By Sandip Kumar Mishra
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It signifies the preemptive use of nuclear weapons in case of any emergency. Furthermore, Kim made it clear that the North Korean nuclear weapons program is "irreversible" as the North is a "nuclear state."
The new law is reported to be an important departure from a similar law which North Korea promulgated on April 1, 2013. In the earlier law, North Korea sought to defend itself in case of a nuclear attack, but in the new law the country seeks to strike first.
Furthermore, there are five conditions which are mentioned in the new law which would warrant North Korea's nuclear weapons use. The new law is seen as a significant shift from Pyongyang's existing nuclear posture.
However, it would be important to delineate the North Korean nuclear posture and evaluate whether it is "new" or progresses from the already existing North Korean posture. It has been reported that through this new law, North Korea has declared itself a "nuclear state."
But the fact is that North Korea inserted the word "nuclear state" in the preamble of its constitution in 2012 and conveyed that it is a nuclear power. The message was both for its own people to take pride in its nuclear status and to let the international community know that the North will continue to possess its nuclear weapons.
The second important departure in the new law is considered to be the use of the word "irreversible" which means that North Korea will not give up its nuclear weapons.
Actually, from the very beginning of the North Korean nuclear quest and especially after conducting its first nuclear test in 2006, the North sought to be recognized as a nuclear power.
On multiple occasions, North Korea showed up at bilateral as well as multilateral dialogue platforms with the stated position that it may give up its nuclear weapons if certain conditions are fulfilled.
However, North Korea has always suspected that the goal of rival countries is either the change or collapse of the North Korean regime rather than its denuclearization.
Actually, in his latest speech at the SPA session, Kim openly expressed North Korea's doubt. For the same reasons, there are observers who argue that without a credible assurance to North Korea to sustain its regime, Pyongyang would not give up its nuclear program.
North Korea has also seen the case of Libya in which giving up nuclear weapons led to the toppling of the regime. Furthermore, it is also said that North Korea has progressed considerably in its nuclear and missile programs and their reversal has become increasingly implausible.
Thus, it is not "new" if North Korea says that its nuclear program is "irreversible." Actually when the Yoon Suk-yeol administration in South Korea offered an "audacious" initiative to help North Korea with food, infrastructure and other areas in return for the North's denuclearization or move towards this goal, Pyongyang said that it is the "height of absurdity" on the part of South Korea and that the South Korean leader must "shut his mouth" because "no one barters its destiny for a corn cake."
The third important change by the new law is said to be North Korea stating a preemptive nuclear strike. The overt statement may be new, but North Korea never had a nuclear doctrine of "no first use."
Actually, it would be naive to think that North Korea, which has no reliable second strike capability, would wait for nuclear or other strikes to retaliate against them. In reality, North Korea earlier also had the posture of a preemptive strike and it is going to have a similar posture in the future also.
Thus, the new North Korean law regarding its nuclear posture does not contain anything "new." Actually, the North itself clearly summarized the new law as an attempt to avoid any "misunderstanding" by rival countries as well as their "misuse" of nuclear weapons against North Korea. It means giving formal clarity to an already existing reality.
Rather than the new law itself, the real worry is that North Korean nuclear and missile programs are getting increasingly sophisticated and formalized and thus more difficult to reverse.
The North Korean regime, which is not transparent, raises doubts when it comes to economic and political stability, has erratic and provocative gestures and reportedly had connections with rogue states and non-state actors. Its possession of nuclear weapons and delivery systems is a matter of concern. And urgent attention must be given to deal with them rather than debating about the new law.
The author (sandipmishra10@gmail.com) is associate professor at the Jawaharlal Nehru University, India.
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