CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
and captured terrorists, reviews of documents, periodicals, credible news reports,
government publications, and scholarly
works, as well as from his own discussions
with colleagues, observations and experiences living in the Middle East. (Exhibit
Nos. 5 and 6)
Prof. Rubin, in his affidavit testimony,
explained that at the time leading up to
the Lod Airport Attack and thereafter,
North Korea was a communist revolutionary regime whose goal was to help create
additional communist states which would
in turn provide North Korea with strategic
and economic support. North Korea
sought to accomplish these goals by fostering political unrest and instability in noncommunist nations by supporting domestic
groups that were striving to overthrow
their governments violently. Accordingly,
North Korea consistently demonstrated
three qualities in particular which qualified
it as an active state sponsor of terrorism:
(i) its extremist militancy (as compared to
other communist nations at that time such
as the Soviet Union and People’s Republic
of China); (ii) its relative recklessness, as
measured by its systematic willingness to
shun international law and norms of behavior; and (iii) its desire to carve out an
independent role for itself in promoting
revolution and developing clients in the
Middle East. (Exhibit No. 3, p. 6, ¶ 17)
North Korea’s main aspirations were to (a)
help create additional communist states
which would provide it with strategic and
economic support, (b) discredit the United
States (primarily by showing that the
United States was ostensibly unable to
protect its allies), and (c) destroy countries
friendly to the United States. (Id. at ¶ 18)
The defendants determined that actively
supporting terrorist groups to act as their
proxies was an effective means of achieving these goals, and specifically that ‘‘Israel fell into that [the above] category both
as a direct target and as a symbolic target.’’ (Id.)
447
During the early 1970’s, North Korea
waged a battle against its South Korean
rival for diplomatic and trade relations
with the Arabic-speaking states. The ability to strike against Israel would, North
Korean policymakers believed, greatly increase North Korea’s popularity and attractiveness as an ally within the Arab
world. (Exhibit No. 3, p. 6, ¶ 19) Prof.
Rubin explained in his affidavit testimony
that North Korea was ‘‘willing to work
with those who no one else would work
with, to provide weapons for those who no
one else would provide weapons for; and
that not only applied to countries, it even
applied to terrorist groups.’’ (Trial Transcript, Dec. 2, 2009, p. 55, ln. 9–15)
One of North Korea’s key interests at
that time was to be a global revolutionary
player, and, as Prof. Rubin set forth in his
affidavit testimony, North Korea believed
that goal would be facilitated by North
Korea establishing an effective terrorist
network. As Prof. Rubin explained:
‘‘At the time of which we’re speaking,
the 1970’s, was a high point in the history of international terrorism. To be a
revolutionary player, you had to have
terrorist assets. And North Korea was
in a weak position because it was a
smaller and weaker state than the Soviet Union and China. So for them to get
terrorist assets, they could not go, so to
speak, with the A-team, the first league.
They had to find groups that others
were not willing to sponsor, and then
use them to project North Korean power by carrying out spectacular terrorist
acts which would show the world that
North Korea was important, was revolutionary, it was worth courting, and also
supported Arab causes, particularly in
the Palestinian cause. So there was a
perfect fit between the three groups.
Each of them needed the others, and
each of them—the alliance for each of
them lacked alternatives other than an