Military: "Legal right to self-defense cannot be restricted by the armistice agreement"
UN Command: "South Korea did not violate the armistice agreement during Yeonpyeong Island incident"
[Asia Economy Reporter Jang Hee-jun] The military authorities stated that sending drones north of the Military Demarcation Line (MDL) last month in response to North Korea's intrusion into South Korean airspace was an act of self-defense and cannot be restricted by the armistice agreement.
Jeon Ha-gyu, spokesperson for the Ministry of National Defense, asserted at a regular briefing held at the Ministry of National Defense building on the 9th, "North Korea's intrusion across our Military Demarcation Line with drones at the end of last year was a clear violation of the armistice agreement, the South-North Basic Agreement, and the September 19 Military Agreement, constituting a provocative act."
JCS conducts joint air defense exercise targeting unmanned aerial vehicles [Image source=Yonhap News]
He continued, "(The drone countermeasure) was a proportional response to North Korea's clear military provocation and is a corresponding measure within the scope of self-defense," emphasizing, "Such self-defense responses are legitimate rights guaranteed under Article 51 of the UN Charter." According to Article 51 of the UN Charter, UN member states have the individual and collective right to self-defense if an armed attack occurs against them.
Regarding the comment that "whether the armistice agreement was violated should be determined by the investigation results of the United Nations Command," Spokesperson Jeon said, "The UN Command will conduct an investigation on that matter, but from a legal perspective, self-defense is a legitimate right guaranteed by Article 51 of the UN Charter," reiterating, "The armistice agreement is subordinate to this, so the armistice agreement cannot limit the UN Charter."
Previously, during North Korea's shelling provocation of Yeonpyeong Island in November 2010, the United Nations Command concluded in a special investigation report that "North Korean military's shelling provocation was an act of hostility and use of force against the Republic of Korea and its military, and cannot be justified as self-defense." It also evaluated that the Republic of Korea Marine Corps' return fire was a legitimate exercise of self-defense, consistent with the armistice agreement, the UN Charter, and customary international law.
The Ministry of National Defense also stated the day before that the armistice agreement does not restrict the inherent authority and duty of commanders to take appropriate measures in response to clear hostile acts, which is the right of self-defense.
Earlier, Park Sung-jun, spokesperson for the Democratic Party of Korea, claimed during a National Assembly briefing the previous day that President Yoon's directive to "send drones to North Korea" following the North Korean drone intrusion incident was an impulsive and clumsy response violating the armistice agreement.
Was the air defense unit protecting the Presidential Office late to recognize the situation?
Due to the failure to properly relay North Korean drone detection information from the frontline area, it is presumed that the unit responsible for air defense operations over the Yongsan Presidential Office only became aware of the drone's entry into Seoul after the fact.
Lee Sung-jun, Public Affairs Officer of the Joint Chiefs of Staff, explained in response to the question, "Did the 55th Air Defense Unit responsible for air defense operations over the Presidential Office, like the Capital Defense Command, fail to receive drone information?" saying, "Air defense operations over Seoul are the responsibility of the Capital Defense Command, and air defense operations over the P-73 no-fly zone are also their responsibility," adding that inspections are underway targeting related units.
He added, "I mentioned yesterday that there was a lack of sharing and cooperation between the 1st Corps and the Capital Defense Command, and when I said the Capital Defense Command is responsible for air defense operations in the Seoul area, it includes matters related to the Presidential Security Service."
Meanwhile, the government did not lodge a protest through the South-North Joint Liaison Office channel regarding North Korea's recent drone provocation.
Cho Joong-hoon, spokesperson for the Ministry of Unification, said at a regular briefing held at the Government Seoul Office the same day, "(The South-North Joint Liaison Office) holds regular calls at 9 a.m. and 5 p.m.," adding, "This morning's call was conducted normally." When asked whether any protest or formal communication was sent regarding North Korea's drone provocation during the call, he replied, "No."
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