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Interception force will be legal: Downer

July 15 2003

A proposed maritime force which would stop weapons of mass destruction being transported by sea would operate within the framework of international law, Foreign Minister Alexander Downer said today.

Australia is one of 11 nations considering launching an international operation to stop countries such as North Korea from importing and exporting illicit weapons.

Mr Downer said at this stage it did not appear international law would have to be changed or strengthened to allow the operation to go ahead.

"Certainly so far that hasn't been the conclusion of the group of 11 countries which have been looking at this, because they do think that there is quite a strong legal foundation already in place to be able to interdict ships carrying nuclear weapons or nuclear weapons components," Mr Downer told ABC Radio National.

"The carrying of those weapons is in breach of the nuclear non-proliferation treaty obligations of the countries involved."

Mr Downer said more work needed to be done to convince China, which borders North Korea, to support the international maritime operation.

"I think that more work has to be done explaining what the particular proposal is here to China," Mr Downer said.

"I don't for a minute think China would want to see North Korea have the capacity to enhance the proliferation that it's already been undertaking."

Mr Downer said he was hopeful Japan and Germany would participate in the international force, but the two countries might be prevented by their constitutions from being actively involved.

"It would be very difficult to define within the confines of their constitutions how those countries could be directly involved," he said.




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