Does North Korea Have a “Right” to a Nuclear Program?

In response to an earlier comment, I went and dug up the Non-Proliferation Treaty (NPT) and did some analysis. The answer is yes, but with strict conditions that North Korea has not met. I thought the comment worthy of a post on the main page, so I reproduce it, slightly edited, here.

First, I place very little value on what the NPT does and does not allow in a case like this one. What can you say about the NPT’s ability to restrain a nation that lied its way into the NPT, withdrew when it was caught lying, was paid a tyrant’s ransom to somewhat haltingly rejoin it, and then, caught lying again, pulled out again.

However, I don’t agree with your analysis that the NPT simply gives states the unconditional right to peaceful uses of nuclear energy. The NPT divides states into five permanent nuclear weapons states and a whole bunch of non-nulcear weapons states (for those who see this as “unfair” and want return to non-legal equities, skip back to the top paragraph).

Article II of the NPT binds non-nuclear-weapons-possessing signatories to refrain from acquiring nukes and nuke programs. NK is clearly out of compliance here. Article III requires non-nuke states signing the NPT (presumably for the benefit of “peaceful” nuclear energy) to accept safeguards, which are administred by the IAEA.

Thus, it’s fair to say that compliance with the IAEA safeguards regime is a condition of the “right” to peaceful nuclear programs. North Korea has long been out of compliance with that regime, and it’s the IAEA’s position that it remains out of compliance.

It stands to reason that a nation out of compliance with its safeguards obligation ought not to have any right to nuclear programs under the NPT. That, of course, brings us back to the essential weakness of the UN–its consistent failure to attach real consequences to noncompliance with its resolutions. Here, however, the U.S. government takes a share of the blame. The Agreed Framework undercut what was theoretically a multilateral control mechanism and helped China and other nations undercut whatever stern UN action may have been forthcoming. Thus:

1. North Korea does NOT have the right to a peaceful nuclear program, at least not until it gets back into compliance with the safeguards agreement;

2. The IAEA would be insane to declare NK compliant with the safeguards without a full and unfettered right to inspect anytime/anywhere, and without an admission on the uranium program (read the IAEA fact sheet on the DPRK; the IAEA takes this seriously). North Korea will never agree to those conditions;

3. NPT or not, without an extraordinary departure from its past and present intransigence, North Korea cannot be trusted with nuclear materials.