지금 뉴욕에서 열리고 있는 유엔 안보리가 핵실험을 한 북한에 대해서 어떤 결의를 할 것인지가 주목된다. 미국은 유엔안보리가 유엔헌장 7조를 발동시켜야 한다고 주장할 모양이다. 7조는 '침략행위, 평화파괴, 평화에의 위협에 대한 행동'을 규정하고 있다. 유엔이 6.25 때의 북한, 이라크 등 평화위협국에 대한 武力제재를 할 때는 이 조항을 발동한다.

7조 41항은 武力사용 이외의 방법으로서 당사국에 대한 단교, 철도 해상 항공 교통단절, 경제관계 단절을 결정하여 회원국들에게 요구할 수 있도록 하고 있다. 북한에 대한 武力제재를 결정하긴 어렵겠지만 41항 정도의 경제 및 해상-육로-항로봉쇄는 가능할 것이다.이 정도의 봉쇄에도 군사력의 뒷받침이 따라야 한다. 즉 동해나 서해에 미국이 항공모함 전단을 갖다놓고 해야 實效를 거둘 수 있다. 이렇게 되면 북한군도 대응행동을 취해 고의적이거나 우발적인 武力충돌도 일어날 수 있다.

북한의 駐유엔대사 박길연은 오늘 기자들에게 '북한의 핵실험에 대해서 안보리가 축하해야 한다'면서 '핵실험은 이 지역의 평화와 안전을 보장할 것이다'고 말했다. 존 볼튼 미국대사는 안보리가 潘基文 외교부 장관을 유엔 사무총장으로 뽑은 것과 북한의 핵실험을 비교하면서 '남한의 성공과 북한의 비극'이라고 말했다. 김정일은 이번에도 핵실험으로 노렸던 것을 얻지 못할 것이다. 2001년 9.11테러가 세상을 바꾼 것을 모르는 그는 독단적인 결정으로써 잇단 실수를 거듭해왔으나 아무도 이것이 실수였다고 말하지 못한다. 독재체제의 비극은 독재자의 실수를 견제할 장치도 수정할 장치도 없다는 점이다. 이것이 독재자의 딜레머이다.


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CHAPTER VII
ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION



Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.


Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.


Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.



Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.


Article 43
All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.


Article 44
When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.


Article 45
In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.


Article 46
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.


Article 47
There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.

The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.


Article 48
The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.


Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.


Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.


Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence 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. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.


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