Originally published on the CGS blog on October 30, 2014.
For the first time, a broad coalition of nations is pushing to refer North Korea, or the Democratic People’s Republic of Korea (DPRK), to the International Criminal Court (ICC) for prosecution.
This development follows a series of efforts that began six months ago with a commission of inquiry report documenting the rampant human rights abuses in DPRK.
Several entities, including Citizens for Global Solutions and the Global Centre for the Responsibility to Protect, have called on the Security Council to refer DPRK to the ICC. Last week, Japan and the European Union distributed a draft resolution among UN member states asking for the same, to which 43 countries now have signed on in support.
This may signify progress on a previously stagnant situation: despite widespread awareness of and outrage at mass atrocities committed in DPRK—including torture, starvation, forced labor, execution without trial, rape, forced abortion, and infanticide—the government has remained indifferent to efforts from the international community to effect change, with Pyongyang threatening to walk out of nuclear negotiations if the issue was raised.
However, DPRK now appears alarmed by the prospect of leader Kim Jong Un and minions being brought before the Court. North Korean diplomats and propagandists are actively engaging critics, apparently sensitive to the possibility of international pressure leading to the country’s top officials being charged with crimes against humanity.
It must be noted that DRPK still has not accepted any of the Commission of Inquiry’s findings. DPRK counselor Kim Song described the commission as “a political conspiracy by the United States and hostile forces.”
Additionally, DPRK’s chief ally China, which as one of five permanent members of the council holds veto power, is not likely to cooperate with an ICC referral.
On the other hand, Beijing currently is seeking to improve its international standing. If momentum continues to build and diplomatic pressure reaches the Security Council in the next few months, it may influence China to do the right thing.
Let us hope that this is what happens. A united effort is necessary to intervene successfully in DPRK and bring an end to the atrocities.
As Special Rapporteur on the situation of human rights Marzuki Darusman writes,
The international community must seize this unique opportunity and momentum created by the commission of inquiry to help to make a difference in the lives of the people of [North] Korea, including victims, and to ensure accountability of those responsible for serious violations of human rights, including crimes against humanity.
