TWTW Note

CWA # 2109
TWTW Note
North Korea's Constitutional Amendment 2026:
The End of Korean Reunification, the Declaration of New Borders, and the Control of Nuclear Command

Aishal Hab Yousuf
17 May 2026
Photo Source:

What happened?
On 06 May, North Korea announced a constitutional amendment that redefines its territorial boundaries vis-à-vis South Korea.

The revised article now states that “The territory of the Democratic People’s Republic of Korea includes the land bordering the People’s Republic of China and the Russian Federation to the north and the Republic of Korea to the south, as well as the territorial waters and airspace established on the basis thereof.”

The amendment also emphasizes that North Korea “will never tolerate any infringement” of its territory and nuclear development is necessary “to safeguard the country’s survival and development rights, deter war, and protect regional and global peace and stability.”

What is the background?
1. From Korean reunification to “two hostile states”
For over 70 years, both North and South Korea have formally claimed sovereignty over the entire Korean Peninsula. This ambition sought to keep alive the constitutional aspirations of eventual reunification. Historically, even during times of hostility, Pyongyang has not shied away from using the language of “national reunification," making it an intrinsic part of its ideological identity. However, a shift in this position is observed from the later part of 2023, when Kim Jong Un stated in a public address that inter-Korean relations were no longer between compatriots but between two hostile states. This reflected Pyongyang’s growing perception that reunification was no longer a realistic or useful objective amid the regional tensions. The constitutional revision formally completes this agenda.

This is a significant shift from the legacy of Kim Il Sung and Kim Jong Il, both of whom had woven the idea of reunification into state ideology and as a central national objective. Under Kim Jong Un, greater emphasis appears to be placed on regime security, military deterrence, and the consolidation of North Korea as a distinct and separate state.

2. Tensions since 2023 and South Korea as the “principal enemy”
Relations between the two Korean states have been steadily deteriorating. Following the 2019 Hanoi summit between President Kim Jong Un and Donald Trump and its failure, North Korea accelerated missile tests and military modernization of its military while adopting a more confrontational posture towards South Korea and the United States. Pyongyang viewed the expanding security cooperation between South Korea, the United States, and Japan as a direct threat to its regime's security and strategic interests. In 2024, Kim Jong Un publicly ordered constitutional changes to designate South Korea as the "principal enemy," marking another shift. Therefore, the constitutional revision of 2026 seems to continue the ongoing political and strategic transformation in inter-Korean relations.

3. The nuclear dimension
The amendment formally codifies Kim Jong Un’s direct authority over the country’s nuclear forces by explicitly stating that the power relating to nuclear weapons rests with the Chairman of the State Affairs Commission, that is, Kim Jong Un himself. It also characterizes North Korea as a “responsible nuclear weapons state" committed to the continued development of nuclear capabilities for both regime survival and deterrence. By embedding this amendment within the constitution, Pyongyang seeks to institutionalize nuclear deterrence not merely as a military strategy but as a central pillar of state legitimacy and national security.

What does it mean?
First, the amendment has effectively ended the unification of North and South Korea. Even though any pragmatic prospects for reunification were unlikely, it is Pyongyang’s legal acknowledgment that the division of the Korean Peninsula is permanent.

Second, the amendment strengthens the case for military confrontation. By defining the boundary with South Korea as a separate state, Pyongyang has created a framework for treating all forms of border disputes as interstate conflicts rather than internal national disputes. This increases the risk of legal justification for aggressive military posturing. The risk is two-fold: calibrated provocation and coercive brinkmanship.

Third, the nuclear command is now inseparable from Kim Jong Un's authority. It is a message that Pyongyang wants no ambiguity about who is in control of the launch authority. Within North Korea, it cements Kim Jong Un’s image as indispensable to national survival.

REFERENCES:

“North Korea Revises Constitution to Drop References to Korean Peninsula Unification,” Reuters, 6 May 2026.
https://www.reuters.com/world/china/north-korea-revises-constitution-drop-references-unification-korean-peninsula-2026-05-06/

“North Korea’s Parliament Amends Constitution to Entrench Nuclear Policy,” Reuters, 28 September 2023.
https://www.reuters.com/world/asia-pacific/north-korea-amends-constitution-entrench-nuclear-policy-2023-09-28/

“Kim Jong Un Calls South Korea North’s Primary Foe’,” BBC News, 16 January 2024.
https://www.bbc.com/news/world-asia-67982139

“North Korea Declares South Korea ‘Principal Enemy’ in Major Policy Shift,” Al Jazeera, 16 January 2024.
https://www.aljazeera.com/news/2024/1/16/north-korea-declares-south-korea-principal-enemy

Choe, Sang-Hun. “North Korea Abandons Long-Held Goal of Reunification,” The New York Times, 17 January 2024.
https://www.nytimes.com/2024/01/17/world/asia/north-korea-south-korea-kim-jong-un.html

Rauhala, Emily. “Kim Jong Un’s Constitutional Shift Signals Harder Line on Seoul,” The Washington Post, 18 January 2024. https://www.washingtonpost.com/world/2024/01/18/north-korea-south-korea-kim/

“North Korea Removes Reunification Language in Constitutional Revision,” South China Morning Post, 7 May 2026. https://www.scmp.com/news/asia/east-asia

Choe, Sang-Hun. “North Korea Expands Nuclear Doctrine and Tightens Kim’s Control,” The New York Times, 28 September 2023. https://www.nytimes.com/2023/09/28/world/asia/north-korea-nuclear-law.html

“North Korea Labels South Korea Separate Hostile State,” Reuters, 16 January 2024. https://www.reuters.com/world/asia-pacific/north-korea-south-korea-hostile-state-2024-01-16/

“Why North Korea Is Rewriting Its Constitution,” BBC News, 7 May 2026. https://www.bbc.com/news/world-asia

About the author

Aishal Hab Yousuf is a postgraduate student at the Department of International Studies, Stella Maris College, Chennai. She is currently an intern at the National Institute of Advanced Studies (NIAS), Bengaluru.


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