, preventing any sort of recovery from the famine that has persisted. Harvest in North Korea may once again be affected by droughts that have hit the country (Yuen 2017). Despite the isolated status of the DPRK internationally, it has historically received relatively consistent humanitarian aid from a number of sources, including the United States, the European Union, the Soviet Union (up until its collapse), the Russian Federation, and various NGOs. However, accounts from refugees and defectors suggest that the majority of this aid does not reach the populations and is kept by the government and the army (MSF 2002). Current Issues: The most prominent and immediate issue caused by the war is the number of displaced persons, which approaches the number caused by the Syrian Civil War begun in 2011. Though most of these displaced persons still reside within the borders of the DPRK, the numbers fleeing the country are growing even as the war has finished. Though both the Chinese and US armies attempt to prevent it, an increasing number of refugees are arriving every day at the camps established in both China and the Republic of Korea. Current estimates released by Doctors Without Borders suggest between three and five million have already fled across the northern border into China, and another one to two million in northern South Korea along the border, living in camps bordering the former DMZ. Furthermore, the Republic of Korea itself has many internally displaced civilians, particularly following the so-called “Three Days of Fire” - a three-day period of almost constant bombardment by the North of Seoul and the surrounding area. This bombardment not only caused a total of nearly 400,000 dead and wounded civilians, it also forced a mass relocation of nearly 8 million people living in the area. Though the country has so far managed to handle the situation, it is incapable of supporting both North Korean refugees and its own displaced population. MSUMUN XVIII 19
Michigan State University Model United Nations | Session XVIII The camps present in both China and the Republic of Korea are understaffed and overcrowded, lacking in necessities; they are incapable of handling the increasing number of refugees, supported as they are by foreign NGOs. They are in desperate need of food, drinking water, medicines, and space. Supplies are hard to obtain as many ports in the nearby area are currently dedicated to military use to support the three standing armies currently within the DPRK - the Chinese PLA, the US Marine Corps, and the South Korean army. As such, there is limited space to allow NGOs to bring in the necessary supplies by boat; the majority is brought by truck from temporary supply depots established in both countries. This solution is not sustainable, however, as these depots are being emptied faster than they can be resupplied. The permanence and safety of the camps has also been brought into question, with concerns being raised both about the shoddy and often dangerous construction of buildings within the camps, and the fear of these camps settling into permanent existence - a scenario neither South Korea nor China looks on favorably. There is also the situation within the DPRK to consider. For the past several decades, it has alternated between drought periods, leaving the country in a perpetual state of near-famine. The majority of its food came from foreign aid imports. Of these imports, it is estimated that up to 90% was allocated specifically for the Korean People’s Army (KPA) (MSF 2002). Given the malnourishment of the population and the lack of food supplies initially, it is hardly surprising that the devastation wreaked by a modern war has left the country in what the United Nations has described as “potentially the largest humanitarian crisis of the century”; much of the North Korean farmland, inadequate to begin with, has been damaged during the war at the height of the planting season. Potentially, the region is looking at several years of total famine as it tries to recuperate from the war. On top of this, a range of diseases and parasites, including various parasitic worms, are almost universal among the working population of the country. Hepatitis B and C, as well as tuberculosis, are much more common than would be expected in a semi-developed nation (Illmer 2017). What little infrastructure existed prior to hostilities has also been heavily damaged, with roads and transportation networks disrupted. This severely limits the capability of NGOs to provide support to the region, as they will find it difficult, if not impossible, to get supplies where they are needed. Various NGOs, such as the International Committee of the Red Cross (ICRC) and Doctors Without Borders (MSF), have begun efforts to support and assist the refugees, but are quickly finding themselves without sufficient resources to handle the scope of this issue. Furthermore, access to much of the country itself is heavily restricted due to many reasons: landmines, the presence of military forces, or inadequate road networks, just to name a few. Case Studies: Though the DPRK itself has never dealt with a large-scale refugee crisis, in large part due to its strict border policy, this situation has become an increasingly common side-effect of modern wars. Syrian Civil War, 2012 - present The Syrian Civil War created one of the largest refugee crises in recent history, with 6.3 million internally displaced civilians and more than 5 million seeking asylum abroad as refugees (UNHCR 2017). Many of those who have left the country have sought shelter in neighboring countries such as Turkey, Lebanon, and Jordan. Of the 650,000 in Jordan alone, around 130,000 live in established refugee camps Za’atari and Azraq; these camps now sprawl, city-like, and risk becoming overcrowded. Meanwhile, it is estimated that as many as 80% of those in Jordan may live outside of refugee camps, making locating and repatriating them a daunting task (UNHCR MSUMUN XVIII 20
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