North Koreaʼs constitution includes a mechanism for an automatic nuclear strike if Kim Jong Un dies

Changes to North Koreaʼs constitution further strengthened Kim Jong Unʼs leadership and enshrined a nuclear strike mechanism if its leader were incapacitated by a hostile attack. The amendments were passed in March.

This is reported by Korea JoongAng Dail, citing data that South Korean intelligence presented to the countryʼs parliament.

The basic law now clearly defines the conditions and authority for the use of nuclear weapons for the first time. Article 89 states that the command of the republicʼs nuclear forces belongs to the Chairman of the State Council (i.e. Kim Jong Un) and he can delegate the authority to use nuclear weapons to the Command of the DPRKʼs Nuclear Forces.

The latter provision is seen as a formal enshrining of the procedure for nuclear retaliation even if the leader of the state becomes incapacitated. According to the Nuclear Policy Law, the nuclear force command consists of members appointed by Kim Jong Un.

They are also required to assist the leader “throughout the entire process from making decisions on nuclear weapons to their execution”. It also states that “if the nuclear force command system is threatened by attacks by enemy forces […], a nuclear strike must be carried out automatically and immediately”.

The new version of the constitution adds grounds to enforce these provisions. It effectively allows the head of the nuclear command, appointed by Kim, to decide on nuclear retaliation or counterstrikes based on a delegation of authority.

These constitutional changes are likely a response to US actions this year. On January 3, the US forces detained and deported Venezuelan President Nicolas Maduro. And on February 28, Israel, with US support, assassinated Iranʼs Supreme Leader Ayatollah Ali Khamenei and about 40 key military officials.

• Also in recent constitutional changes, North Korea formally defined its borders as those of South Korea for the first time, removing all references to a possible unification of the two states.

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