A/HRC/43/58 the Korean peninsula, and a swift resolution of the armistice status, would create the atmosphere and space needed for further discussions on denuclearization, less isolation, more access and greater respect for human rights. In fact, the Declaration on the Rights of Peoples to Peace66 states in its preamble that the General Assembly is “Convinced that life without war serves as the primary international prerequisite for the material well-being, development and progress of countries, and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations”. In paragraph 4, the General Assembly also “Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of appropriate measures at both the national and the international level”. The Special Rapporteur is therefore of the view that a peace declaration should not be put on hold pending the completion of denuclearization. 46. The Special Rapporteur also met with members of Women Cross DMZ. In 2015, 30 women from 15 countries crossed the demilitarized zone, demonstrating their commitment to peacemaking. This unprecedented movement engaged with women inside the Democratic People’s Republic of Korea, and has now converged with other groups into a global coalition of women’s peace organizations calling for an end to the Korean War, to sign a peace agreement, and to include women in peace processes.67 The Special Rapporteur calls upon concerned Governments to hear the message from this movement. VI. Accountability 47. The Human Rights Council continues to explore possible options for accountability for human rights violations in the Democratic People’s Republic of Korea. OHCHR, as mandated by the Human Rights Council, collects and analyses victim and witness accounts and consolidates information from different stakeholders. Civil society organizations have also continued to gather information about human rights abuses. The Special Rapporteur supports such efforts to preserve information for future peace and justice processes. 48. The Special Rapporteur is also of the view that the time has come to develop and test concrete avenues for accountability and justice for human rights violations in the Democratic People’s Republic of Korea. Victims of human rights violations cannot wait for the parties to agree on peace and denuclearization. The lack of accountability also means lack of deterrence for ongoing and future abuses. In other country situations, there have been efforts to address violations in the inter-State venue of the International Court of Justice and through creative legal channels at the International Criminal Court and domestic courts under the principle of universal jurisdiction.68 Those and other experiences should inform efforts to seek justice for violations in the Democratic People’s Republic of Korea. 49. Six years ago, the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea presented its report to the Human Rights Council. In that report, it stated that it had found reasonable grounds to conclude that “crimes against humanity have been committed in the Democratic People’s Republic of Korea, pursuant to policies established at the highest level of the State”, and 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”. 69 The inaction by the Security Council with regard to referring the case to the International Criminal Court, as recommended by the Commission of Inquiry, should not paralyse all other initiatives and mechanisms aimed at ensuring that justice is done. 66 67 68 69 16 General Assembly resolution 39/11 of 12 November 1984. The campaign is called “Korea Peace Now! Women Mobilizing to End the War”. This refers to the case of Myanmar. A/HRC/25/63, paras. 75–76.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents