CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
genuine identification and other Japanese
government-issued documents to JRA
members. (Trial Transcript, Dec. 2, 2009,
p. 128, ln. 17–25) North Korea had expertise in adapting photo substitution and
name changes for such documents, and
was able to produce high-quality forgeries.
(Trial Transcript, Dec. 2, 2009, p. 129, ln.
8–19)
There were other significant benefits
flowing to the JRA in having North Korea
as a state sponsor of its terrorist activities.
Because North Korea is a state, it has
‘‘natural cover and capacity to operate.’’
(Trial Transcript, Dec. 2, 2009, p. 124, ln.
8–9) For example, Prof. Gunaratna testified that there was a JRA member who
was operating in Thailand with the CGIB,
regarding whom he stated ‘‘[t]hey [CGIB]
were bringing in counterfeit U.S. dollars
from North Korea, and they were putting
that money back to the U.S. dollar system
in Thailand. And the Japanese Red Army
member was traveling inside a North Korean diplomatic vehicle, so the Japanese
Red Army used the diplomatic pouches,
the diplomatic immunities, and the diplomatic privileges of North Korea.’’ (Trial
Transcript, Dec. 2, 2009, p. 124, ln. 5–19)
The history of the JRA, as traced from
its creation until its demise, clearly demonstrates that North Korea’s state sponsorship was crucial for the JRA’s survival.
Indeed, a desire for a patron state is common to all terrorist organizations. The
United States State Department noted in
an official publication that ‘‘[w]ithout state
sponsors, terrorist groups would have
much more difficulty obtaining the funds,
weapons, materials, and secure areas they
require to plan and conduct operations.’’ 18
(Exhibit No. 8, ¶ 37) As such, North Kore18. State Sponsors of Terrorism Overview,
Country Reports on Terrorism, Office of the
Coordinator for Counter Terrorism, Department of State, Washington, D.C., April 30,
2007
455
an state sponsorship of both the JRA and
PFLP enabled both these terrorist groups
to forge a partnership and facilitated their
perpetration of terror attacks worldwide.19
Prof. Gunaratna also testified at trial
that North Korean direct and indirect
sponsorship of the JRA and its provisions
of material support was paramount for the
JRA’s survival, sustenance and operation
globally. (Exhibit No. 8, ¶ 38) North Korea not only sponsored the JRA directly,
but also sponsored the JRA’s operational
partner PFLP as well. (Id.) Thus, all of
the terrorist operations carried out by the
JRA alone, and jointly with PFLP, during
the period of North Korean sponsorship,
including the Lod Airport Attack, are attributable to North Korea’s leadership and
intelligence services. (Id.) In fact, North
Korean leader Kim Il–Sung envisioned using the JRA as North Korea’s proxy well
into the future—to keep the revolution
continuing beyond the first generation.
To this end, Kim Il–Sung instructed the
JRA members living in North Korea to
take Japanese wives so that their Japanese
children could form the next generation of
JRA fighters. (Trial Transcript, Dec. 2,
2009, p. 134, ln. 17–19) The CGIB even
worked with the JRA to lure Japanese
women living in Europe to North Korea
for the purpose of having these children,
and its efforts were successful to a certain
extent; roughly 17 of those children have
in fact returned to live in Japan, presumably to continue the struggle. (Trial Transcript, Dec. 2, 2009, p. 134, ln. 13–25)
Prof. Gunaratna highlighted another important issue at trial—namely that the
JRA selection of Lod Airport as a target
reflected the JRA’s primary goal of shock19. Eric Pace, ‘‘Lebanon is said to have set up
Liaison Unit with Commandos’’ The New York
Times, September 23, 1972 and Peter Grose,
‘‘Terrorists: Four Minutes of Horror at the
Airport,’’ June 4, 1972.