The Two Koreas: The Armistice and the Boundary

Jurist Legal News & Research, 2009

2 Pages Posted: 26 Feb 2014 Last revised: 25 Feb 2016

Date Written: June 1, 2009


The North Koreans issued a statement carried by its official news agency, KCNA, that they “no longer feel bound by the armistice” that ended the fighting in the Korean War of 1950-53. Many media commentators have leaped to the conclusion that the North Korean statement means that the North and South are still at war.

It is technically true that the 38th Parallel that forms the line between the two states was artificially created back in 1950 and, in the absence of any peace treaty, may appear to be something less than an actual boundary between two sovereign states. But international law, I suggest, has a very different take on this issue.

Keywords: Korea, North Korea, South Korea, Korean War, Korean War of 1950-53, 38th Parallel, International Law

Suggested Citation

D'Amato, Anthony, The Two Koreas: The Armistice and the Boundary (June 1, 2009). Jurist Legal News & Research, 2009. Available at SSRN:

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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