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(2nd LD) Seoul reviews whether N.K. dam discharge violated int'l law
By Lee Chi-dong and Tony Chang
SEOUL, Sept. 10 (Yonhap) -- South Korea said Thursday that it will soon decide whether to take legal action against North Korea for its unleashing of water from a dam that caused a deadly flood south of the border.
The sudden discharge of some 40 million tons of water caused a flash flood Sunday along a river running in South Korea's western region, sweeping away and killing six campers. South Korean Unification Minister Hyun In-taek said the North's action appears to have been deliberate, although it was still not clear whether it was a "water attack."  | | Data picture |
"The government is closely reviewing whether the discharge without prior notice violated international law, especially customary law," ministry spokesman Moon Tae-young said at a press briefing. "As soon as relevant ministries finish consultations (on the issue), we will let you know the results."
He said the government's stance could be decided as early as Friday.
The Koreas have no formal accord on controlling the floodgates. Seoul has asked for pre-notification at inter-Korean talks in recent years, but the two sides have yet to settle on technical procedures.
Experts could not immediately say on possible actions in what is an unprecedented case. Even if North Korea is judged to have violated international customary law, they said, there would be limited legal options.
The two Koreas are not bound by a related U.N. convention adopted in 1997. The International Convention on Non-navigational Uses of International Watercourses requires 35 signatories to go into effect, but only 17 nations have signed on so far.
"Theoretically, the government can demand that North Korea take responsibility for it (the water release). The government can demand compensation, an apology, and measures to prevent the recurrence (of such a case) through diplomatic channels," Paik Jin-hyun, professor of international law at Seoul National University, said.
He was doubtful, however, about the feasibility of bringing the matter to the International Court of Justice, which requires agreement from both sides involved in a dispute.
A South Korean foreign ministry official, requesting anonymity, said that a possible alternative is to take the issue to the U.N. General Assembly or send a letter to the U.N. secretary-general.
Political parties here, meanwhile, have stepped up their bipartisan criticism of Pyongyang.
"We can't contain our anger over North Korea's inhumane act," said Rep. Ahn Sang-soo, floor leader of the ruling Grand National Party. "North Korea should immediately apologize to the bereaved families."
Ahn's counterpart with the main opposition Democratic Party (DP) also urged the North to make a clear apology and promise steps to prevent a similar case from recurring.
The Korea Water Resources Corp., a state-funded body that is in charge of early warning for floods, said it dismissed five officials for not taking prompt preventive measures at the first sign of the flash flood.
lcd@yna.co.kr
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