North Korean leader Kim Jong-un [NEWS1]
North Korea constitutionally enshrined the use of nuclear weapons in the event that its leader is incapacitated, Seoul’s National Intelligence Service (NIS) told parliament on Thursday, formalizing the continued operation of its arsenal under any circumstances.
In a briefing to the National Assembly’s Intelligence Committee, the intelligence agency noted that North Korea further solidified Kim Jong-un’s leadership through constitutional revisions adopted at the first session of the 15th Supreme People’s Assembly in March.
The revision also explicitly stipulates, for the first time, the conditions and authority for the use of nuclear weapons, including a decapitation strike or similar operation carried out against Kim.
Article 89 of the North’s constitution states that “command authority over the republic’s nuclear forces belongs to the chairman of the State Affairs Commission” and that “the chairman of the State Affairs Commission may delegate authority to use nuclear forces to the state nuclear force command organization.”
The revisions concerning the North’s current State Affairs Commission chairman, Kim, elevate his authority over the country’s nuclear weapons at a higher level than originally stipulated in the 2022 nuclear forces policy law.
This is seen as an external declaration that North Korea has no intention of abandoning its nuclear weapons program.
North Korean leader Kim Jong-un oversees test launches of strategic cruise missiles and antiship missiles from the new 5,000-ton Choe Hyon destroyer, which is set to be commissioned, the state media Rodong Sinmun reported on April 14. [NEWS1]
At the same time, the revision elevates to constitutional status the chairman of the State Affairs Commission’s authority over nuclear command originally stipulated in the 2022 Nuclear Forces Policy Law.
The provision allowing the chairman to delegate nuclear launch authority to the nuclear command organization is also seen as codifying procedures for nuclear retaliation even in the event that the supreme leader becomes incapacitated.
According to Article 3 of the nuclear policy law, the nuclear command body consists of members appointed by the chairman of the State Affairs Commission. They must also assist the leader “throughout the entire process from decision-making to execution regarding nuclear weapons.”
The same article also stipulates that “the republic’s nuclear forces obey the sole command of the chairman of the State Affairs Commission” and that “the chairman holds all decision-making authority related to nuclear weapons.”
This photo, provided by the National Intelligence Service, shows the headquarters of the South Korean spy agency. [YONHAP]
It further notes that “if the command and control system over the state nuclear forces is placed in danger by hostile forces’ attacks […] a nuclear strike shall be launched automatically and immediately.”
The latest constitutional revision adds grounds for invoking those provisions, effectively allowing the head of the nuclear command organization appointed by Kim to decide on nuclear retaliation or counterstrikes under delegated authority granted either to a successor or another official empowered under the leadership hierarchy.
The constitution, however, does not explicitly spell out procedures regarding a leadership vacuum or the delegation of authority, according to NIS.
“The NIS speculated that a successor in place at the time or some other method would likely be used to respond,” said Rep. Park Sun-won of the ruling Democratic Party, who serves as secretary of the Intelligence Committee.
North Korean leader Kim Jong-un, center, oversees a coordinated offensive tactical drill involving subunits of infantry and mobile artillery on March 19 at the Pyongyang Training Base No. 60 under the Capital City Defence Corps of the Korean People's Army, in this photo released by the Korean Central News Agency on March 20. [YONHAP]
“At this point, nothing has been revealed about who would participate in the command organization or what role it would play,” Said Rep. Lee Seong-kweun of the opposition People Power Party, who is also a secretary of the Intelligence Committee.
The NIS also refuted during the briefing the claim by Bang Yong-cheol, former vice chairman of Ssangbangwool, that he met a North Korean operative in the Philippines and delivered $700,000 on behalf of then-Gyeonggi Gov. Lee Jae Myung in exchange for arranging a visit to North Korea.
It revealed that it possesses classified materials supporting the claim that Ri Ho-nam, the North Korean operative, did not attend the International Convention for Peace and Prosperity in the Asia Pacific held in the Philippines in July 2019.
“[The NIS's] assessment of Ri Ho-nam’s movements was based not on speculation, but on corroborating and undisclosed materials,” Rep. Park said.
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
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