Culture of impunity in North Korea
Muhammad Muzahidul Islam :
Reports and inquiries suggest that people of North Korea have been the victims of gross human rights abuses on various grounds.
When the perpetrators were the parts of the regime the judiciary of North Korea failed to show its independence and hold the perpetrators accountable. And it has been continuing.
Consequently, a culture of impunity has been established or developed in North Korea.
What can the international community do to close the mouth of impunity? What measures could be considered to hold the perpetrators accountable?
People of North Korea have gone through the human rights abuses under the former and the current regime.
And this truth was revealed by report of the Commission of Inquiry (COI) that was established by the UN Human Rights Council in 2013. Kim Jong Un has been leading the current regime since 2011.
The COI delivered its report in 2014.
In order to support the truth of gross human rights violations in North Korea I would share the relevant paragraphs from this report.
Paragraph 75 provides that “according to that standard, the commission finds that the body of testimony and other information it received establishes that crimes against humanity have been committed in the Democratic People’s Republic of Korea, pursuant to policies established at the highest level of the State”.
Paragraph 76 of the said report further provides that “these crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation.
The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place”.
According to the Human Rights Watch (World Report 2023, North Korea) “the Democratic People’s Republic of Korea (DPRK, North Korea) remains one of the most repressive countries in the world”.
It is apparent from the report of COI that the crimes against humanity have been committed in North Korea. It is one of the four crimes — the crime of genocide, crimes against humanity, war crimes, and the crime of aggression, over which the International Criminal Court (ICC) has jurisdiction under article 5 of the Rome Statute.
The fact that North Korea is neither a party to the Rome statute nor has it accepted the jurisdiction of the ICC. And owing to these facts the ICC does not have jurisdiction directly on the crimes committed in the territory of North Korea.
Article 13 of the Rome statute provides that “the Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if: … (b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations”.
UN Security Council has the power to establish an ad hoc international tribunal, as was done with former Yugoslavia and Rwanda. And this establishment requires the relevant UN Security Council resolution.
In addition, UN Security Council is mandated to impose the targeted sanctions against the perpetrators. Article 41 of UN Charter provides that “the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations”. And it requires the relevant UN Security Council resolution.
UN General Assembly can serve to set up a tribunal (Tribunal for Cambodia was established earlier). However, unlike the UN Security Council measures, this is possible only when the relevant State agrees to such establishment.
One could further advocate the “pillar three” of the concept “Responsibility to Protect (R2P)” to stop the persecution in North Korea. It is also relevant to mention here the situation in Bangladesh/ Myanmar.
By a decision dated 14 November 2019, the ICC Judges granted the Office of the Prosecutor request to start the investigation into crimes within the Court’s jurisdiction in which at least one element occurred on the territory of the People’s Republic of Bangladesh – a State Party to the Rome Statute.
In a real scenario, there is a discussion or conversation between two friends on the matter mentioned above. And a bystander, who is informed of the veto power of the five permanent members of UN Security Council, and of the current geopolitical trends, is also present there to hear the conversation.
How would the bystander react hearing the conversation? I guess, he would not foresee any genuine and effective solution in near future.
However, the rights-respecting people of the globe are in the hope and expectation that the leaders of the international community would come forward to intervene the persecution that is going on in North Korea holding the perpetrators accountable and closing the mouth of impunity.
(The writer is a Barrister-at-Law, Human Rights Activist and an Advocate at the Supreme Court of Bangladesh).
