What is a President to do?

The North Korean Taepodong 2 rocket/missile has caused quite the international diplomatic stir this week with the United States, South Korea, Japan, and Australia urging the North Koreans not to test-fire the rocket. South Korean leaders have noted that the North Koreans have the right to test a missile or to launch a Sputnik-like "beeping" satellite.

The United States military is said to have activated its unproven and newly configured anti-ballastic missile system to attempt a take down of the Taepodong 2 from Fort Greely, Alaska. There are 9-missile inceptors said to be readied. Two U.S. missile-guilded destroyers are now off the coast of North Korea to provide tracking data for the ground-based anti-missile system. There is no relaible evidence of a WMD payload aboard the Taepodong 2. [NPR Radio analysis.]

What is a President to do should the missile arc downward toward U.S. territory?

International law generally enables the United States to gather intelligence, monitor the launch, track the rocket and satellite to space orbit; however, IF the Taepodong 2 were to arc back toward U.S. territory, U.S. rights under international law may change. The president may have the right to order the military to attempt to take down the Taepodong 2 with or without a confirmed WMD payload.

North Korea is NOT a signatory to any of the five major UN Space Treaties. The U.S. also withdrew from the Anti-Ballistic Missile Treaty (ABM) in 2002.