RAY McGOVERN: Hope for a Breakthrough in Korea

Donald Trump will ultimately have to remind his national security adviser and secretary of state who is president if there’s to be progress on North Korea, says Ray McGovern. 

By Ray McGovern
Special to Consortium News

There is hope for some real progress in U.S.-North Korean relations after Sunday morning’s unscheduled meeting between President Donald Trump and North Korean leader Kim Jong-Un, largely because Russia and China seem more determined than ever to facilitate forward movement.

Sitting down before the talks began, Kim underlined the importance of the meeting.“I hope it can be the foundation for better things that people will not be expecting,” he said. “Our great relationship will provide the magical power with which to overcome hardships and obstacles in the tasks that need to be done from now on.”

Trump was equally positive speaking of Kim:

“We’ve developed a very good relationship and we understand each other very well. I do believe he understands me, and I think I maybe understand him, and sometimes that can lead to very good things.”

Trump said the two sides would designate teams, with the U.S. team headed by special envoy Stephen Biegun under the auspices of Secretary of State Mike Pompeo, to start work in the next two to three weeks. “They’ll start a process, and we’ll see what happens,” he said.

New Impetus

Russian President Vladimir Putin and Chinese President Xi Jinping, who met individually with President Trump at the G20 in Osaka, have been singing from the same sheet of Korea music — particularly in the wake of Xi’s visit to North Korea on June 20-21. Putin’s remarks are the most illuminating. 

In an interview with The Financial TimesPutin pointed to “the tragedies of Libya and Iraq” — meaning, of course, what happened to each of them as they lacked a nuclear deterrent. Applying that lesson to North Korea, Putin said,

“What we should be talking about is not how to make North Korea disarm, but how to ensure the unconditional security of North Korea and how to make any country, including North Korea, feel safe and protected by international law. …”

“We should think about guarantees, which we should use as the basis for talks with North Korea. We must take into account the dangers arising from … the presence of nuclear weapons,” he said, adding that if a way can be found to satisfy North Korea’s understandable determination to protect its security, “the situation may take a turn nobody can imagine today.”

“Whether we recognize North Korea as a nuclear power or not, the number of nuclear charges it has will not decrease. We must proceed from modern realities …” And those realities include fundamental, immediate security concerns for both Russia and China. Putin put it this way:

”[W]e have a common border, even if a short one, with North Korea, therefore, this problem has a direct bearing on us. The United States is located across the ocean … while we are right here, in this region, and the North Korean nuclear range is not far away from our border. This why this concerns us directly, and we never stop thinking about it.”

Xi’s ‘Reasonable Expectations’

Last week in Pyongyang, Chinese President Xi Jinping saidChina is waiting for a desired response in stalled nuclear talks with the United States.

“North Korea would like to remain patient, but it hopes the relevant party will meet halfway with North Korea to explore resolution plans that accommodate each other’s reasonable concerns,” he said.

A commentary in China’s official Xinhua news agency said China could play a unique role in breaking the cycle of mistrust between North Korea and the U.S, but that both sides “need to have reasonable expectations and refrain from imposing unilateral and unrealistic demands.”

There is little doubt that the Russians and Chinese have been comparing notes on what they see as a potentially explosive (literally) problem in their respective backyards, the more so inasmuch as the two countries have become allies in all but name.

On a three-day visit to Moscow in early June, President Xi spoke of his “deep personal friendship” with Putin, with whom he has “met nearly 30 times in the past six years.” For his part, Putin claimed “Russian-Chinese relations have reached an unprecedented level. It is a global partnership and strategic cooperation.”

A Fundamental Strategic Change

Whether they are “best friends” or not, the claim of unprecedented strategic cooperation happens to be true — and is the most fundamental change in the world strategic equation in decades. Given the fear they share that things could get out of hand in Korea with the mercurial Trump and his hawkish advisers calling the shots, it is a safe bet that Putin and Xi have been coordinating closely on North Korea.

The next step could be stepped-up efforts to persuade Trump that China and Russia can somehow guarantee continued nuclear restraint on Pyongyang’s part, in return for U.S. agreement to move step by step — rather than full bore — toward at least partial North Korean denuclearization — and perhaps some relaxation in U.S. economic sanctions. Xi and Putin may have broached that kind of deal to Trump in Osaka.

There is also a salutary sign that President Trump has learned more about the effects of a military conflict with North Korea, and that he has come to realize that Pyongyang already has not only a nuclear, but also a formidable conventional deterrent: massed artillery.

“There are 35 million people in Seoul, 25 miles away,” Trump said on Sunday. “All accessible by what they already have in the mountains. There’s nothing like that anywhere in terms of danger.”

Obstacles Still Formidable

Trump will have to remind his national security adviser, John Bolton, and Secretary of State Mike Pompeo, that he is the president and that he intends to take a firmer grip on reins regarding Korean policy. Given their maladroit performance on both Iran and Venezuela, it would, at first blush, seem easy to jettison the two super-hawks.

But this would mean running afoul of the Military-Industrial-Congressional-Intelligence-Media-Academe-Think-Tank (MICIMATT) complex, in which the corporate-controlled media play thesine-qua-non role today.

In a harbinger of things to come, The Washington Post’s initial report on the outcome of the Trump-Kim talks contained two distortions: “Trump … misrepresented what had been achieved, claiming that North Korea had ceased ballistic missile tests and was continuing to send back remains of U.S. servicemen killed in the Korean War.”

The Trump administration could reasonably call that “fake news.” True, North Korea tested short-range ballistic missiles last spring, but Kim’s promise to Trump was to stop testing strategicnot tactical missiles, and North Korea has adhered to that promise. As for the return of the remains of U.S. servicemen: True, such remains that remain are no longer being sent back to the U.S., but it was the U.S. that put a stop to that after the summit in Hanoi failed. 

We can surely expect more disingenuous “reporting” of that kind.

Whether Trump can stand up to the MICIMATT on Korea remains to be seen. There is a huge amount of arms-maker-arms-dealer profiteering going on in the Far East, as long as tensions there can be stoked and kept at a sufficiently high level.

Ray McGovern works with Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington. His first portfolio at CIA was referent-analyst for Soviet policy toward China, Korea, Vietnam, and Japan. In retirement he co-founded Veteran Intelligence Professionals for Sanity (VIPS).




Survey: Americans Have Remarkably Ignorant Attitude Toward Nukes & North Korea

Caitlin Johnstone says the correct response to North Korea having nuclear retaliatory capability is simple: leave it alone.

By Caitlin Johnstone
CaitlinJohnstone.com

Half of the responders to an innovative new survey of 3,000 Americans conducted by the Bulletin of the Atomic Scientists and the British research firm YouGov reported that they would support a nuclear strike against North Korea if it tested a long-range missile capable of reaching the continental United States. A third said they’d actually prefer such a strike over other hypothetical responses.

“For example, while ‘only’ 33 percent of the U.S. public prefer a U.S. preventive nuclear strike that would kill 15,000 North Koreans, 50 percent approve,” the report reads.

The study found little change in preference for a preemptive nuclear strike whether the hypothetical scenario offered to respondents entailed the death of 15,000 North Korean civilians or one million. Preferences for a preemptive strike only dropped when the hypothetical scenario reduced the probability of success (meaning elimination of North Korea’s nuclear retaliatory capabilities) was reduced from ninety to fifty percent.

The survey found a large knowledge deficit in responders regarding nuclear weapons, with a majority reporting an unrealistic amount of confidence in both the U.S. military’s ability to eliminate all of North Korea’s nuclear arsenal in a preemptive strike and in its ability to shoot down North Korean missiles using current missile defense systems. This inaccurate perspective was significantly higher among supporters of President Donald Trump.

While the study found that a majority of Americans would prefer to de-escalate against North Korea if given the choice, a jarring number of them would be willing to use nuclear weapons at the drop of a hat, and believe it’s possible to do so at relatively little risk to Americans.

“As we have previously found, the U.S. public exhibits only limited aversion to nuclear weapons use and a shocking willingness to support the killing of enemy civilians,” write the report’s authors.

Why Expect Anything Else?

And really, why would we expect anything else? After all, Americans are taught the lie since they are children that their nation, the only nation ever to use nuclear weapons, did so with the goal of bringing a quick and painless end to a horrible world war. Like so much else, this ultimately boils down to the effects of propaganda.

“Most Americans have been taught that using atomic bombs on Hiroshima and Nagasaki in August 1945 was justified because the bombings ended the war in the Pacific, thereby averting a costly U.S. invasion of Japan,” reads an excellent 2016 LA Times article on this subject by Oliver Stone and Peter Kuznik. “This erroneous contention finds its way into high school history texts still today.”

In reality, the sole purpose of dropping nuclear weapons on Hiroshima and Nagasaki in 1945 was not to end the war, but to show the rest of the world in general and the Soviets in particular that the United States had both the capability and the savagery to wipe out any city in the world with a single bomb. The war, in fact, had already been won, and the Japanese were already on the brink of surrender as the fearsome Soviet forces entered into the war in the Pacific. The narrative that the use of nuclear bombs was a tragic but necessary means to end World War II is a lie that the U.S. has used its cultural hegemony to circulate around the world, much like the lie that America was mostly responsible for Germany’s defeat and not the U.S.S.R.

I always get a lot of pushback from Americans when I point to this, not because I don’t have facts on my side but because it’s so glaringly different from the dominant narratives that Americans are spoon fed in school. If you don’t believe me, read the aforementioned LA Times article titled Bombing Hiroshima changed the world, but it didn’t end WWII,” or this article from The Nation, or this one from Mises Institute.

Seriously, read the articles if this is upsetting you. This is an established fact to which contemporary generals at the time have attested. The uncomfortable feeling you’re experiencing upon reading this is called cognitive dissonance. It’s what learning you’ve been lied to your whole life feels like.

This report on the American public’s widespread ignorance of and indifference to the consequences of nuclear weapons use comes shortly after the U.S. Joint Chiefs of Staff briefly published and then removed from public access an update on their position on the use of nukes which contains the alarming line, “Using nuclear weapons could create conditions for decisive results and the restoration of strategic stability. Specifically, the use of a nuclear weapon will fundamentally change the scope of a battle and create conditions that affect how commanders will prevail in conflict.”

So the people responsible for forming America’s nuclear strategies believe using nuclear weapons is not just acceptable, but potentially beneficial. The mass media have been completely ignoring this horrifying revelation, and the public are too awash in disinformation to do anything about it themselves.

The correct response to North Korea having nuclear retaliatory capabilities is the same as the response to any other nuclear power: leave them alone. The narrative that North Korea’s leadership is likely to launch an unprovoked attack is exactly as baseless and moronic as the narratives about Iraq or Iran launching an unprovoked attack. It’s not a thing.

The Warping Effect

As tensions continue to escalate between nuclear powers around the world while the faltering U.S. empire becomes increasingly desperate to maintain its global hegemony, human extinction via nuclear annihilation is just as real a possibility as it was at the height of the last Cold War.

But it isn’t just the use of nuclear weapons which threatens us. Their very existence warps us as a species. In her book “The Algebra of Infinite Justice,” Arundhati Roy writes:

“It is such supreme folly to believe that nuclear weapons are deadly only if they are used. The fact that they exist at all, their very presence in our lives, will wreak more havoc than we can begin to fathom. Nuclear weapons pervade our thinking. Control our behaviour. Administer our societies. Inform our dreams. They bury themselves like meathooks deep in the base of our brains… The nuclear bomb is the most anti-democratic, anti-national, anti-human, outright evil thing that man has ever made. Through it, man now has the power to destroy God’s creation.”

This needs to change. And it won’t be changed by those in power who benefit from the status quo. Humanity itself must awaken from the propaganda cages which have been built around our minds so that the people can use the power of their numbers to force a change. The time to wake up is now.

Caitlin Johnstone is a rogue journalist, poet, and utopia prepper who publishes regularly at Medium. Follow her work on FacebookTwitter, or her website. She has a podcast and a new book Woke: A Field Guide for Utopia Preppers.” 

This article was re-published with permission from CaitlinJohnstone.com




JOHN KIRIAKOU: Bolton’s Long Goodbye

John Bolton’s days as national security advisor are apparently numbered—for reasons that have all played out in the press, says John Kiriakou.

By John Kiriakou
Special to Consortium News

Everybody in America knows that Donald Trump places a premium on what he considers to be “loyalty.” You’re either with him or against him. The White House staff has been a revolving door from virtually the start of his administration. It’s not unusual for aides to last mere weeks or months, only to then be thrown out on the street.

Trump then inevitably says something about “loyalty.”

The situation isn’t unique to just the White House political and domestic policy staff. It is just as pervasive at the National Security Council. Nobody is sacred. Remember, you’re either with him or against him. Now it’s John Bolton’s turn to find himself in a corner. I believe that his days as national security advisor are numbered—for reasons that have all played out in the press.

I’m one of those people—not at all unique in Washington—who has contacts and friends all over the political spectrum, including in the Trump Administration. After work and over drinks, they like to vent. What they are telling me privately is what other Washington insiders are telling the conservative pressThe White House, and especially the National Security Council, are in disarray. And Bolton will soon be fired.

Bolton-Centric

The right-wing Washington Examiner reported this week that Bolton acknowledged these reports, but in a back-handed way. He said in a Wall Street Journal podcast that he believes five countries are spreading “lies about dysfunction in the Trump administration.” Those countries are North Korea, Iran, Venezuela, Russia, and China. That’s laughable.

What Bolton is saying is that there is a vast and incredibly well-coordinated international conspiracy that includes some of the most important countries in the world, the main purpose of which is to embarrass him. That sounds perfectly rational, right?

Of course, a more rational person might conclude that Bolton has done a terrible job, that the people around him have done a terrible job, that he has aired his disagreements with Trump in the media, and that the President is angry about it. That’s the more likely scenario.

Here’s what my friends are saying. Trump is concerned, like any president is near the end of his term, about his legacy. He said during the campaign that he wanted to be the president who pulled the country out of its two longest wars. He wanted to declare victory and bring the troops back from Afghanistan and Iraq. He hasn’t done that, largely at the insistence of Bolton. Here we are three years later and we’re still stuck in both of those countries.

Second, my friends say that Trump wants to end U.S. involvement in the Yemen war, but that Bolton has been insistent that the only way to guarantee the closeness of the U.S. relationships with Saudi Arabia and the United Arab Emirates is to keep providing those countries with weapons, aerial refueling planes, and intelligence support.

Obsessed With Iran

That would explain the reason why the White House did not seek to block the recent Congressional vote on Yemen support. Bolton likely talked Trump into vetoing the resolution. Or he talked the Saudis into talking Trump into it. Still, at least in internal deliberations, Trump has said that he simply doesn’t see a national security reason to keep the war going. The U.S. gets nothing out of it.

Third, the mainstream media has accused Bolton of being the reason behind the failure of Trump’s second summit with North Korean leader Kim Jong-un. Bolton toed a hard line, so much so that the North Korean media called him a “war monger” and a “human defect” once the summit ended.

This week Trump told reporters gathered on the White House south lawn that Kim had “kept his word” on nuclear and missile testing. This was a direct contradiction of Bolton, who had said just hours earlier that the North Koreans had reneged on their commitments to the U.S. Trump said simply, “My people think there could have been a violation. I view it differently.”

Most importantly, Bolton has been famous for decades for his irrationally hard line on Iran. He has made no secret of his desire to bomb Iran into the stone age, to smash and overthrow its government, and to let the chips fall where they may. The policy makes literally no sense.

Iran is a country of 80 million people. It has an active and well-trained global intelligence service. It has a robust navy with highly-specialized “swift boats” that are active in the Persian Gulf. And it controls the vital Strait of Hormuz, through which 20 percent of the world’s oil and 33 percent of its liquified natural gas flows.

Trump said just a week ago that he was willing to begin talks with the Iranians “with no preconditions.” This was a major softening of U.S. policy toward Iran and it immediately drew Bolton’s ire. Indeed, The New York Times pointed out that the policy directly “overruled a longtime goal of (Trump’s) national security advisor.”

All of this has made Trump angry. He’s constantly being one-upped by one of the Washington swamp monsters he promised to rid the city of. He finally seems to have come to realize that even establishment Republicans dislike and distrust John Bolton. And now he understands why.

Mick Mulvaney, Trump’s chief of staff, has very quietly and discreetly begun informal meetings with a list of a half-dozen possible replacements for Bolton. Let’s hope he finds one that he and Trump both like sooner, rather than later.

John Kiriakou is a former CIA counterterrorism officer and a former senior investigator with the Senate Foreign Relations Committee. John became the sixth whistleblower indicted by the Obama administration under the Espionage Act—a law designed to punish spies. He served 23 months in prison as a result of his attempts to oppose the Bush administration’s torture program.

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US Media Spreads False Claims About Purging of North Korean Official

The episode exposes non-existent editorial standards on official enemies, writes Ben Norton.

By Ben Norton
Grayzone

The corporate media’s editorial standards for reporting on official enemies of the U.S., especially North Korea, are as low as ever. Blatantly false stories are regularly circulated by leading news outlets without any kind of accountability.

In the latest example, virtually every major media outlet reported that a senior North Korean official named Kim Yong-chol was supposedly forced into a “labor camp,” as part of a larger deadly “purge.”

Two days later, that same official turned up alive at a public art performance, seated next to North Korean leader Kim Jong-un.

Bloomberg kicked off the frenzy on May 30 by publishing a report claiming, “North Korea executed its former top nuclear envoy to the U.S. and four other foreign ministry officials in March after a failed summit between Kim and Donald Trump.”

Bloomberg’s source was South Korea’s far-right newspaper Chosun Ilbo, which has a long history of fabricating stories about North Korea. Chosen Ilbo’s story was based on a single unidentified source.

That is to say, the false report obediently echoed by the Western press corps was based entirely on the claims of one unnamed person.

This obvious lack of evidence did not stop credulous reporters from jumping on the sensationalist propaganda. The story was circulated by The New York TimesReutersThe Wall Street JournalThe Hill, The Daily BeastFox News, CNBCTIME, ABC News, The Financial TimesThe TelegraphVICE NewsRolling StoneThe Independent, The Washington Times, The New York Post, HuffPostFrance 24The Japan Times, HaaretzThe Times of IsraelDemocracy Now, the U.S. government’s Radio Free Europe/Radio Liberty, and many more.

Twitter even went out of its way to create a shareable Moment based on the false report.

Careful readers (only a small percentage of total readers) might have noticed that Bloomberg quietly admitted in its original report, “Previous South Korean media reports about senior North Korean officials being executed following the talks have proven false.” But this concession didn’t stop the rest of the corporate media from running with the story.

On June 2, the commentariat’s favorite fable fell apart: North Korea’s nuclear negotiator Kim Yong-chol showed up on state media, sitting a few seats away from Kim Jong-un at a musical performance.

The Associated PressReuters, The New York Times, and CNN quickly published new reports making light of the news  — but none of these contained mea culpas or official retractions.

As of June 3, the vast majority of blatantly false reports published in dozens of outlets remain uncorrected.

Grayzone has documented the long history of U.S. corporate media printing cartoonish lies about North Korea (officially known as the DPRK), especially in the form of execution stories that are quickly debunked. (The New York Times once even cited an obvious parody Twitter account as if it were the DPRK’s real state media.)

A few actual experts on Korea did raise concerns about the latest hoax. Among them was veteran reporter Tim Shorrock, who has spent decades reporting on Korea, and who joined prominent peace activists Christine Ahn and Simone Chun in questioning the story.

Shorrock cautioned on May 31, “It’s important to keep tabs on this one, which if uncorroborated could turn out to be one of the biggest fiascos in journalism history.”

As usual, Shorrock was right — but he was an outlier whose critical thinking was drowned out by a mob of mainstream pundits.

Below is a list of some of the top journalists in the U.S. corporate media and political class, including ostensible “progressives,” who spread this blatantly false story. Many of these self-styled progressives promoted the hoax in hopes of embarrassing Presdient Donald Trump for embarking on a historic peace process with the DPRK.

Journalists and Activists Who Spread the Story

-Chris Hayes, a media celebrity and MSNBC host who used the fake news to get in a cheap joke about Trump

-Julia Ioffe, a prominent journalist, GQ Magazine correspondent, and so-called Russia expert

-Yashar Ali, a contributor to New York Magazine and The Huffington Post and liberal mini-celebrity

-Peter Baker, chief White House correspondent for The New York Times and an analyst for MSNBC

-Jon Cooper, the chairman of the Democratic Coalition Against Trump, which proudly boasts, “We help run #TheResistance”

-Katie Phang, a legal contributor for NBC and MSNBC

-David Roberts, a reporter for Vox

-Caroline Orr, a neoliberal “Resistance” influencer who rose to prominence by pumping up the Russia-gate narrative

-Oz Katerji, a rabid pro-military intervention regime-change activist dedicated to harassing anti-imperialists online

-Josh Smith, a Reuters senior correspondent covering North and South Korea

-Vivian Salama, a White House reporter for The Wall Street Journal, who previously worked as AP’s Baghdad bureau chief

-Matt Bevan, the host and writer of ABC News Australia’s Russia, If You’re Listening podcast

-Kaitlan Collins, a CNN White House reporter

-Geoff Bennett, a White House correspondent for NBC News

-Andrew Desiderio, a political reporter at Politico

-David Nakamura, a Washington Post reporter

-Amy Siskind, a prominent liberal anti-Trump activist and former Wall Street executive

-Steve Silberman, longtime writer for Wired magazine

Rare Exceptions

There were a few exceptions to the norm. Some reporters who specialize on Korea did raise concerns, pointing out South Korean media outlets have a long history of publishing false stories about the DPRK.

These warnings, however, were ignored.

Ben Norton is a journalist and writer. He is a reporter for Grayzone, and the producer of the Moderate Rebels podcast, which he co-hosts with Max Blumenthal. His website is BenNorton.com, and he tweets at @BenjaminNorton.

This article is from Grayzone.




Impatient for Peace on the Korean Peninsula

Ann Wright reports on the launch earlier this month, in D.C. and New York, of the worldwide “Korea Peace Now” campaign.

By Ann Wright
Special to Consortium News

While U.S.-North Korean contact is stalled, relations between North Korea and South Korea continue to increase.

One sign of that came earlier this month when a consortium of four international women’s groups launched a worldwide campaign for peace on the Korean peninsula, “Korea Peace Now — Women Mobilizing to End the War,” during the United Nations’ Commission on the Status of Women, held during the week of March 10.

With launch events in Washington, D.C., and New York City, representatives of Women Cross DMZ, Nobel Women’s Initiative, Women’s International League for Peace and Freedom and the Korean Women’s Movement for Peace hosted three female parliamentarians from the South Korean National Assembly.  These legislators spoke with many U.S. representatives about supporting South Korean initiatives for peace on the Korean peninsula. They also met with members of the public, academics and think tankers at the Council on Foreign Relations.

Kwon Mi-Hyuk, the leader of the South Korean National Assembly, said that she has been perplexed by how little people in the U.S. — politicians as well as citizens — know about the important developments between North and South Korea in the past year, since the first summit between South Korean President Moon Jae-In and North Korean leader Kim Jung Un on April 27, 2018, in the Joint Security Area of the demilitarized zone.  She added that 80 million Koreans on the Korean peninsula, in both the North and South, are depending on the cooperation of the United States to help finally end the 70-year-old hostilities.

Only Reason to Meet  

During the same week, the U.S.-based Korea Peace Network held its annual Korea Advocacy Days on March 13-14 in Washington, D.C.  Speakers at the conference from all political alignments consistently agreed that meetings now underway — both the high-profile North-South and U.S.- North Korea contacts as well as those rumbling along between the Washington and Seoul— must produce a peace agreement.

Doug Bandow of the libertarian CATO Institute and Harry Kazianis, senior fellow at the Center for National Interest, both said military operations on the Korean peninsula have no place in today’s thinking about national security. Kazianis said that the Hanoi summit in late February between President Donald Trump and Chairman Kim Jong Un, which ended abruptly, was not a failure, but one of the to-be-expected slowdowns in negotiations. He noted that statements of “fire and fury” have not erupted from the White House since the Hanoi summit, nor has there been a resumption of North Korea nuclear or missile testing.  North Korean ICBM missile tests, Kazianis said, were the trigger point for the Trump administration. With no restart of those tests by North Korea, the White House is lower-keyed than it was in 2017.  Kazianis added that North Korea, with a population of 30 million and an economy the size of that of Vermont, poses no economic threat to the U.S.

After the Hanoi meeting, the Trump administration said North Korea demanded that U.S. lift all sanctions. The North Korean side responded by saying it had asked only for the lifting of some, specific sanctions — not all — as a confidence building measure after it had suspended nuclear weapons and ballistic missile testing.

38 North-South Meetings 

In 2018, North and South Korean government officials met 38 times in addition to the three summits between South Korean President Moon Jae-In and North Korean Chairman Kim Jung Un. These contacts occurred while sentry towers in the DMZ were being dismantled, while part of the DMZ was getting demined and while liaison offices between North and South were opening. Train tracks linking the two Koreas have been closely inspected. By opening a way through North Korea and China and Central Asia they are expected, ultimately, to link South Korea with Europe.

Parliamentarian Kwon said the South and North governments hope to be able to reopen the Kaesong Industrial complex in North Korea, which will restart the economic project halted in 2014 by the conservative South Korean Park Geun-hye administration. The complex, which provides a nexus for workers from the North and foreign currency from the South, is an hour’s drive from the South Korean capital Seoul and has direct road and rail access to South Korea.  In 2013, 123 South Korean companies in the Kaesong complex employed approximately 53,000 North Korean workers and 800 South Korean staff.

Kim Young Soon of the Korea Women’s Associations United said three meetings between civil society groups in South Korea and North Korea occurred in 2018, all aimed at reconciliation.  In a recent poll, 95 percent of young people in South Korea favor of dialogue with North Korea.

Nobel Peace Laureate Jodie Williams, chair of the Nobel Women’s Initiative, noted that the United States is one of the few countries that refused to sign the Landmine Treaty, claiming that landmines are needed to protect U.S. and South Korean military in the DMZ. 

Williams, who visited the DMZ many times in the 1990s in her work to ban landmines, returned there in December 2018 while South Korean soldiers were dismantling sentry posts and removing landmines as a part of the North-South cooperative agreements.  Williams said that one soldier told her, “I went to the DMZ with hate in my heart, but the more we interacted with North Korea soldiers, the hate went away.  I thought of North Korean soldiers as my enemy, but now that I have met them and talked with them, they are not my enemy, they are my friends.  We as Korean brothers just want peace, not war.”

On the theme of women, peace and security, Williams added, “When only men lead peace processes, the main issues that are addressed are guns and nukes, neglecting root causes of conflict. Guns and nukes are important to address, but this is why we need women at the center of peace processes — to discuss the impact of wars on women and children.”

Resolution 152

U.S. Rep. Ro Khanna spoke to the spoke to the Korean Advocacy group about House Resolution 152, which asks Trump to declare an end to war with North Korea, the longest state of war in U.S. history.  Member organizations of the Korea Peace Network will be asking their members to press their members of Congress to sign onto the resolution.  The resolution currently has 22 co-sponsors.

“We Koreans, in both the North and the South, have deep scars from the World War II war and the division of our country after World War II,” said Mimi Han of the Young Women’s Christian Association and the Korean Women’s Movement for Peace. “Korea had nothing to do with the war. We were occupied by Japan for decades before the war and yet our country was divided, not Japan.   My mother was born in Pyongyang. Seventy years later, trauma is still living in us. We want peace on the Korean peninsula-finally.”

Fifteen of the 17 countries that comprised the “UN Command” during the Korean War have normalized relations North Korea and have embassies there now. The United States and France are the only exceptions. 

The unification communique signed in 2018 by Moon, the president of the South, and Kim, the leader of the North, refers to a moment of “great historic transformation.” It goes on to itemize specific steps for confidence building and underscores a vision of peace, trilateral meetings with the U.S., the reunification of families, joint economic-development and regular contacts between the leaders of the two countries.

This all goes far beyond general concepts Trump was willing to sign in the communique following his first meeting with North Korea leader Kim.  Their second abruptly ended without a communique and cross talk.

Several speakers at the Korean Advocacy Days conference noted that the influence of war hawk John Bolton, Trump’s national security advisor, dramatically changed the dynamic of the summit in Hanoi.  As long as Bolton and his long-standing group of regime-change allies in the Contract for a New American Century remain in the White House, Trump’s goal of reaching an agreement with North Korea will be stymied.

Ann Wright served 29 years in the U.S. Army/Army Reserves and retired as a colonel.   She was a U.S. diplomat for 16 years and served in U.S. Embassies in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Micronesia, Afghanistan and Mongolia.  She resigned from the U.S. government in March 2003 in opposition to President George W. Bush’s war on Iraq. She is co-author of “Dissent: Voices of Conscience.”

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PATRICK LAWRENCE: It Was Kim That Walked Away

There are two sides to the story about why the second North Korea peace summit fell apart last week, writes Patrick Lawrence.

By Patrick Lawrence
Special to Consortium News

The abrupt and unexpected failure of the second Trump–Kim summit last week raises many questions. Let’s get one out of the way before addressing the others: No, the collapse of talks between President Donald Trump and Kim Jong-un, the North Korean leader, does not scuttle the most promising chance for peace on the Korean Peninsula since the 1953 signing of the armistice ending the Korean War. There is more to come. This was plain within hours of the summit’s end.

At this point it’s still difficult to discern even what transpired between the two leaders. The U.S. and North Korean accounts of the proceedings in Hanoi are widely at variance on key points. With history in view, it is very likely that the North Korean version comes closer to the truth than what the Trump administration is putting out and what the U.S. press is dutifully reporting.

By Trump’s account, Kim agreed to dismantle his most important nuclear production facility, at Yongbyon, roughly 60 miles north of Pyongyang. In exchange, Kim asked for all sanctions now in force against North Korea—some passed at the UN, others imposed by Washington alone—to be lifted.

Here is Trump talking to correspondents after the bust-up Thursday morning:

 “Basically, they wanted the sanctions lifted in their entirety, and we couldn’t do that. They were willing to de-nuke a large portion of the areas that we wanted, but we couldn’t give up all the sanctions for that…. They wanted sanctions lifted but they weren’t willing to do an area we wanted.”

The “large portion” Trump mentioned is Yongbyon: There is no dispute about this. Pyongyang has shut down the reactor at Yongbyon twice in the past, in 1994 and in 2007. In 2008 Kim Jong-il, the reigning Kim’s father, ordered the cooling tower at Yongbyon demolished—a televised event many readers will remember. The site was reactivated in succeeding years following a series of multi-sided talks that went nowhere. 

Kangson Facility

The “area we wanted” appears to refer to an alleged nuclear facility  at Kangson, also near the North Korean capital. What the North actually does at Kangson has never been verified, but it was one of a number of sites the U.S. side also insisted Pyongyang close.

Translation of the U.S. version of events in Hanoi: Kim offered us only one item on our list while demanding we give him everything he wanted. Who could possibly agree to such a deal?

North Korean officials tell a different story. After Trump offered his post-summit description of events, the North’s foreign minister, Ri Yong-ho, gave his own press conference; a rarity among North Korean officials. Kim had agreed to shutter the North’s main nuclear facility, by Ri’s account, if the U.S. consented to lift only the five sets of sanctions imposed by the U.N. Security Council in 2016 and 2017.

Unlike restrictions on weapons and nuclear-related equipment, these covered entire export sectors, including minerals, metals, coal, agriculture and seafood. These, Ri said, were the measures that directly hurt the lives and livelihoods of ordinary North Koreans. Layer upon layer of other sanctions would remain in effect.  

What’s Wrong? 

Translation of the North Korean position in Hanoi: We will take a considerable step toward denuclearization providing you take one of corresponding magnitude. Now the question changes: What exactly is wrong with such a deal?

You have to go back to Trump’s early months in office to understand what appears to have transpired in Hanoi. The administration’s initial position was simple but ridiculous: The North had to completely disarm before Washington would even begin talks.

Only when the absurdity of this maximalist demand became too obvious to sustain—”give us everything we will negotiate before we negotiate”—did the Trump administration alter its demands, if reluctantly and slightly.

Moon Jae-in, South Korea’s president, countered this as soon as Trump agreed last year to meet Kim, as they did in Singapore last June. The way ahead was “action for action,” in Moon’s phrase. Pyongyang’s term for the same thing is “corresponding measures.” Elsewhere the concept is called “sequencing.” Whatever one calls it, a gradual, step-by-step process is the only logical way forward after nearly seven decades of mutual distrust.

Trump’s Refusal

In effect, Kim proposed a sequenced approach when he met Trump last week. And in effect, Trump refused it. It is no wonder John Bolton, Trump’s national security adviser and the administration’s hyper-hawk on North Korea, has been assuring like-minded colleagues not to fret about the Trump-Kim summits because they are guaranteed to fail.

“This kind of opportunity may never come again,” Ri, the North’s foreign minister, said at his late-night press conference. This is not where the odds lie. 

First, Moon Jae-in pledged to help mediate between the North and the U.S. as soon as the Hanoi summit collapsed. And it has been clear since Moon was elected South Korea’s president in May 2017 that control of the agenda on the Korean Peninsula has gradually passed from the U.S. to Seoul and those working with it, notably China and Russia.

Second, Moon enjoys a trustful rapport with Kim. And the latter is unquestionably serious about shifting the North’s priorities from nuclear capability to economic development. Kim wants a deal, in short.

The primary danger to future advances toward a lasting settlement in Northeast Asia lies in Washington. It has been the spoiler on the Korean question before, let us not forget. In the early 2000s, the U.S. never delivered two light-water reactors it had promised the North in exchange for its cessation of its nuclear program. After Yongbyon was shuttered in 2007, the U.S. failed to supply promised shipments of heating fuel, citing “an understanding between the parties” about which neither China nor Russia, who were also signatories to the agreement, had ever heard.

This time around, there is little question that Bolton and other hawks in the Trump administration intend to block progress as long as they can. They have just succeeded in scuttling Moon’s long-gestating plans to develop a series of cross-border economic projects. The South Korean leader had hoped that a planned communiqué to be issued at the summit’s end in Hanoi would have opened the way for these ventures to proceed. Trump and Kim never signed it.

 “We had to walk away,” Trump said at his press conference in the Vietnamese capital. It is more likely that Kim is the one who walked away first.

“It occurs to us that there may not be a need to continue,” Choe Son-hui, Kim’s vice-foreign minister, said later. “We’re doing a lot of thinking.” It is difficult to blame Pyongyang for this, given the outcome in Hanoi. 

Patrick Lawrence, a correspondent abroad for many years, chiefly for the International Herald Tribune, is a columnist, essayist, author, and lecturer. His most recent book is “Time No Longer: Americans After the American Century” (Yale). Follow him @thefloutist. His web site is www.patricklawrence.us. Support his work via www.patreon.com/thefloutist.

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Second-Round Stakes Higher for Trump and Kim

The North Korea leader obviously wants a deal, writes Patrick Lawrence, which gives the U.S. a historic opportunity next month.

By Patrick Lawrence
Special to Consortium News

President Donald Trump’s announcement late last week that he will meet North Korea’s Kim Jong-un next month promises a significant result whether the encounter succeeds or fails. In the intervening weeks, we have two questions to ponder.

No. 1: what will this second summit accomplish? The first Trump–Kim meeting last June in Singapore was about establishing rapport and can by this measure be counted a success. Something of substance, however modest, needs to get done this time.

No. 2, and just as important, will Trump’s foreign policy minders undermine this encounter before it takes place? The record suggests this is a serious possibility.

A month ago, Trump announced the withdrawal of U.S. special forces from Syria. The howls of protest, Capitol Hill Democrats often the shrillest, have not ceased. And troops have not started to pack their duffle bags.

But the Syria decision may prove a turning point, given that Trump directly confronted the policy clique — segments of the Pentagon and State Department bureaucracies, as well as members of the National Security Council —who have been sabotaging his objectives since his first day in office two years ago.

Steve Bannon, once and briefly Trumps’ strategic adviser, put it this way after the withdrawal announcement: “The apparatus slow-rolled him until he just said enough and did it himself. Not pretty, but at least done.”

Will the second Trump–Kim summit prompt another such showdown with “the apparatus” around Trump?

It could. John Bolton, Trump’s national security adviser, is a hyper-hawk on North Korea. Behind him, the Pentagon finds the prospect of lasting peace on the Korean Peninsula a threat to its immense presence in Northeast Asia. Be wary in coming weeks of vaguely sourced press reports citing newly discovered North Korean treachery, betrayals, and deceits.

More For, Than Against

On balance, however, Trump and Kim appear to have more going for them than against them this time.

Now that the policy cliques and the press have run out of playground epithets for Kim—monster, merciless murderer, and so on—it is generally acknowledged that however autocratic, he is a young but capable statesman. In his new year’s message, he confirmed that national policy has now shifted decisively toward economic development as the North’s top priority.

While Washington and its clerks in the corporate press give Kim no credit, he has already made numerous gestures intended to appease American hawks such as Bolton, build confidence, and signal his desire to be, in effect, a modernizing dictator somewhat in the mold of China’s former leader, the late Deng Xiaoping.

Kim has halted all nuclear and missile testing, destroyed a nuclear-testing site, offered to pull back artillery from the 38th parallelwhich now divides North and South Korea, and returned the remains of some American soldiers killed in the 1950–53 war. North and South have also demilitarized a “truce town.”  

Kim wants a deal—there are no serious grounds to question this—and is surely smart enough to know he has to bring something impressive to the table next month. Just what this will be is not clear. It is easier to anticipate what he will not concede: the reciprocal diplomatic process that Moon Jae-in, South Korea’s president, calls “action for action.” It is the only rational, workable way to go forward after almost seven decades of mutual distrust and animosity. 

Development Planning  

Moon has remained remarkably energetic in behalf of a North–South settlement. His country, along with Russia and China, have drawn up development plans to connect the North and its neighbors — rails, roads, airports, seaports, power plants, refineries, and so on — that has something for everybody: The North acquires the foundation for a modern economy, South Korea gains land routes to Chinese, Russian, and European markets, Russia develops its Far East, and China can do more business with both North and South. A map of this plan shows three development belts: Two are to run down the Korean Peninsula’s western and eastern coastlines from the Chinese and Russian borders respectively. The third will run west to east across the 38th parallel. Moon wants these links eventually to connect South Korea to the Trans-Siberian Railway.

The numbers bandied about are extraordinary. While Seoul has allocated a modest $260 million to improve cross-border rail links this year, that is merely the beginning. The Korea Rail Network Authority, a government agency, estimates that upgrading the North’s roads and rails alone will cost roughly $38 billion before it is done. At the time of the first Trump–Kim summit, Citicorp put the cost of rebuilding all of the North’s infrastructure at $63 billion.  

These plans have advanced steadily since the first Trump–Kim meeting. But coverage in the mainstream American press is far from abundant.

By all appearances, the U.S. is simply not interested in a constructive settlement in Northeast Asia, even as other nations proceed to develop one. This is a perfect illustration of what happens when a nation is intent only on the projection of its power. 

