The UN Exerts More Pressure on North Korea and Its Rights Record

Michael Donald Kirby (Australia), Chairperson of the Commission of Inquiry on Human Rights in North Korea, speaks to journalists following a Security Council meeting. On the right is Marzuki Darusman (Indonesia) and left is Sonja Biserko (Serbia). 17 April 2014
Michael Kirby, center, the former Australian judge who led the United Nations team investigating human-rights conditions in North Korea, with other members: Marzuki Darusman of Indonesia and Sonja Biserko of Serbia, April 17, 2014.

The United Nations General Assembly’s human-rights committee denied Cuba’s attempt to stop efforts to send the North Korean leadership to trial in the International Criminal Court for alleged crimes against humanity. The abuses include starvation, forced labor, executions, torture, rape and infanticide — committed mostly in the country’s political prison camps.

Instead, the committee voted on Nov. 18 to pass a strong, albeit nonbinding, resolution condemning North Korea’s human-rights record and pressuring the UN Security Council to refer North Korea to the court, which is often called the ICC and is the world’s only permanent judicial institution to try atrocity crimes.

The next step is for the full General Assembly, or all 193 UN members, to vote on the resolution, scheduled for December. Since North Korea is not a member of the court, a case must be referred to it by the Security Council for the court to begin prosecution. Such action has occurred twice in the history of the ICC, involving cases in Darfur, Sudan, and in Libya.

If the resolution, which was introduced by Japan and the European Union, is approved in the full General Assembly, as many observers say could happen, the question of what to do about North Korea and its abysmal human-rights record, documented in a UN-commissioned report released last winter, will most likely move to the Security Council. There, it will undoubtedly test the notions of justice for China and Russia, two veto powers, as they (and the rest of the council) decide whether North Korea’s possible crimes merit the attention of the ICC.

The resolution was spurred by a commission of inquiry report led by Michael Kirby, a retired Australian judge, which said that crimes against humanity have been committed under policies “established at the highest level of the State for decades.” The resolution also calls for sanctions against individuals who seem to be most responsible for the crimes — including, perhaps, North Korea’s leader, Kim Jong-un.

“This will be an historic step, when it is taken,” Kirby said in an email from Sydney, Australia, to PassBlue, just before the human-rights committee voted. “Although the United Nations is sometimes disappointing, I have told everyone who will listen that, in respect of the Commission of Inquiry on North Korea, the United Nations has done everything that should have been done. It established a strong and independent commission. It appointed a capable, hard-working and independent secretariat. It supported an innovative methodology that embraced public hearings and engagement with the Internet and international media.”

Kirby added that the UN had also followed up with “strong and action oriented resolutions” in the Human Rights Council and will “hopefully” do so in the General Assembly.

“I am confident that, when the resolution gets to the Security Council, real progress will be made towards strong and principled action. Already, the Security Council has adopted a strong resolution on DPRK [Democratic People’s Republic of North Korea] and monitors various matters through an expert committee that it has appointed.”

The human-rights committee is not part of the UN’s Human Rights Council, which is based in Geneva and operates independently of the General Assembly, in New York. Yet these bodies’ respective work can overlap, as in the instance of dealing with North Korea’s standards on human rights.

Cuba’s attempt to hollow out the resolution passed today in the human-rights committee would have cut language endorsing the report and recommending a Security Council referral to the ICC. The amendment failed to be entirely persuasive even among Cuba’s tight allies in Eastern Europe, and the final resolution won over countries usually skeptical of the court, reflecting near universal concern over North Korea’s secretive, antagonistic government.

Cuba and powerful countries like China, Russia and South Africa contended the resolution singled out one country unnecessarily, yet it passed with a tally of 111 to 19 and 55 abstentions. China and Russia, longtime supporters of the North Korean government, were among the no votes.

But as Kirby pointed out in his email, 12 former members of the Eastern European bloc voted yes: Bosnia, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and Macedonia.

“This speaks volumes,” he said.

[This article was updated on Nov. 19, 2014.]

 

 

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Dulcie Leimbach

Dulcie Leimbach

Dulcie Leimbach is the founder of PassBlue. For PassBlue and other publications, she has reported from New York and overseas from West Africa (Burkina Faso, Mali and Senegal) as well as from Europe (Scotland, Sicily, Vienna, Budapest, Kyiv, Armenia and The Hague). She has provided commentary on the UN for BBC World Radio and Background Briefing with Ian Masters/KPFK Radio in Los Angeles.

Previously, she was an editor for the Coalition for the UN Convention Against Corruption; from 2008 to 2011, she was the publications director of the United Nations Association of the USA. She has also worked as an editorial consultant to various UN agencies. Before UNA, Leimbach was an editor at The New York Times for more than 20 years, editing and writing for most sections of the paper, including the Magazine, Book Review and Op-Ed. She began her reporting career in small-town papers in San Diego, Calif., and Colorado, graduating to the Rocky Mountain News in Denver before she worked in New York at Esquire magazine and Adweek. In between, she was a Wall Street foreign-exchange dealer. Leimbach has been a fellow at Yaddo, the artists' colony in Saratoga Springs, N.Y.; taught news reporting at Hofstra University; and was a guest lecturer at the Columbia University Graduate School of Journalism. She graduated from the University of Colorado and has an M.F.A. in writing from Warren Wilson College in North Carolina.

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