Click to see the beacon journal online
Homes   Jobs   Cars   Shopping
Akron Law Café -- Community Blog

Previous post:

Next post:

Information About U.S.-South Korea Mutual Self Defense Treaty

by Professor Will Huhn on November 27, 2010

in International Law,Wilson Huhn

     David Wood of Politics Daily has posted an informative article, Deliberate or Accidental, a New Korean War Would be Devastating, discussing the recent provocations by North Korea and describing possible plans for the defense of South Korea.  Below are links to information about our obligations to South Korea (the Republic of Korea or ROK) under the 1953 Mutual Self Defense Treaty.

The Avalon Project at Yale Law School, Mutual Defense Treaty Between the United States and the Republic of Korea; October 1, 1953.  Article III of the Treaty provides:

Each Party recognizes that an armed attack in the Pacific area on either of the Parties in territories now under their respective administrative control, or hereafter recognized by one of the Parties as lawfully brought under the administrative control of the other, would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes.

Embassy of the Republic of Korea in the U.S.A., Military Alliance.   This site describes the origin of the Self-Defense Treaty from the standpoint of the South Korean government, and states:

The Mutual Defense Treaty still stands as the main pillar of the ROK's security and national strategy.

Brookings Institute, U.S.- ROK: The Forgotten Alliance, describing some of the problems that have arisen in the relationship between the U.S. and South Korea, in particular South Korea's increasing restlessness over the presence of foreign troops on its soil and its desire for more operational control over those forces.  Regarding the significance of the Treaty, Brookings states:

The U.S.-ROK Mutual Defense Treaty, signed in October 1953, two months after the end of the Korean War, has guaranteed South Korea’s national security. The security alliance counts as one of the most important of America’s alliances, not only serving to deter another North Korean attack on South Korea, but also providing a continental base for U.S. forces to face China and Russia and to provide a front-line defense for Japan. The alliance has also augmented South Korea’s military forces and provided a nuclear umbrella, thus enabling the South Koreans to pursue economic progress with relatively low military budgets.

U.S. State Department Background Note: South Korea.  This site contains detailed information about South Korea's history and demographics.  Regarding the Self-Defense Treaty, the State Department explains that operational control over the joint defense forces is scheduled to be transferred to South Korea in 2012.  The State Department says:

The United States believes that the question of peace and security on the Korean Peninsula is, first and foremost, a matter for the Korean people to decide.

Under the 1953 U.S.-R.O.K. Mutual Defense Treaty, the United States agreed to help the Republic of Korea defend itself against external aggression. In support of this commitment, the United States has maintained military personnel in Korea, including the Army's Second Infantry Division and several Air Force tactical squadrons. To coordinate operations between these units and the over 680,000-strong Korean armed forces, a Combined Forces Command (CFC) was established in 1978. The head of the CFC also serves as Commander of the United Nations Command (UNC) and U.S. Forces Korea (USFK). The current CFC commander is General Walter “Skip” Sharp.

Several aspects of the U.S.-R.O.K. security relationship are changing as the U.S. moves from a leading to a supporting role. In 2004 an agreement was reached on the return of the Yongsan base in Seoul–as well as a number of other U.S. bases–to the R.O.K. and the eventual relocation of all U.S. forces to south of the Han River. Those movements are expected to be completed by 2016. In addition, the U.S. and R.O.K. agreed to reduce the number of U.S. troops in Korea to 25,000 by 2008, but a subsequent agreement by the U.S. and R.O.K. presidents in 2008 has now capped that number at 28,500, with no further troop reductions planned. The U.S. and R.O.K. have also agreed to transfer wartime operational control to the R.O.K. military on April 17, 2012.

Here are Wikipedia entries on North Korea and South Korea.  North Korea has a population of 24 million and an annual GDP of $40 billion.  South Korea has a population of 48 million and a GDP of $1.45 trillion.

{ 1 trackback }

A Chinese Communiqué Via North Korea? | Prose Before Hos
December 6, 2010 at 7:20 am

{ 3 comments }

larry d. November 27, 2010 at 9:32 pm

Those GDP numbers tell me the North Koreans must be lefties.

Dan S. November 28, 2010 at 12:18 am

RE:"…declares that it would act to meet the common danger in accordance with its constitutional processes."

If NK invades SK, will the US President have the authority to respond with additional troops or will it have to be authorized by Congress first?

Professor Will Huhn November 29, 2010 at 8:43 am

Dan,
I think that our President could respond against North Korea without seeking any further approval from Congress. The Treaty itself constitutes congressional authorization for military action, putting this into the first category of Jackson's tripartite test, and also satisfying the War Powers Act. This interpretation is bolstered by the "Understanding" that was appended to the Treaty when the Senate ratified it. This "Understanding" provides:

It is the understanding of the United States that neither party is obligated, under Article III of the above Treaty, to come to the aid of the other except in case of an external armed attack against such party; nor shall anything in the present Treaty be construed as requiring the United States to give assistance to Korea except in the event of an armed attack against territory which has been recognized by the United States as lawfully brought under the administrative control of the Republic of Korea.

Interesting point!

Comments on this entry are closed.

Previous post:

Next post:

 

© The Akron Beacon Journal • 44 E. Exchange Street, Akron, Ohio 44308

Powered by WordPress
Entries (RSS) and Comments (RSS).