ABSTRACT

Scant attention in the legal literature has focused on the anomalous fact that the Korean War has never ended and that implications in international law follow. This chapter attempts to fill this void and demonstrate how international humanitarian law (IHL) applies to North Korea’s continued hostilities and defiance on the Korean Peninsula and around the world. By analyzing the Korean Armistice Agreement, armistice law, and a few of the inter-Korean agreements over the last several decades, this chapter will explain how the Korean War continues.