North Korea Recommended for ICC

With the recent release of a 400-page Commission of Inquiry on North Korea report detailing the heinous human rights violations under the Kim dynasty, calls for the International Criminal Court (ICC) to act have been growing.  Although the severity and pervasiveness of human rights violations in North Korea are paralleled only by those committed at the hands of the Nazis regime, the findings of the Commission are far from unexpected. 

That said, the ICC has no role at this time in dealing with North Korean as the perpetrators of these crimes cannot be brought to justice.  In fact, involving the ICC may well complicate any future efforts to effectively deal with the Kim Jon Un government due to technical issues that will incentivize the regime to tighten its grip when threatened.  It is important to recognize the North Korean government’s is abusive, because it is trying to cater to its interests, i.e. stay in power at all costs, thus it must perceive its interests are better served by respecting human rights before it will.

 Although UN officials desperately want to stop the inhuman treatment of the North Korean People, relying on international law and a court lacking any ability to enforce itself own proclamation only serves to validate the importance of international institutions like the UN and ICC in the eyes of those who support them.  For those who do not, which certainly includes the highly isolated North Korean government, threats to “prosecute” individuals for war crimes are received as a silly little joke perpetrated by politicians.  Dealing with North Korea requires real action by the International Community, not empty, meaningless threats.