A/HRC/28/71 abduction and enforced disappearance constitute ongoing violations, the International Criminal Court is competent to prosecute the perpetrators. 80. The Special Rapporteur remains convinced that the Security Council should refer the situation in the Democratic People’s Republic of Korea to the International Criminal Court, as recommended by the commission of inquiry and subsequently encouraged by the General Assembly.28 In that eventuality, the evidence and documentation gathered by the commission of inquiry on abductions and enforced disappearances, and the future investigations of the field-based structure of the Office of the United Nations High Commissioner for Human Rights, will be of great relevance and value to the prosecutor’s work. 81. The General Assembly also encouraged the Security Council, as recommended by the commission of inquiry, to consider the scope for effective targeted sanctions against those who appear to be most responsible for acts that the commission deemed to constitute crimes against humanity. The Special Rapporteur welcomes the steps some Member States have begun to take on a bilateral basis in this direction. 82. In this context, the Special Rapporteur recalls the principle of command and superior responsibility under international criminal law, whereby military commanders and civil superiors can incur personal criminal responsibility for failing to prevent and repress crimes against humanity committed by persons under their effective control. 83. Furthermore, the Special Rapporteur calls on Member States to exercise universal jurisdiction in the event that any relevant individuals fall under their jurisdiction, and, in accordance with their national legal provisions, to investigate and prosecute the perpetrators in cases of abduction and enforced disappearance. 84. Finally, should the two Koreas reunite one day, the importance of justice and accountability for the cases of abduction and enforced disappearance should not be overlooked in the peace and reconciliation process that would ensue. Any transitional justice process should seek the truth and ensure accountability and redress for the victims. In this regard, the evidence and documentation gathered by the commission of inquiry and the field-based structure will again prove most pertinent. IV. Conclusion and recommendations 85. The commission of inquiry on the situation of human rights in the Democratic People’s Republic of Korea brought the focus on the human rights situation in the country to an unprecedented new level. It triggered a welcome, though temporary, engagement by the Government of the Democratic People’s Republic of Korea with the international community. It is highly regrettable that the Government subsequently decided to suspend such dialogue. This posture of isolation is no longer sustainable. 86. In this context, the Special Rapporteur reiterates that a two-track strategy should be pursued when addressing the human rights situation in the Democratic People’s Republic of Korea: undertaking efforts to ensure accountability for those responsible for serious human rights violations, while continuously seeking engagement with the authorities to bring relief to the people of the Democratic People’s Republic of Korea. 28 See A/HRC/25/63, para. 94 (a), and General Assembly resolution 69/188, para. 8. 17