Today, on International Justice Day, we reflect on the importance of our mission to pursue meaningful justice with victims and accountability for perpetrators in the Democratic People’s Republic of Korea.
We are publishing our submission to the United Nations Special Rapporteur on the situation of human rights in the DPRK that was based on our experiences engaging with accountability mechanisms, both internationally and in domestic jurisdictions around the world.
As a Member State of the United Nations since 1991, the DPRK has committed to the promotion and protection of human rights as enshrined in the United Nations Charter and the Universal Declaration of Human Rights. These rights have been expressed in multiple international treaties. The DPRK is a State Party to five of these treaties.
To the extent that domestic and international laws are upheld in the DPRK, its institutions are functionally incapable of providing effective justice to victims and accountability for perpetrators. In turn, survivors and families of victims must look outside the DPRK for remedy and redress.
Between 2020 and 2022, Korea Future undertook an extensive national, regional, and international mapping to establish viable means to support accountability for human rights violations committed in the DPRK. We partnered with Justice Rapid Response; the Kalshoven-Gieskes Forum on International Humanitarian Law in the Grotius Centre for International Legal Studies of Leiden University; the Amsterdam Law Clinics of the University of Amsterdam; and the International Human Rights Advocates of the University of Pennsylvania Law School for this work.
A list of viable options was established that possessed realistic and time-bound prospects to enable accountability for perpetrators and justice for victims. These options were also noted for being able to establish a track-record to support future accountability and justice initiatives, and could proceed without the need for cooperation from the DPRK:
Cases brought under the principle of universal jurisdiction.
Criminal cases.
Civil cases.
Submissions to United Nations Charter-based and Treaty-based bodies.
Submissions to targeted human rights sanctions regimes.
Based on Korea Future’s methods of work, its geographical proximity to key jurisdictions and institutions, and the legal expertise of its staff, the organisation pursues two of these viable means for securing accountability:
Targeted human rights sanctions.
Engagement with the United Nations human rights system, including treaty bodies, special procedures, and other mechanisms.
Targeted human rights sanctions offer strong prospects for enforceability and can build consensus among like-minded states. Charter- and treaty-based bodies in the United Nations offer the complementary prospect of raising broader political awareness, building coalitions, and supporting immediate bilateral or multilateral interventions. Together, they are complementary accountability systems in both normative and political senses.
As we observe International Justice Day, we call upon the global community to support North Korean survivors. These individuals face unparalleled barriers in accessing their right to remedy and reparation, often living with the enduring trauma of torture, sexual violence, and other severe human rights violations without any recourse to justice. Their plight demands our collective action and commitment to ensuring they receive the justice and support they so urgently need.
