North Korea Revises Constitution to Define Territory, Drop Unification Clause

 

North Korea has revised its constitution to reflect the “two states” line advanced by State Affairs Commission Chairman Kim Jong Un, adding a new territorial clause that defines only the North as its territory and deleting provisions on national reunification. The revision also defines the commission chairman as “head of state” and, for the first time, specifies authority over the use of nuclear weapons.
 
According to the text of the revised constitution disclosed at a briefing for reporters covering the Unification Ministry on Tuesday, the territorial clause was added as Kim declared in late 2023 that inter-Korean relations had become those of “two hostile states,” and as he signaled in January 2024.
 
Article 2, newly added alongside Article 1 on the country’s name, states that the territory includes land bordering China and the Russian Federation to the north and South Korea to the south, as well as territorial waters and airspace set on that basis.
 
Terms and concepts tied to ethnic kinship and reunification, including “the northern half,” “national reunification” and “the complete victory of socialism,” were removed from the preamble and main text of the previous constitution revised in September 2023.
 
While the “two states” approach is broadly reflected, the revised text does not declare South Korea a “hostile state,” contrary to Kim’s earlier remarks.
 
At the Supreme People’s Assembly in January 2024, Kim said it would be right to write into the relevant article that education and indoctrination should be strengthened so South Korea is regarded “thoroughly as the No. 1 hostile state” and an “unchanging principal enemy.”

The revision is also seen as strengthening the commission chairman’s authority and status. In the ordering of state institutions, the commission chairman appears first and is defined as “head of state.” It is the first time the chairman has been placed ahead of the Supreme People’s Assembly in the constitution.
 
The constitution also, for the first time, spells out the chairman’s exclusive command authority over nuclear forces and adds a clause providing a basis for delegation.

Yang Moo-jin, a professor at the University of North Korean Studies, said the changes make clear a separation line by stating that the southern half of the Korean Peninsula is South Korean territory and the northern half is the territory of the Democratic People’s Republic of Korea. He said there is no international legislative precedent for defining another country as a hostile state, and that North Korea appeared to have considered the possibility of international isolation if it codified South Korea as such.