[News Terms] UN Charter Article 51 as Basis for North Korea-Russia 'Military Support in Emergencies'

North Korea and Russia have agreed to provide military assistance without delay if either side is subjected to armed aggression, citing 'Article 51 of the UN Charter' as the basis. This article stipulates that UN member states have the right to individual and collective self-defense in the event of an armed attack.

North Korean State Affairs Commission Chairman Kim Jong-un and Russian President Vladimir Putin signed the "Treaty on the Comprehensive Strategic Partnership" between the two sides on the 19th, Chosun Central TV reported on the 20th. [Chosun Central TV screen] [Image source=Yonhap News]

Specifically, Article 51 of the UN Charter states, "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." This clearly recognizes the rights of 'individual self-defense' and 'collective self-defense' as inherent rights when a UN member state is attacked.

Here, individual self-defense refers to the right of a country to use force to defend itself and its people when attacked by another country, while collective self-defense means the authority of allied countries to use military force. North Korea and Russia’s claim that their treaty complies with international norms focuses precisely on this 'right of self-defense.' They believe that as long as they justify it as protecting themselves and their allies, they can legitimize war.

This is in the same context as Russia’s claim in February 2022 at the UN that the war it is waging in Ukraine is based on Article 51 of the UN Charter. At that time, Vasily Nebenzya, Russia’s ambassador to the UN, attending an emergency meeting of the UN Security Council, stated, "Russia’s military operation aims to protect the residents of the pro-Russian regions in eastern Ukraine," and justified the invasion of Ukraine by saying, "This is an operation under the collective self-defense of Article 51 of the UN Charter."

However, Article 51 also states that any measures taken by a member state in exercising the right of self-defense must be immediately reported to the Security Council, and the Security Council may take any measures it deems necessary to maintain or restore international peace and security. It also specifies that measures taken in self-defense "shall not affect the authority and responsibility of the Security Council." This means that, contrary to Russia and North Korea’s claims of legitimacy based on collective self-defense, the Security Council can take necessary actions if it determines that there is a threat to international peace and security.

Meanwhile, according to the full text of the "Treaty on Comprehensive Strategic Partnership" released by the Korean Central News Agency on the 20th, Article 4 states, "If either party is subjected to armed aggression by an individual country or multiple countries and enters a state of war, the other party shall, in accordance with Article 51 of the UN Charter and the laws of the Democratic People's Republic of Korea (North Korea) and the Russian Federation (Russia), promptly provide military and other assistance by all means at its disposal."