UNSC asked to tackle North Korea human rights

U.N. High Commissioner for Human Rights Michelle Bachelet speaks during a press conference at the European headquarters of the United Nations in Geneva, Dec. 5, 2018. / AP-Yonhap

By Yi Whan-woo

The United Nations' human rights watchdog has asked the U.N. Security Council (UNSC) to refer people responsible for human rights violations in North Korea to the International Criminal Court (ICC) in The Hague, the Netherlands.

This is not the first time that the Office of the United Nations High Commissioner for Human Rights (OHCHR), along with General Assembly and other U.N. bodies, have brought up the issue of ICC referral, apparently targeting North Korean leader Kim Jong-un.

But the OHCHR's step this year drew attention as it came after U.S. President Donald Trump suffered a blow for defending Kim in the case of an American college student who died after being released from jail in the North.

During their summit in Hanoi last week, Trump said he took Kim's word that he did not know what happened to Otto Warmbier, who was believed to have been tortured while in North Korean custody and died after falling into a coma following his return home.

Trump took back his words and held Kim responsible for Warmbier's death, after being heavily criticized by the Warmbier family, U.S. lawmakers and media.

"The OHCHR continues to recommend that the Security Council refer the situation in the Democratic People's Republic of Korea to the International Criminal Court or that an ad hoc international tribunal be established," the OHCHR said in a report released March 7, titled "Promoting Accountability in the Democratic People's Republic of Korea."

The report was released during the 40th session of the Human Rights Council, which runs from Feb. 25 to March 22.

The OHCHR said the ICC referral was needed "to make full use of the information and evidence being collected by the OHCHR and to ensure that those most responsible for gross human rights violations that may amount to crimes against humanity are held to account."

Based on the Council's resolution 34/24, the OHCHR made seven recommendations to North Korea.

These are: Acknowledging the existence of serious issues human rights violations; giving access to the country, including to all detention facilities, to international humanitarian organizations and human rights monitors; granting OHCHR access to the country, including to conduct interviews and documentation activities; initiating reform of criminal justice legislation and rule of law institutions; ensuring that victims of crimes against humanity and their families are provided with adequate, prompt and effective reparation and remedies; holding to account all perpetrators of international crimes in national courts through fair and impartial trials; and ratifying the Rome Statute of the International Criminal Court.

For U.N. member states the OHCHR urged the investigation and prosecution of persons suspected of committing international crimes and to consider means by which further relevant information under Human Rights Council resolution 34/24 could be appropriately conveyed to the OHCHR. It also asked them to take further steps to ensure accountability for those responsible for serious human rights violations in the North at the regional and international levels.