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Washington Post - http://www.washingtonpost.com

 A question arises as to when nations exceed their legal authority and become pirates.

 To view the entire article, go to 
http://www.washingtonpost.com/wp-dyn/articles/A40649-2002Dec11.html

 U.S. Releases Missile Shipment to Yemen

 By Ahmed Al-HajSAN'A, Yemen ––  The U.S. Navy released the shipment of 
North Korean-made Scud missiles it seized, sending the vessel and its cargo on their 
way Wednesday to the original destination of Yemen.<P>White House spokesman Ari 
Fleischer said the United States had authority to stop and search the vessel, but not 
to seize it.<P>"There is no clear authority to seize the shipment," Fleischer told a 
news conference in Washington. "The merchant vessel is being released."<P>Yemeni 
Foreign Ministry officials, speaking on condition of anonymity, told The Associated 
Press the decision followed high-level contact between Yemen and the United 
States.<P>The official Saba news agency said the United States had assured Yemen that 
the shipment would be released as long as the Yemen-North Korea deal was concluded on 
legal basis.<P>Vice President Dick Cheney told Yemeni President Ali Abdullah Saleh 
that President Bush ordered the shipment to be returned, Saba reported. Fleischer said 
Cheney and Secretary of State Colin Powell had talked with Yemeni authorities.<P>The 
Spanish navy had stopped the ship Monday off the Arabian peninsula, and U.S. 
authorities boarded it on Tuesday. The action came after intelligence officials 
watched the ship for weeks as part of an interdiction operation in the U.S.-led war on 
terrorism.<P>Spanish Defense Minister Federico Trillo said Wednesday the unflagged 
vessel was carrying 15 Scud missiles hidden in a cargo of cement.<P>"We became aware 
of the departure of the ship from North Korea that was carrying what we believe to be 
weapons of concern," Fleischer said. "This was a non-flagged vessel, which gave us 
further concern. And the vessel was destined for Yemen.<P>"We had a concern about what 
was on it. We had a concern before ascertaining, indeed, that it was going to Yemen, 
that it may have been heading for a nation that is a potential terrorist nation.<P>"As 
a result, the action that was taken, where the ship was stopped and boarded," 
Fleischer continued. "We have looked at this
rnational law prohibiting Yemen from accepting delivery of missiles from North 
Korea."<P>The Bush administration in August imposed sanctions on the North Korean 
company Changgwang Sinyong Corp. for selling Scud missile parts to Yemen. At that 
time, U.S. authorities asked Yemen why it bought the parts; San'a apologized and 
promised not to do so again, two defense officials said Wednesday in 
Washington.<P>Under the U.S. sanctions, Changgwang Sinyong Corp. will be barred for 
two years from obtaining new individual export licenses through the Commerce or State 
departments for any controlled items. The sanctions have little practical effect, one 
official said, because there is so little commerce between the United States and North 
Korea.<P>Before the ship was freed, Yemeni Foreign Minister Abu Bakr al-Kerbi summoned 
U.S. Ambassador Edmund J. Hull to tell him the arms shipment was a "property of the 
Yemeni government and its armed forces and demanded that the United States should hand 
the shipment over to Yemen," Saba reported.<P>"The weapons contained in the shipment 
were to be used for defensive purposes as Yemen has no aggressive intentions toward 
any country, and owning such weapons would not harm the international peace and 
security," Saba quoted the official protest handed to Hull.<P>Yemeni officials had 
refused further details about the deal, including from what threat the Scud missiles 
were designed as a defense.<P>The Saba agency said the memo given to Hull claimed the 
shipment was part of a long-standing deal with North Korea. A senior Yemeni official, 
speaking on condition of anonymity, told The Associated Press on Wednesday that the 
Americans knew of the deal.<P>Trillo, Spain's Defense Minister, said the U.S. Navy had 
been planning to take the ship to Diego Garcia island, a British island leased to the 
United States as a military base.<P>Spain's role in the shipment's seizure earned the 
country a Yemeni protest memorandum as well in which San'a said the Spanish navy 
"didn't serve (to improve) relations betw
 was silent Wednesday about the interception of the ship, but said it had the right to 
develop weapons to defend itself.<P>"It is necessary to heighten vigilance against the 
U.S. strategy for world supremacy and 'anti-terrorism war,'" the North's official 
newspaper, Rodong Sinmun, said in an editorial.<P>"All the countries are called upon 
to build self-reliant military power by their own efforts," the newspaper said. It was 
unclear whether the editorial was a response to the interception, as North Korea 
usually takes several days or longer to respond to international events.<P>The United 
States has stepped up its military presence in the region after the October 2000 
attack on the USS Cole in the Yemeni port of Aden. The attack, blamed on Osama bin 
Laden's al-Qaida network, killed 17 U.S. sailors killed.<P>Yemen, bin Laden's 
ancestral homeland, is a hotbed for al-Qaida and other Muslim extremist militants who 
take refuge in the country's tribal strongholds. Its president has taken a number of 
anti-terrorism steps since the Sept. 11 attacks, including placing Islamic schools 
accused of teaching hate under government control.

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