It is anyone’s guess what Trump will bring to his summit with Kim. But it is clear what would produce a breakthrough if Trump truly wants one. First, he can exempt some of Moon’s cross-border development plans from sanctions that now inhibit them. Second, he can relax the ridiculous demand that the North completes its denuclearization before Washington concedes anything. “Give us all we want and then we negotiate” is not a position from which to expect any gains.

Given Kim’s aspirations and the diplomatic efforts of Seoul, Moscow, and Beijing, the opportunity for a settlement of the Korean question has not been this promising since the 1953 armistice. At the same time, Washington has rarely been so uncertain of its power—and hence so eager to display it—and we have a president surrounded by advisors given to neutralizing his better policy objectives.

If Trump and Kim get something done a month from now, we could be on the way to peace in Northeast Asia after 66 years of high tension. If they fail, or if Trump gets the Syria treatment, many years are likely to pass before a moment this propitious comes again.

Patrick Lawrence, a correspondent abroad for many years, chiefly for the International Herald Tribune, is a columnist, essayist, author and lecturer. His most recent book is “Time No Longer: Americans After the American Century” (Yale).

Follow him @thefloutist. His web site is www.patricklawrence.us. Support his work via www.patreon.com/thefloutist.

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The Media’s Brazen Dishonesty About North Korean Nuclear Violations

In its reporting of supposed North Korean “violations”, the corporate media is once again found to be pushing a political agenda, as Gareth Porter explains.

By Gareth Porter

In late June and early July, NBC News, CNN, and The Wall Street Journal published stories that appeared at first glance to shed a lurid light on Donald Trump’s flirtation with Kim Jong-un. They contained satellite imagery showing that North Korea was making rapid upgrades to its nuclear weapons complex at Yongbyon and expanding its missile production program just as Trump and Kim were getting chummy at their Singapore summit.

In fact, those media outlets were selling journalistic snake oil. By misrepresenting the diplomatic context of the images they were hyping, the press launched a false narrative around the Trump-Kim summit and the negotiations therein.

The headline of the June 27 NBC News story revealed the network’s political agenda on the Trump-Kim negotiations. “If North Korea is denuclearizing,” it asked, “why is it expanding a nuclear research center?” The piece warned that North Korea “continues to make improvements to a major nuclear facility, raising questions about President Donald Trump’s claim that Kim Jong Un has agreed to disarm, independent experts tell NBC News.”

CNN’s coverage of the same story was even more sensationalist, declaring that there were “troubling signs” that North Korea was making “improvements” to its nuclear facilities, some of which it said had been carried out after the Trump-Kim summit. It pointed to a facility that had produced plutonium in the past and recently undergone an upgrade, despite Kim’s alleged promise to Trump to draw down his nuclear arsenal. CNN commentator Max Boot cleverly spelled out the supposed implication: “If you were about to demolish your house, would you be remodeling the kitchen?”

But in their determination to push hardline opposition to the negotiations, these stories either ignored or sought to discredit the careful caveat accompanying the original source on which they were based—the analysis of satellite images published on the website 38 North on June 21. The three analysts who had written that the satellite images “indicated that improvements to the infrastructure at North Korea’s Yongbyon Nuclear Research Center are continuing at a rapid pace” also cautioned that this work “should not be seen as having any relationship to North Korea’s pledge to denuclearize.”

If the authors’ point was not clear enough, Joel Wit, the founder of 38 North, who helped negotiate the 1994 Agreed Framework with North Korea and then worked on its implementation for several years, explained to NBC News: “What you have is a commitment to denuclearize—we don’t have the deal yet, we just have a general commitment.” Wit added that he didn’t “find it surprising at all” that work at Yongbyon was continuing.

A Willful Misreading of Images

In a briefing for journalists by telephone on Monday, Wit was even more vigorous in denouncing the stories that had hyped the article on 38 North. “I really disagree with the media narrative,” Wit said. “The Singapore summit declaration didn’t mean North Korea would stop its activities in the nuclear and missile area right away.” He recalled the fact that, during negotiations between the U.S. and the Soviets over arms control, “both sides continued to build weapons until the agreement was completed.”

Determined to salvage its political line on the Trump-Kim talks, NBC News turned to Jeffrey Lewis, director of the East Asia Nonproliferation Program at the Middlebury Institute of International Studies at Monterey, who has insisted all along that North Korea won’t give up its nuclear weapons. “We have never had a deal,” Lewis said. “The North Koreans never offered to give up their nuclear weapons. Never. Not once.” Lewis had apparently forgotten that the October 2005 Six Party joint statement included language that the DPRK had “committed to abandoning all nuclear weapons….”

Another witness NBC found to support its view was James Acton, co-director of the Nuclear Policy Program at the Carnegie Endowment for International Peace, who declared, “If [the North Koreans] were serious about unilaterally disarming, of course they would have stopped work at Yongbyon.” That was true but misleading, because North Korea has always been unambiguously clear that its offer of denuclearization is conditional on reciprocal steps by the United States.

On July 1, a few days after those stories appeared, the Wall Street Journal headlined, “New satellite imagery indicates Pyongyang is pushing ahead with weapons programs even as it pursues dialogue with Washington.” The lead paragraph called it a “major expansion of a key missile-manufacturing plant.”

But the shock effect of the story itself was hardly seismic. It turns out that the images of a North Korean solid-fuel missile manufacturing facility at Hamhung showed that new buildings had been added beginning in the early spring, after Kim Jong-un had called for more production of solid-fuel rocket engines and warhead tips last August. The construction of the exterior of some buildings was completed “around the time” of the Trump-Kim summit meeting, according to the analysts at the James Martin Center of the Middlebury Institute of International Studies.

So the most Pyongyang could be accused of was going ahead with a previously planned expansion while it was just beginning to hold talks with the United States.

The satellite images were analyzed by Jeffrey Lewis, the director whom had just been quoted by NBC in support of its viewpoint that North Korea had no intention of giving up its nuclear weapons. So it is no surprise that the Martin Center’s David Schmerler, who also participated in the analysis of the images, told the Journal, “The expansion of production infrastructure for North Korea’s solid missile infrastructure probably suggests that Kim Jong Un does not intend to abandon his nuclear and missile programs.”

But when this writer spoke with Schmerler last week, he admitted that the evidence of Kim’s intentions regarding nuclear and missile programs is much less clear. I asked him if he was sure that North Korea would refuse to give up its ICBM program as part of a broader agreement with the Trump administration. “I’m not sure,” Schmerler responded, adding, “They haven’t really said they’re willing to give up ICBM program.” That is true, but they haven’t rejected that possibility either—presumably because the answer will depend on what commitments Trump is willing to make to the DPRK.

Distortion is the Norm

These stories of supposed North Korean betrayal by NBC, CNN, and the Wall Street Journal are egregious cases of distorting news by pushing a predetermined policy line. But those news outlets, far from being outliers, are merely reflecting the norms of the entire corporate news system.

The stories of how North Korea is now violating an imaginary pledge by Kim to Trump in Singapore are even more outrageous, because big media had previously peddled the opposite line: that Kim at the Singapore Summit made no firm commitment to give up his nuclear weapons and that the “agreement” in Singapore was the weakest of any thus far.

That claim, which blithely ignored the fundamental distinction between a brief summit meeting statement and past formal agreements with North Korea that took months to reach, was a media maneuver of unparalleled brazenness. And big media have since topped that feat of journalistic legerdemain by claiming that North Korea has demonstrated bad faith by failing to halt all nuclear and missile-related activities.

A media complex so determined to discredit negotiations with North Korea and so unfettered by political-diplomatic reality seriously threatens the ability of the United States to deliver on any agreement with Pyongyang. That means alternative media must make more aggressive efforts to challenge the corporate press’s coverage.

This article originally appeared at The American Conservative.

Gareth Porter is an investigative reporter and regular contributor to TAC. He is also the author of Manufactured Crisis: The Untold Story of the Iran Nuclear ScareFollow him on Twitter @GarethPorter.




Supreme Court Ignored International Law in Upholding Muslim Ban

The Supreme Court majority ignored two treaties and customary law in upholding Donald Trump’s latest travel ban, which the president himself said targeted Muslims, reports Marjorie Cohn.

