What If America Assassinated Kim Jong-un?

Nobody knows whether cooler heads in North Korea would prevail after Kim Jong-un's death.

When the first images of a sarin gas attack streamed into the White House Situation Room, President Donald Trump ordered his National Security Council to come back to him the next day with some concrete options. Defense Secretary James Mattis, National Security Adviser H.R. McMaster and Joint Chiefs of Staff Chairman Joseph Dunford did just that; after rounds of meetings with national-security principles, President Trump ordered the U.S. Navy to launch fifty-nine cruise missiles on an Assad regime airbase where the gas attack originated.

At the same time, the NSC was putting the final touches on a North Korea policy review that has been an ongoing project for months. Unlike the administration’s deliberations on the Syrian chemical weapons attack, President Trump is giving his national security advisers far more time and a wider degree of flexibility. Before the policy review began, the Wall Street Journal reported in March that Deputy National Security Adviser K.T. McFarland directed aides to include “ideas that one official described as well outside the mainstream.”

We now know just how unconventional some of these options are: they apparently include everything from reintroducing nuclear weapons to South Korea as a show of force and deterrence to assassinating Kim Jong-un and his top commanders. “We have 20 years of diplomacy and sanctions under our belt that has failed to stop the North Korean program,” a senior intelligence official involved with the review told NBC News. Read between the lines and it’s obvious what the overall message from the Trump administration is: North Korea is a problem that has been on Washington’s hot-plate for way too long, so it’s time to shake up the establishment and look for new alternatives.

There was a time when assassinating a foreign leader was an integral component of America’s national-security toolkit. During the Cold War, leaders who were either insufficiently supportive of U.S. policy goals or in bed with the Soviets were targets for removal. Cuba’s Fidel Castro, Congo’s Patrice Lumumba the Dominican Republic's Rafael Trujillo and Guatemala's Jacobo Árbenz were all on the CIA’s hit-list at one point in time, and Libya’s Muammar el-Qaddafi was a frequent target due to his sponsorship of international terrorism. In 1986, President Ronald Reagan authorized an air strike on Qaddafi’s compound in the hope that he would be in the building. After three months of interviews across the national-security bureaucracy, the New York Times Magazine concluded that “the assassination of Qaddafi was the primary goal of the Libyan bombing” in 1986.

The Cold War, however, has been over for twenty-five years. Killing foreign political officials, an option that was once always on the table, is now generally discouraged and frowned upon. In fact, It’s been U.S. policy since the Gerald Ford presidency to stay far away from anything that would suggest that the United States is a participant, involved in some way or complicit in an assassination attempt. President Ford’s executive order on this is quite clear: “No employee of the United States Government shall engage in, or conspire to engage in, political assassination.” President Reagan restated—and some would say expanded—that restriction in executive order 12333, which says that “[n]o person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.”

Pursuing a policy that would lead to the assassination of Kim Jong-un and the decapitating of the North Korean leadership would therefore be a big reversal from a U.S. policy that has persisted for forty-one years. Policies, of course, can change and presidential directives and executive orders can be modified or rewritten. And there is no statutory prohibition that would prohibit the president of the United States to order a hit on a foreign leader. Although 18 U.S. Code, Section 1116 could be used to prosecute a U.S. person who attempts to kill a foreign leader, this statute only applies if the crime is committed in the United States or the leader is targeted “in a country other than his own.” If President Trump were willing to amend current executive orders on the books, his administration would presumably target Kim Jong-un and not be penalized under the criminal code.

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