Seoul likely to back ICC trial of NK leader

By Whan-woo Yi

South Korea is likely to join the United Nation (U.N.)’s anticipated move to try North Korean leader Kim Jong-un over human right abuses in an international court.

A foreign ministry official Friday confirmed the government’s position of supporting a punitive action against Pyongyang’s violation of human rights “as long as it is based on the U.N. Committee of Inquiry (COI) report this year.”

The COI report recommends the U.N. Security Council (UNSC) to refer the situation in the dictatorial regime to the International Criminal Court (ICC) for action in accordance with that court’s jurisdiction. It also asks the UNSC to take sanctions against “those who appear to be most responsible for crimes against humanity.”

“The UNSC could make a little change on a draft resolution circulating Thursday, but I don’t think it will be much different from the final version,” said Yoo Ho-yeol, a North Korean studies professor at Korea University,

A draft circulating Thursday showed the European Union (EU) is asking the U.N. members to drum up support for the prosecution of the North Korean leaders, including Kim, at the ICC for committing crimes against humanity.

The draft also showed both the EU and Japan are requesting the U.N. to press for war crimes prosecutions in North Korea following a report for its brutality.

The U.N. is expected to take a vote at its General Assembly in late November to decide whether to accept a final resolution.

“We can infer that South Korea is likely to support the resolutions in November,” Yoo said.

Another expert echoed a similar view.

“Considering the government has criticized Pyongyang for committing crimes on human rights, it is likely to support the resolution,” said Paik Hak-soon, the director of the Center for North Korean Studies at the Sejong Institute.

The foreign ministry initially said Thursday “it is premature to talk about how the U.N. will come up with a final draft. On Friday, however, it said it will support the U.N. resolution in November if the “range of actions against Pyongyang is stays within what was stated at the COI report.”

The ICC can only investigate crimes in its member states. But if the UNSC gives the ICC jurisdiction, it can pursue crimes in non-state parties as in the cases of Libya in 2011 and Sudan 2015.

The draft resolution is circulating amid Pyongyang’s diplomatic efforts avoid international pressure over its human rights issues.

And the communist regime will not likely to break away from its talks with South Korea to mend strained inter-Korean ties even if Seoul supports the U.N. resolutions in November, according to Yoo.

A surprise visit by North Korean leader Kim Jong-un’s three close confidants ― Hwang Pyong-so, Choe Ryong-hae and Kim Yang-gon ― was made to South Korea on Oct. 4 raised hopes for a thaw in inter-Korean relations.

“Pyongyang should accept Seoul will inevitably accept such resolution as a part of the international community.” Yoo said.

Paik disagreed, saying “Seoul and Pyongyag may have to start from scratch again to build their relations.”