By Marjorie Cohn

The Supreme Court’s opinion last month in Trump v. Hawaiiaffirming Donald Trump’s Muslim ban, has permitted the United States to act in flagrant violation of international law.

Under the guise of deferring to the president on matters of national security, the 5-4 majority disregarded a litany of Trump’s anti-Muslim statements and held that the ban does not violate the First Amendment’s Establishment Clause, which forbids the government from preferring one religion over another. Neither the majority nor the dissenting opinions even mentioned the U.S.’s legal obligations under international human rights law.

The travel ban violates two treaties to which the United States is a party: the International Covenant on Civil and Political Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination. It also runs afoul of customary international law.

Both of these treaties and customary international law prohibit the government from discriminating on the basis of religion or national origin. Trump’s Muslim ban does both.

Trump v. Hawaii “signals strongly that international law in general, and international human rights law in particular, no longer binds the United States in federal courts,” Aaron Fellmeth, professor at Sandra Day O’Connor College of Law, wrote me in an email. “Fortunately, it does not squarely hold that, but the effect may prove to be the same. For now, the Supreme Court appears determined to be complicit in U.S. human rights violations and cannot be relied upon as a check on the Executive Branch.”

The case that the Supreme Court ruled on involved the legality of Trump’s third travel ban. Issued by Trump in a “Proclamation” on September 24, 2017, the third iteration of the ban restricts travel by most citizens of Libya, Syria, Iran, Yemen, Chad, Somalia and North Korea. The ban forbids everyone from Syria and North Korea from obtaining visas. Nationals from the other six countries have to undergo additional security checks. Iranian students are exempted from the ban. The ban also forbids Venezuelan government officials and their families from traveling to the U.S.

More than 150 million people, roughly 95 percent of them Muslim, are affected by the ban.

Two prior iterations of the ban restricted travel of citizens from only Muslim-majority countries. After federal courts struck them down, Trump appeared to cosmetically added Venezuela and North Korea to avoid charges of religious discrimination.

As Justice Sonya Sotomayor, joined by Ruth Bader Ginsburg, wrote in her dissent, “it is of no moment” that Trump included “minor restrictions” on North Korea and Venezuela – two non-Muslim-majority countries. Travel by North Korean nationals was already restricted and the ban only bars travel by Venezuelan officials and their families.

Court Never Addressed International Law 

All of the justices on the Supreme Court ignored significant international law arguments in their majority and dissenting opinions in spite of an amicus brief signed by 81 international law scholars, including this writer, and a dozen non-governmental organizations. The amicus brief drew attention to the travel ban’s violation of the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, both of which the United States has ratified.

Ratification of a treaty not only makes the United States a party to that treaty, its provisions also become part of U.S. domestic law under the Supremacy Clause of the Constitution, which says treaties “shall be the supreme law of the land.”

Customary international law arises from the general and consistent practice of states. It is part of federal common law and must be enforced in U.S. courts, whether or not its provisions are enshrined in a ratified treaty. Courts have a duty to rein in federal executive action, which conflicts with a ratified treaty.

In Trump v. Hawaii, the high court concluded that the ban did not violate the Immigration and Nationality Act. The international law scholars argued in their amicus brief:

The Immigration and Nationality Act and other statutes must be read in harmony with these international legal obligations pursuant to the Supremacy Clause of the Constitution and long established principles of statutory construction requiring acts of Congress to be interpreted in a manner consistent with international law, whenever such a construction is reasonably possible.

But the Court did not construe the legality of the travel ban in light of U.S. treaty obligations and customary international law.

The the scholars argued that the primary thrust of the ban is to prohibit Muslims from entering the United States and thus constitutes religious discrimination. By singling out specific countries for exclusion, the ban also makes a prohibited distinction on the basis of national origin.

The International Covenant on Civil and Political Rights prohibits distinctions based on religion or national origin, which have “the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing of human rights and fundamental freedoms,” the United Nation Human Rights Committee, which monitors compliance with the International Covenant on Civil and Political Rights, has said.

Although the Covenant does not generally “recognize a right of aliens to enter or reside in the territory of a State party …  in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non-discrimination, prohibition of inhuman treatment and respect for family life arise,” the Human Rights Committee opined.

The Covenant also prohibits discrimination against the family: “The family is the natural and fundamental group of society and is entitled to protection by society and the State.” Immigrants and refugees who flee their countries of origin and come to the United States to reunify with their families are protected by the Covenant against discrimination based on religion or national origin. They need not be physically present in the United States to enjoy these protections.

The non-discrimination provisions of the Covenant on Civil and Political Rights also constitute customary international law. In 1948, the United States approved the Universal Declaration of Human Rights, which is part of customary international law. The declaration forbids discrimination based on religion or national origin, guarantees equal protection of the law, and shields family life against arbitrary interference.

The International Convention on the Elimination of All Forms of Racial Discrimination also prohibits discrimination based on religion or national origin and doesn’t confine its non-discrimination provisions to citizens or resident non-citizens. While the Convention “does not speak specifically to restrictions on entry of nonresident aliens,” the scholars’ amicus brief states, “The general language of [the Convention Against Racial Discrimination] expresses a clear intention to eliminate discrimination based on race or national origin from all areas of government activity.”

States parties to the convention “shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.” Parties are required to outlaw speech that stigmatizes or stereotypes non-citizens, immigrants, refugees and people seeking asylum.

The Discriminatory Nature of the Travel Ban

Even though the Supreme Court majority held that the ban did not violate the Establishment Clause of the First Amendment, much evidence exists to the contrary.

The Establishment Clause says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” That means “one religious denomination cannot be officially preferred over another,” according to Supreme Court case law.

After quoting a few of Trump’s anti-Muslim statements, Chief Justice John Roberts noted, “the issue before us is not whether to denounce the statements” but rather “the significance of those statements in reviewing a Presidential directive,” that is “neutral on its face” because he text doesn’t specifically mention religion. Roberts said the Court was “addressing a matter within the core of executive responsibility,” adding, “We must consider not only the statements of a particular President, but also the authority of the Presidency itself.”

Roberts wrote that the Court could consider the president’s statements “but will uphold the policy so long as it can reasonably be understood to result from a justification independent of unconstitutional grounds.” Courts must give great deference to the president in immigration matters and will uphold his policy if it has any legitimate purpose, Roberts argued. “The entry suspension has a legitimate grounding in national security concerns, quite apart from any religious hostility,” he said.

Sotomayor spent seven of the 28 pages of her dissent listing more than a dozen statements by Trump denigrating Muslims. She cited, in Trump’s words, the policy’s initial purpose as a “total and complete shutdown of Muslims entering the United States.” But that policy “now masquerades behind a façade of national security concerns,” Sotomayor wrote.

She quoted a Trump adviser who said, “When [Donald Trump] first announced it, he said, ‘Muslim ban.’” Sotomayor also listed Trump’s declarations that “Islam hates us,” “we’re having problems with Muslims coming into the country,” and “Muslims do not respect us at all.”

Trump said President Franklin D. Roosevelt “did the same thing” with his internment of Japanese Americans during World War II, Sotomayor noted. Trump told a story about General John J. Pershing killing a large group of Muslim insurgents in the Philippines with bullets dipped in pig’s blood. When he issued his first ban, Trump explained that Christians would be given preference for entry as refugees into the United States. He also retweeted three anti-Muslim videos.

Taking all the relevant evidence together,” Sotomayor wrote, “a reasonable observer would conclude that the Proclamation was driven primarily by anti-Muslim animus, rather than by the Government’s asserted national security justifications.” The Proclamation, she added, “is nothing more than a ‘religious gerrymander.’”

Looking Ahead

There is hope that the most abhorrent effects of this case can be mitigated. Yale law professor Harold Hongju Koh wrote on Scotus blog that transnational actors — including nation-states, international organizations, non-governmental organizations, multinational enterprises and private individuals — will invariably file litigation in international fora based on international law to lessen the impact of the ruling in Trump v. Hawaii:

[A]s they have done against other Trump policies, other transnational actors will invoke what I have called “transnational legal process” to contest and limit the impact of the court’s ruling. As they did after losing the Haitian interdiction case at the Supreme Court 25 years ago, litigants will surely seek out international fora to make arguments against the travel ban based on international law.

