Legal constraints hampering enforcement of UN sanctions on North Korea

Legal constraints are impeding enforcement of UN sanctions against North Korea on the high seas, a Foreign Ministry official in Seoul has complained, explaining that boarding ships suspected of violating the prohibitions is difficult under international law.

‘The biggest legal challenge for us is conducting an onboard inspection on high seas, even when we have this very probable grounds that this vessel has conducted illicit maritime activities,’ Juyoung Lee, an official at the ministry’s Export Control and Sanctions Division said.

‘In accordance with international law, without a flag state’s consent, we can’t actually conduct any measures on suspicious vessels,’ Lee reportedly explained at a round table on maritime sanctions enforcement with officials from the European Union.

The 4 June roundtable coincided with the arrival of the Dutch frigate HNLMS Tromp at the South Korean port of Busan, to support multinational enforcement of UN sanctions.

The UN Security Council has passed nearly a dozen resolutions since 2006 sanctioning North Korea for developing nuclear weapons and related activities, with the United States and other countries imposing their own unilateral measures.