Cao Xin

Opinion | How China can respond to new headache of Russia-North Korea treaty

Beijing needs a firm response, deft diplomacy and better ties with South Korea to safeguard its interests and influence in East Asia

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Cao Xin

Published: 5:30am, 24 Jul 2024Updated: 8:28am, 24 Jul 2024

North Korea and Russia’s signing of the Treaty on Comprehensive Strategic Partnership on June 19 garnered significant global attention. The agreement could enable Russia to supply North Korea with precision weapons and missile technology. This poses severe risks to China’s national security and regional stability, and Beijing must respond decisively yet cautiously to protect its interests without undermining them.

To understand the treaty’s implications for China, it is crucial to examine the scope of cooperation between North Korea and Russia. Despite reports that portray the treaty as a defensive pact guaranteeing automatic intervention in case of a war, the treaty imposes significant restrictions on both nations’ actions under international law, especially on North Korea.

Article 4 of the treaty states that if one party is at war because of external aggression, the other must “provide military and other assistance” in accordance with Article 51 of the United Nations Charter and the laws of North Korea and Russia. This clause means military aid must comply with both the UN Charter and national laws, giving both countries considerable discretion on intervention.

However, the treaty invoking Article 51 is critical. The article mandates reporting self-defence measures to the UN Security Council, which retains the authority to maintain or restore international peace and security.

This provision imposes two conditions: immediate reporting of self-defence actions to the Security Council and ensuring such actions do not impede the council’s authority to maintain peace. For North Korea, which is already under UN sanctions for nuclear weapons development, this means any self-defence involving nuclear weapons or ballistic missiles could be deemed illegal.

Therefore, Article 4 of the North Korea-Russia treaty significantly limits both countries’ wartime conduct, particularly North Korea’s. Russian President Vladimir Putin likely included this clause to maintain flexibility in dealing with North Korean leader Kim Jong-un’s regime.