The Constitution’s Take Care Clause requires the president to “take care that the laws be faithfully executed.” Trump has a constitutional duty to comply with U.S. legal obligations under both treaty and customary international law.

This article was reprinted with permission from TruthOut.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers and an advisory board member of Veterans for Peace. An updated edition of her book, Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues, was recently published. Visit her website: http://marjoriecohn.com.




North Korea Agreed to Denuclearize, But US Refuses Despite Treaty Obligation

After North Korea agreed in principle to get rid of its nukes, the U.S. continues to ignore its obligation under the NPT to also eliminate its nuclear weapons, as Marjorie Cohn explains.

By Marjorie Cohn

A powerful economic incentive continues to drive the nuclear arms race. After the Singapore Summit, the stock values of all major defense contractors — including Raytheon, Lockheed Martin, Northrop Grumman, Boeing and General Dynamics — declined.

Given his allegiance to boosting corporate profits, it’s no surprise that Donald Trump is counterbalancing the effects of the Singapore Summit’s steps toward denuclearization with a Nuclear Posture Review that steers the US toward developing leaner and meaner nukes and lowers the threshold for using them.

The United States has allocated $1.7 trillion to streamline our nuclear arsenal, despite having agreed in the Nuclear Non-Proliferation Treaty in 1968 to work toward nuclear disarmament.

Meanwhile, the US maintains a stockpile of 7,000 nuclear weapons, some 900 of them on “hair trigger alert,” according to the Union of Concerned Scientists.

If weapons are used they need to be replaced,” Brand McMillan, chief investment officer for Commonwealth Financial Network has argued. “That makes war a growth story for these stocks, and one of the big potential growth stories recently has been North Korea. What the agreement does, at least for a while, is take military conflict off the table.”

Moreover, economic incentives surrounding conventional weapons also cut against the promise of peace on the Korean Peninsula. Eric Sirotkin, founder of Lawyers for Demilitarization and Peace in Korea, has pointed out that South Korea is one of the largest importers of conventional weapons from the United States. If North and South Korea achieve “a lasting and stable peace regime on the Korean Peninsula,” as envisioned by the agreement between Trump and Kim Jong Un, the market for US weapons could dry up, according to Sirotkin.

Even so, US defense spending will continue to increase, according to Bloomberg Intelligence aerospace expert George Ferguson. “If North Korea turns from a pariah state to being welcomed in the world community, there are still enough trouble spots that require strong defense spending, supporting revenue and profit growth at prime defense contractors.”

The US Lags Behind on Denuclearization

Last year, more than 120 countries in the UN General Assembly approved the Treaty on the Prohibition of Nuclear Weapons, which requires ratifying countries “never under any circumstances to develop, test, produce, manufacture, otherwise acquire, possess or stockpile nuclear weapons or other nuclear explosive devices.” It also prohibits the transfer of, use of, or threat to use nuclear weapons or nuclear explosive devices.

Since the treaty opened for signature on September 20, 2017, 58 countries have signed and 10 have ratified it. Fifty countries must ratify the treaty for it to enter into force, hopefully in 2019.

The five original nuclear-armed nations — the United States, Britain, France, Russia and China — boycotted the treaty negotiations and the voting. North Korea, Israel, Pakistan and India, which also have nuclear weapons, refrained from participating in the final vote. During negotiations, in October 2016, North Korea had voted for the treaty.

In advance of the Singapore Summit, dozens of Korean American organizations and allies signed a statement of unity, which says:

Denuclearization of the Korean Peninsula means not only eliminating North Korea’s nuclear weapons but also denuclearizing the land, air, and seas of the entire peninsula. This is not North Korea’s obligation alone. South Korea and the United States, which has in the past introduced and deployed close to one thousand tactical nuclear weapons in the southern half of the peninsula, also need to take concrete steps to create a nuclear-free peninsula.”

Prospects for a Denuclearized Peninsula

Denuclearization of the Korean Peninsula means not only eliminating North Korea’s nuclear weapons but also denuclearizing the land, air, and seas of the entire peninsula. This is not North Korea’s obligation alone. South Korea and the United States, which has in the past introduced and deployed close to one thousand tactical nuclear weapons in the southern half of the peninsula, also need to take concrete steps to create a nuclear-free peninsula.

The jury is out on whether the statement signed by Trump and Kim after months of hurling incendiary nuclear threats at each other will prevent future nuclear threats and pave the way for global denuclearization.

On April 27, 2018, the Panmunjom Declaration, a momentous agreement between South Korea and North Korea, set the stage for the Singapore Summit. It reads, “The two leaders [of North and South Korea] solemnly declared before the 80 million Korean people and the whole world that there will be no more war on the Korean Peninsula and thus a new era of peace has begun.”

The Trump-Kim statement explicitly reaffirmed the Panmunjom Declaration and said North Korea “commits to work towards complete denuclearization of the Korean Peninsula.”

However, when the summit was in the planning stages and before Trump anointed John Bolton as National Security Adviser, Bolton skeptically predicted the summit would not deter North Korea from acquiring nuclear weapons.

Bolton wants regime change in North Korea. His invocation of the Libya model — in which Muammar Qaddafi relinquished his nuclear weapons and was then viciously murdered — nearly derailed the summit. Bolton cynically hoped the summit would provide “a way to foreshorten the amount of time that we’re going to waste in negotiations that will never produce the result we want.”

Sirotkin said in an interview, “Sadly, [the summit] may be set up in this way to please the John Bolton neocon wing as this offers nothing but the peace we agreed to after World War II for all countries of the world in the UN Charter.”

Meanwhile, Trump claims he has achieved something his predecessors — particularly his nemesis Barack Obama — were unable to pull off. “There is no longer a Nuclear Threat from North Korea,” Trump tweeted upon landing in the United States after the summit. Five minutes later, he again took to Twitter, declaring, “Before taking office people were assuming we were going to War with North Korea. President Obama said that North Korea was our biggest and most dangerous problem. No longer – sleep well tonight.”

In an analysis shared via Facebook, H. Bruce Franklin, professor emeritus at Rutgers University, pointed out that — in a sideways fashion — Trump was correct when he tweeted there is no longer a nuclear threat from North Korea:

[Trump] of course omitted the simple fact that there never was a realistic nuclear threat from North Korea, which has been frantically building a nuclear capability to act as a deterrent against U.S. aggression. If the U.S. stops threatening North Korea, North Korea will have no motive to threaten the U.S. with retaliation. The United States never faced any nuclear threat until we forced the Soviet Union to create one in 1949 to serve as a deterrent against our aggression.”

The significance of the Singapore Summit should not be underestimated. Trump is the first U.S. president to meet with the leader of North Korea. Trump showed Kim respect, and Kim responded in kind. Trump and Kim made a major commitment to peace. We should applaud and support it, and encourage Trump to sit down with Iran’s leaders as well.

The joint agreement signed by the two leaders in Singapore was admittedly sketchy, and denuclearization will not happen overnight. But the agreement was a critical first step in a process of rapprochement between two countries that have, in effect, been at war since 1950.

Indeed, the United States has continued to carry out military exercises with South Korea, which North Korea considers preparation for an invasion. In a critical move, Trump stated at the post-summit press conference that the United States would suspend its “very provocative” war games.

Trump also announced a freeze on any new US sanctions against North Korea and indicated that the United States could lift the current harsh sanctions even before accomplishing total denuclearization. Kim promised to halt nuclear testing and destroy a testing site for ballistic missile engines.

Ultimately, however, it is only global denuclearization that will eliminate the unimaginable threat of nuclear war.

This article is reprinted with permission from TruthOut.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers and an advisory board member of Veterans for Peace. An updated edition of her book, Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues, was recently published. Visit her website: http://marjoriecohn.com.