МІЖНАРОДНО-ПРАВОВИЙ СТАТУС ДЕМІЛІТАРИЗОВАНОЇ ЗОНИ МІЖ ПІВНІЧНОЮ І ПІВДЕННОЮ КОРЕЄЮ (DMZ)

Abstract

The article considers the international legal status of the demilitarized zone (DMZ) between North Korea (Democratic People's Republic of Korea) and South Korea (Republic of Korea), its preconditions, and consequences. It was emphasized that the DMZ provides for the liquidation of military facilities and if that is not possible, a ban on their use for military purposes may be introduced at the stage of post-war relations between states or during the armistice. It is established that the creation of the demilitarized zone began in 1945 when two "allies" (the United States and the Soviet Union) shared control of the Korean Peninsula. It is emphasized that by 1948 the Soviet leadership had established a communist regime in the area north of the 38th parallel, and a US-backed military government had been formed in the south. The article notes that although the Korean War (1950-1953), aimed at resolving the question of "which regime represented the 'real' Korea," is still not over (North and South Korea are still formally at war, as the peace treaty after the de facto the end of the Korean War in 1953 was never signed), the conditional end of the conflict was the signing of the 1953 Armistice Agreement. The main content of the study is the analysis of the DMZ between North Korea and South Korea, the legal status of which is governed by the Armistice Agreement of 1953. The analysis of the agreement in the article is prohibited within the DMZ (Article 1, paragraph 6). The Military Ceasefire Commission and the Neutral Observation Commission, which were established under the 1953 Ceasefire Agreement, are mentioned. provided by this agreement, it is responsible for the implementation of a certain part. Discussion issues are being raised regarding the creation of the World Peace Park in the DMZ. The article examines the problems of the Joint Security Area (JSA), which is located in the border village of Panmunjom and is a meeting area for representatives of the North and South. It is noted that despite the presence of the DMZ and numerous attempts to establish relations between the two countries, there are still constant risks of escalation of the conflict between North Korea and South Korea, which causes constant tension for citizens of the Democratic People's Republic of Korea and the international community.