Seminar H

The Korean War, Unresolved Ongoing Conflicts and US Involvement

Seminar Description

The Korean Peninsula remains one of the most heavily militarized regions in the world, its division a lasting symbol of Cold War politics. Although the Korean War (1950–1953) ended in an armistice, no peace treaty was signed, leaving the conflict unresolved and ongoing. Today, the United Nations Command remains in South Korea, U.S. military bases have been fortified, and joint U.S.–South Korean military exercises continue to shape the region’s security landscape.

This seminar examines the Korean War and its aftermath through the lens of international law, human rights, and the right to peace. Topics include the role of the UN Command in South Korea, the U.S.–South Korea military alliance, and struggles against mandatory conscription, including conscientious objection and resistance to militarism. Faculty also analyze the implications of the UN Charter, General Assembly resolutions, and the UN Flag Code for understanding U.S. imperialism on the Korean Peninsula.

Seminar Content

  • Examine the geopolitical landscape leading to and stemming from the Korean War.
  • Explore forward-looking approaches to ending the conflict.
  • Analyze legal implications of the U.S.’s use of the UN flag.
  • Assess the legal principles behind and the use of contentious objection in the Korean context.

Faculty

Peter Kuznick

Professor of History and Director of the Nuclear Studies Institute at American University

Lee Jang Hie

Professor Emeritus at Hankuk University, Judge of Permanent Court of Arbitration, Hague

Lee Si Woo

Photographer, Expert on the Legality of UN Command and Flag

Lee Kyong Ju

Constitutional Professor at Inha University Law School

Marjorie Cohn

Moderator, Dean of the People's Academy of International Law

Supplemental Materials

Historical Foundation

Peter Kuznick–Journal of American Studies of Turkey

Interview with Oliver Stone & writer Peter Kuznick

 

Exit Strategies for the Illegality of the ROK-US Military Alliance

Exit Strategies for the Illegality of the ROK-US Military Alliance​

Interview with Lee Jang-Hie by The Korea Policy Institute

Symposium summary including comments on the human rights of North Korean defectors (including commentary by Lee Jang Hie)

The Illegality of the UN Command and the Use of the UN flag

The illegality of the “United Nations Command” and The illegality of using the UN Flag by “UNC”

Conscientious Objection to Military Service

Conscientious Objection to Military Service from the perspective of the right to peace

Supreme Court en banc Decision 2016Do10912 Decided November 1, 2018 [Violation of the Military Service Act] (holding that the Defendant, a Jehovah’s Witness, was based on a “justifiable cause” under Article 88(1) of the Military Service Act)

Opinion submitted to the Supreme Court of Korea by Amnesty International Korea in 2018

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