North Korea: UN Commission documents wide-ranging and ongoing crimes against humanity, urges referral to ICC
GENEVA (17 February 2014) – A wide array of crimes against humanity, arising from “policies established at the highest
level of State,” have been committed and continue to take place in the Democratic People’s Republic of Korea, according
to a UN report released Monday, which also calls for urgent action by the international community to address the human
rights situation in the country, including referral to the International Criminal Court.
In a 400-page set of linked reports and supporting documents, based on first-hand testimony from victims and witnesses,
the UN Commission of Inquiry on human rights in the DPRK has documented in great detail the “unspeakable atrocities”
committed in the country.
“The gravity, scale and nature of these violations reveal a State that does not have any parallel in the contemporary
world,” the Commission -- established by the Human Rights Council in March 2013 -- says in a report that is
unprecedented in scope.
“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
report says, adding 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.”
The second more detailed section of the report cites evidence provided by individual victims and witnesses, including
the harrowing treatment meted out to political prisoners, some of whom said they would catch snakes and mice to feed
malnourished babies. Others told of watching family members being murdered in prison camps, and of defenceless inmates
being used for martial arts practice.
“The fact that the Democratic People’s Republic of Korea…has for decades pursued policies involving crimes that shock
the conscience of humanity raises questions about the inadequacy of the response of the international community,” the
report stated. “The international community must accept its responsibility to protect the people of the Democratic
People’s Republic of Korea from crimes against humanity, because the Government of the DPRK has manifestly failed to do
so.”
The Commission found that the DPRK “displays many attributes of a totalitarian State.”
“There is an almost complete denial of the right to freedom of thought, conscience and religion, as well as of the
rights to freedom of opinion, expression, information and association,” the report says, adding that propaganda is used
by the State to manufacture absolute obedience to the Supreme Leader and to incite nationalistic hatred towards some
other States and their nationals.
State surveillance permeates private lives and virtually no expression critical of the political system goes undetected
– or unpunished.
“The key to the political system is the vast political and security apparatus that strategically uses surveillance,
coercion, fear and punishment to preclude the expression of any dissent. Public executions and enforced disappearance to
political prison camps serve as the ultimate means to terrorise the population into submission,” the report states.
“The unspeakable atrocities that are being committed against inmates of the kwanliso political prison camps resemble the horrors of camps that totalitarian States established during the twentieth century.
The institutions and officials involved are not held accountable. Impunity reigns.”
It is estimated that between 80,000 and 120,000 political prisoners are currently detained in four large political
prison camps, where deliberate starvation has been used as a means of control and punishment. Gross violations are also
being committed in the ordinary prison system, according to the Commission’s findings.
The report noted that the DPRK consists of a rigidly stratified society with entrenched patterns of discrimination.
Discrimination is rooted in the songbun system, which classifies people on the basis of State-assigned social class and birth, and also includes consideration
of political opinions and religion, and determines where they live, work, study and even whom they may marry.
Violations of the freedom of movement and residence are also heavily driven by discrimination based on songbun. Those considered politically loyal to the leadership can live and work in favourable locations, such as Pyongyang.
Others are relegated to a lower status. For example, the distribution of food has prioritised those deemed useful to the
survival of the current political system at the expense of others who are “expendable.”
“Confiscation and dispossession of food from those in need, and the provision of food to other groups, follow this
logic,” the report notes, adding that “the State has consistently failed in its obligation to use the maximum of its
available resources to feed those who are hungry.”
Military spending – predominantly on hardware and the development of weapons systems and the nuclear programme – has
always been prioritised, even during periods of mass starvation, the report says. The State also maintains a system of
inefficient economic production and discriminatory resource allocation that inevitably produces more avoidable
starvation among its citizens.
Violations of the rights to food and to freedom of movement have resulted in women and girls becoming vulnerable to
trafficking and forced sex work outside the DPRK. Many take the risk of fleeing, mainly to China, despite the high
chance that they will be apprehended and forcibly repatriated, then subjected to persecution, torture, prolonged
arbitrary detention and, in some cases sexual violence. “Repatriated women who are pregnant are regularly subjected to
forced abortions, and babies born to repatriated women are often killed,” the report states.
The Commission urged all States to respect the principle of non-refoulement (i.e. not to forcibly return refugees to their home country) and to adopt a victim-centric and human rights-based
approach to trafficking, including by providing victims with the right to stay in the country and access to legal
protection and basic services.
“Crimes against humanity have been, and are being, committed against starving populations. These crimes are sourced in
decisions and policies violating the universal human right to food. They were taken for purposes of sustaining the
present political system, in full awareness that they would exacerbate starvation and contribute to related deaths.”
The Commission also found that, since 1950, the “State’s violence has been externalized through State-sponsored
abductions and enforced disappearances of people from other nations. These international enforced disappearances are
unique in their intensity, scale and nature.”
While the Government did not respond to the Commission’s requests for access to DPRK and for information, the Commission
obtained first-hand testimony through public hearings with about 80 witnesses in Seoul, Tokyo, London and Washington
D.C., and more than 240 confidential interviews with victims and other witnesses, including in Bangkok. Eighty formal
submissions were also received from different entities.
The report includes a letter sent by the Commissioners to the Supreme Leader, Kim Jong-un, containing a summary of their
most serious findings, in particular the fact that “in many instances” the systematic, widespread and gross human rights
violations “entail crimes against humanity,” and drawing attention to the principles of command and superior
responsibility under international criminal law according to which military commanders and civilian superiors can incur
personal criminal responsibility for failing to prevent and repress crimes against humanity committed by persons under
their effective control.
In the letter to Kim Jong-un, the Commissioners stated that it would recommend referral of the situation in the DPRK to
the International Criminal Court “to render accountable all those, including possibly yourself, who may be responsible
for the crimes against humanity referred to in this letter and in the Commission’s report.”
Among wide-ranging recommendations to the DPRK, to China and other States, and to the international community, the
Commission calls on the Security Council to adopt targeted sanctions against those who appear to be most responsible for
crimes against humanity, stressing that sanctions should not be targeted against the population or the economy as a
whole.
ENDS