by Ashley Deeks, Professor of Law and Senior Fellow, Center for National Security Law, at the University of Virginia School of Law
Last week, North Korea’s Foreign Minister claimed that President Trump had “declared a war” on his country. He apparently reached that conclusion based on President Trump’s tweet stating that North Korea “won’t be around much longer” if the Foreign Minister’s U.N. speech accurately represented the thoughts of Kim Jong Un. In response to this alleged U.S. declaration of war, the Foreign Minister threatened that North Korea would shoot down U.S. aircraft flying off the North Korean coast, even if the aircraft were in international airspace.
Is North Korea correct that President Trump declared war? And if so, what follows as a legal matter?