DPRK Sanctions Panel of Experts - S/RES/1874 (2009)

S/RES/1874 deals the establishment of a Panel of Experts to address the issues of non-proliferation and nuclear weapons in the Democratic People’s Republic of Korea in addition to the sanctions from S/RES/1718. The resolution is a response to nuclear test that Korea conducted in May of 2009 and has some of the same calls that took place in the previous resolution. There is a call for inspection for all cargo to and from the DPRK and there are new directions that the sanctions regime should take through the Panel of Experts.


Preamble

The resolution starts recalling the previous relevant resolutions, such as S/RES/1540 and S/RES/1718, and reaffirming that proliferation continues to be a threat to international peace and security. It also expresses gravest concerns at the nuclear weapons test that have been conducted by the DPRK and its violation of previous resolutions and challenges to the Treaty on Non-Proliferation of Nuclear Weapons. In this regard, it stresses the collective support for the NPT and deplores the DPRK’s announced withdrawal from the NPT.

There is also the underlining of the importance of security and humanitarian concerns of the international community and that the measures imposed by the resolutions are not intended to have adverse humanitarian consequences. It also expresses concerns with the increased tension in the region, which continues to be a clear threat to international peace and security. The resolution takes its legal authority from the article 41 of the Chapter VII of the UN Charter, which deals with forceful actions without use of force, or usually, sanctions.

Operative Clauses

The resolution initiates with a condemnation, in the strongest terms, of the nuclear test and the flagrant disregard of the Council’s relevant resolutions on the matter. It demands that the DPRK shall not conduct further nuclear tests; suspend all activities related to ballistic missile program; immediately comply with obligations under other resolutions; retract its announcement of withdrawal from the NPT; return to NPT and IAEA safeguards; and abandon all nuclear weapons and existing programs. It also calls all Member States to implement their obligations pursuant to S/RES/1718 and designations made by the Sanctions Committee.

The resolution also decides that measures from S/RES/1718 concerning sanctions shall apply to all arms, related materiel and financial transactions of related goods. The expanded sanctions obligations for the Member States goes also to bunkering services to DPRK vessels. It also calls upon the States to exercise vigilance on supplying small arms and light weapons to the DPRK and that those that supply ought to notify the Sanctions Committee at least five days prior to the supplying. The present resolution also expands the cargo inspection authority granted to the Member States on S/RES/1718 and still calls the inspectioning States to promptly report the Committee on the actions taken under this authority to inspect, seize and dispose of the prohibited materiel.

The provisions of the resolution further calls for the prevention of provision of financial services for activities that would contribute to nuclear-related efforts by North Korea. To strength this measures they also call upon all Member States and international institutions not to enter into new financial commitments with the DPRK, except for humanitarian and developmental purposes. It also calls the States not to provide public financial support for trade with the North Korea and that all of them should comply with the sanctions provisions that were established under S/RES/1718 but without prejudice to the activities of the diplomatic mission in the DPRK. Member States are supposed to exercise vigilance when it comes to training and specialization of North Korean nationals in areas that can be related to nuclear activities.

There are also provisions that state that all Member States have to report to the Council within forty-five days of this resolution on the measures taken by them. It also expresses that the sanctions measures stated in S/RES/1718 should also apply to items that are listed in documents from the IAEA as they relate to nuclear proliferation. The Sanctions Committee shall report to the Council within thirty days of the adoption of this resolution and the Committee shall intensify its efforts to promote the full implementation of the provisions from S/RES/1718.

To assist in the implementation efforts the Secretary-General is instructed to create for a period of one year, further extended in S/RES/1985, a Panel of Experts that is supposed to: assist the Committee in its mandate; analyze information from States; make recommendations; and provide an interim report of its work within ninety days. The resolution also urges all States, UN bodies and interested parties to cooperate fully with the work of both the Sanctions Committee and the Panel of Experts. There is another call for the DPRK to join the international treaties, especially the Comprehensive Nuclear-Test-Ban Treaty.

The resolution supports a peaceful dialogue and calls upon the North Koreans to return immediately to the Six Party Talks without preconditions. There is also the expression of a commitment to a peaceful, diplomatic and political solution to the situation in North Korea and welcomes the efforts being taken by the Member States. Notwithstanding, they affirms that the DPRK’s actions ought to remain under continuous review and that they shall be prepared to review the appropriateness of the measures. There is also the consideration that additional measures might be considered in the future and they decide to remain actively seized of the matter.

In sum

S/RES/1874 expands the sanctions regime that has been established by the United Nations to address the issues caused by the nuclear proliferation efforts being taken by the authorities in North Korea. The creation of the Panel of Experts combined with the Sanctions Committee efforts should serve to be a more effective way to change the efforts that the countries is pursuing. Nonetheless, the Panel of Experts’ initial one year effort established in 2009 has already be extended until 2012, indicating a failure to execute their mandate.