Consecutively without any ambiguity, the three latest UNSC reports, concluded by the UN panel of experts(PoE) respectively– August 28 ,2020 (S/2020/840 )March 2, 2020,( /S/2020/151) and the midterm report, August 30, 2019,( S/2019/691)– formally list alleged sanctions violations committed by North Korea and other states vis-à-vis the North Korean nuclear programme. In paragraph 2 of its resolution 2515 (2020), the Security Council requested the Panel of Experts established pursuant to resolution 1874 (2009) to provide the Security Council Committee established pursuant to resolution 1718 (2006) with a midterm report with its findings and recommendations. The violation of the UNSC resolutions is a breach of international commitments. The core purpose to write this two-part article is to argue the fact that since India has been listed in that category of countries who have had made violations of the UNSC resolutions on the North Korean nuclear programme, New Delhi loses its acquiredlegitimacy to use the NSG waviergiven to India in 2008 via US’s unwarrantedfavourtism.
The Institute for Scientific and International Security (ISIS) in its annual report( Feb 07-2019- Feb 07-2020 ) identified over 250 alleged violations in these Panel reports, thereby involving 62 countries, an increase of six countries compared to the previous year’s reporting by the Institute. Thirty-nine of the 62 states listed in this report were allegedly responsible for multiple (two or more) documented sanctions violations. Twelve countries stand out for being involved in more than five documented allegations (ranging from higher to lower number of allegations).So far, the UNSC has adopted nine major sanctions resolutions on North Korea in response to the country’s nuclear and missile activities since 2006.
The Panel of Experts established pursuant to Security Council resolution 1874 (2009) has the prerogative to transmit herewith, in accordance with paragraph 2 of Security Council resolution 2464 (2019), the midterm report on its work. During the reporting period, the Democratic People’s Republic of Korea (DPRK) continued to enhance its nuclear and missile programmes, although it did not conduct a nuclear test or intercontinental ballistic missile launch. Missile launches in May and July of 2019 enhanced its overall ballistic missile capabilities. While there have been continued diplomatic efforts, including at the highest levels, to achieve the verifiable denuclearization of the Korean Peninsula in a peaceful manner, and generally lower levels of tension on the Peninsula, the investigations carried out by the PoE show continued violations of the resolutions.
As per the current and previous reports, at least sixteen countries including India failed to prevent, prohibit, or act upon alleged procurement violations, where sanctioned goods and mineralswere imported by the DPRK
According to the reports, the DPRK continued to violate sanctions through the illicit ship-to-ship transfers and the procurement of weapons of mass destruction-related items and luxury goods. These and other sanctions violations are facilitated through the country’s access to the global financial system, through bank representatives and networks operating worldwide. The DPRK has also used cyberspace to launch increasingly sophisticated attacks to steal funds from financial institutions and cryptocurrency exchanges to generate income. The Panel of Experts as requested in paragraph 43 of resolution 2321 (2016), provided its systematic findings.
The Panel continued its investigations into the evasion by the DPRK of financial sanctions through cyber means to illegally force the transfer of funds from financial institutions and cryptocurrency exchanges, launder stolen proceeds and generate income, whether in fiat or cryptocurrency. Based on the information provided by the Member States and open- source reports, the Panel is undertaking investigations of at least 35 reported instances of Democratic People’s Republic of Korea actors attacking financial institutions, cryptocurrency exchanges and mining activity designed to earn foreign currency, including in the following Member States: Bangladesh (2 cases), Chile (2), Costa Rica (1), the Gambia (1), Guatemala (1), India (3), Kuwait (1), Liberia (1), Malaysia (1), Malta (1), Nigeria (1), Poland (1), the Republic of Korea (10), Slovenia (1), South Africa (1), Tunisia (1) and Viet Nam (1).
It is unraveledin the current year 2020 that India committed 5 to 10 violations. A close assessment of data shows that North Korea, with the help of India, employed a variety of evasion techniques to avoid detection of such illicit imports and these evasions directly support the DPRK in financing its nuclear programme despite being under strict global watch. In addition, the DPRK has been accused of having about 6,000 hackers, many of whom operate from other countries including India. Earlier, the cybersecurity firm, Recorded Future, found intense North Korean internet activity in India where nearly one-fifth of North Korea’s cyber-attacks originate. As per latest reports, North Korean hackers, who are physically stationed in India, were involved in organized cyber-attacks throughout the world. Clearly,the North Korean hackers along with their Indian counterparts remain involved in global cyber warfare.
Arguably, there is no excuse for any military cooperation with the DPRK. The eleven states in subcategory 1, or those that procured or supplied military-related equipment and materiel, and three states in subcategory 2, or those that hosted or procured DPRK training or advisors, warrant special international scrutiny and potentially economic penalties. Though India is not currently included in this category, it is no surprise to note that till 2016, the North Koreans got military training from India. . The UN Panel of Experts ( in 2018) had also revealed that a number of North Korean Scientists who remained a part of Pyongyang’s nuclear program, studied courses on space science and satellite technology at a research institute, Centre for Space Science and Technology Education in Asia and the Pacific (CSSTEAP), in northern India.
The Indian Institute provided at least 30 North Korean scientists with training courses that could greatly assist the development of Pyongyang’s nuclear and ballistic missile programs. UN officials were especially alarmed by courses offering satellite communications training and instructions for launch vehicle testing to North Koreans. ThoughIndian officials have refuted the links between these courses and WMD development, the North Korean government’s appointment of Paek Chong-ho, a CSSTEAP alumnus, to a senior leadership position in the agency governing Pyongyang’s 2012 satellite launch, gives credibility to UN officials’ concerns.
As per the current and previous reports, at least sixteen countries including India failed to prevent, prohibit, or act upon alleged procurement violations, where sanctioned goods and minerals, such as coal, oil, and petroleum products, were imported by the DPRK. It is argued that India has repeatedly violated UN Security Council resolutions. Previously, the panel of experts in their report in 2018 found that between January and September 2017, India imported iron and steel valued at $1.4 million, iron and steel products worth $234,000, copper worth $233,000 and $526,000 of zinc. It was a clear and brazen violation of the UNSC resolutions. Not surprisingly,in 2018, India’s VK Singh visited North Korea. Political observers and experts say that Singh’s North Korea visit was not a random diplomatic outreach to the communist country but a part of New Delhi’s secret agenda with Pyongyang.
To be continued
The writer is an independent ‘IR’ researcher and international law analyst based in Pakistan