Trump's top general tells US Army to prepare to fight North Korea

[Care4all]

he better follow the constitution and go through congress....there is no war resolution he can use....in north korea, is there? I mean, the iraq resolution IS STILL being used for any and everything in the middle east but north korea???

I think technically, we are still at war with North Korea.

The Korean War armistice

Is the Armistice a declaration of war by congress?

 

[Mr Natural]

And just how are we going to pay for this latest military escapade?

 

[Missourian]

he better follow the constitution and go through congress....there is no war resolution he can use....in north korea, is there? I mean, the iraq resolution IS STILL being used for any and everything in the middle east but north korea???

I think technically, we are still at war with North Korea.

The Korean War armistice

Is the Armistice a declaration of war by congress?

The Armistice is nothing more than a cease fire agreement. My understanding is either side could, in theory, claim the other in violation of the truce and hostilities could resume immediately under the original war declaration.

Don't take this as gospel...this is just my understanding.

 

[JimBowie1958]

The Armistice is nothing more than a cease fire agreement. My understanding is either side could, in theory, claim the other in violation of the truce and hostilities could resume immediately under the original war declaration.

Don't take this as gospel...this is just my understanding.

You are correct.

Korean Armistice Agreement - Wikipedia

The signed armistice established a “complete cessation of all hostilities in Korea by all armed force”[2] that was to be enforced by the commanders of both sides. Essentially a complete cease-fire was put into force. The armistice is however only a cease-fire between military forces, rather than an agreement between governments.[28] No peace treaty was signed which means that the Korean War has not officially ended....

In September 1956 the U.S. Chairman of the Joint Chiefs of Staff Admiral Radford indicated that the U.S. military intention was to introduce atomic weapons into Korea, which was agreed to by the U.S. National Security Council and President Eisenhower.[32] However paragraph 13(d) prevented the introduction of nuclear weapons and missiles.[33] The U.S. unilaterally abrogated paragraph 13(d), breaking the Armistice Agreement, despite concerns by United Nations allies.[34][35][36] At a meeting of the Military Armistice Commission on June 21, 1957, the U.S. informed the North Korean representatives that the United Nations Command no longer considered itself bound by paragraph 13(d) of the armistice.[37][38] In January 1958 nuclear armed Honest John missiles and 280mm atomic cannons were deployed to South Korea,[39]followed within a year by atomic demolition munitions[40] and nuclear armed Matador cruise missiles with the range to reach China and the Soviet Union.[35][41]

The U.S. believed that North Korea had introduced new weapons contrary to 13(d), but did not make specific allegations.[42] North Korea also believed the U.S. had introduced new weapons earlier, citing Neutral Nations Supervisory Commission inspection team reports for August 1953 to April 1954....

North Korea has announced that it will no longer abide by the armistice at least 6 times, in the years 1994, 1996, 2003, 2006, 2009, and 2013.[47][48]

On April 28, 1994, North Korea announced that it would cease participating in the Military Armistice Commission, but would continue contact at Panmunjom through liaison officers and maintain the general conditions of the armistice. North Korea stated it regarded the U.S. deployment of Patriot missiles in South Korea as terminating the armistice.[49][50]

In January 2002 U.S. President George W. Bush labeled North Korea in his first State of the Union Address as part of an Axis of Evil.[51] In October 2006 North Korea conducted its first nuclear weapons test. On May 27, 2009, North Korea announced it no longer felt bound by the armistice agreement.[52] There were two isolated violent incidents in 2010, the ROKS Cheonan sinking (attributed to North Korea, despite denials) and the North Korean Bombardment of Yeonpyeong.

In 2010, the U.S. position regarding a peace treaty was that this can only be negotiated when North Korea "takes irreversible steps toward denuclearization".[53]

In 2013 North Korea argued the armistice was meant to be a transitional measure. It argued that North Korea had made a number of proposals for replacing the armistice with a peace treaty, but the U.S. had not responded in a serious way. It further argued the Military Armistice Commission and Neutral Nations Supervisory Commission had long been effectively dismantled, paralysing the supervisory functions of the armistice. North Korea believes the annual U.S. and South Korean exercises Key Resolve and Foal Eagle are provocative and threaten North Korea with nuclear weapons.[54] JoongAng Ilbo reported the U.S. vessels equipped with nuclear weapons were participating in the exercise,[55] and The Pentagon publicly announced that B-52 bombers flown over South Korea were reaffirming the U.S. "nuclear umbrella" for South Korea.[56]

In March 2013, North Korea announced that it was scrapping all non-aggression pacts with South Korea, along with other escalations such as closing the border and closing the direct phone line between the two Koreas.[57] North Korea stated it had the right to make a preemptive nuclear attack.[57] A United Nations spokesman stated the armistice agreement had been adopted by the U.N. General Assembly, and could not be unilaterally dissolved by either North Korea or South Korea.[58] On March 28, 2013, the U.S. sent two B-2 Spirit stealth bombers to South Korea to participate in ongoing military exercises in the region, including the dropping of inert munitions on a South Korean bomb range. This was the first B-2 non stop, round-trip mission to Korea from the United States.[59] Following this mission, North Korean state media announced that it was readying rockets to be on standby to attack U.S. targets.[60] In May 2013, North Korea offered to enter into negotiations for a peace treaty to replace the armistice agreement.[61][62][63]

In August 2016, North Korea installed anti-personnel mines to prevent potential defectors of its front-line border guards around the "Bridge of No Return,” situated in the Joint Security Area (JSA).[64] The UN Command has protested this move as it violates the Armistice agreement which specifically prohibits armed guards and anti-personnel mines.[64]

In 2016, when North Korea proposed formal peace talks, the U.S. adjusted its position from a pre-condition that North Korea had taken "irreversible steps toward denuclearization", to the negotiations including curbing the nuclear program. The discussions did not take place. State Department spokesman said "[North Korea] periodically raise the idea and it never really gets far".
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The Armistice stopped the killing but it is only honored defacto and has been repeatedly violated by both sides.