A/HRC/22/57
the citizens of the Republic of Korea and Japan by the agents of the Democratic People‟s
Republic of Korea, may amount to crimes against humanity under Article 7, paragraphs (1)
(i) and (2) (i) of the Rome Statute to the extent that they form part of a systematic or
widespread attack against a civilian population. In this regard, it is worth emphasizing that
enforced disappearances (whether they amount to crimes against humanity or not)
constitute continuous acts that are ongoing as long as the fate of the victim is not clarified
and on this ground already not affected by prescription.
28.
The Special Rapporteur is of the opinion that grave human rights violations in the
prison camps (or) even the mere existence of such camps, with slave-like conditions for
political prisoners, may qualify as crimes against humanity under Article 7, paragraph 1, of
the Rome Statute, subparagraphs (c) enslavement, and (e) imprisonment or other severe
deprivation of physical liberty in violation of fundamental rules of international law. He
also notes that the particularly inhumane conditions and treatment to which detainees in
political prison camps are exposed on an intentional basis could give raise to crimes against
humanity, including on the basis of all of the specific acts cited in paragraph 25 above.
29.
On 3 April 2012, the International Coalition to Stop Crimes Against Humanity in
North Korea (ICNK),35 a coalition of some 40 international non-governmental
organizations, submitted a petition36 to the special-procedures mandate holders of the
Human Rights Council on the use of labour camps for political prisoners and the pattern of
human rights violation committed in these prison camps. These were detailed extensively
in a memorandum “The situation of detainees in Gulag System (Kwan-li-so) of the
Democratic People‟s Republic of Korea”. The Coalition recommended, inter alia, that the
international community take effective measures to ameliorate the suffering of those
150,000 to 200,000 people imprisoned in those camps; and that the United Nations, acting
through the General Assembly or Human Rights Council, initiate a commission of inquiry
into the crimes against humanity being committed in the Democratic People‟s Republic of
Korea for the purpose of holding the State and individual perpetrators to account for the
ongoing commission of these crimes. Based on that petition, on 3 October 2012, five
mandate holders, namely the Special Rapporteur on the situation of human rights in the
Democratic People‟s Republic of Korea; the Special Rapporteur on extrajudicial, summary
or arbitrary executions; the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment; the Working Group on Arbitrary Detention; and the
Working Group on Enforced and Involuntary Disappearances sent a joint allegation letter to
the Government of the Democratic People‟s Republic of Korea on the alleged use of labour
camps for political prisoners. At the time of writing, the mandate holders have not received
any response from the Government.
30.
The Special Rapporteur is of the view that, in line with its commitment at the 2005
World Summit, the international community, through the United Nations, has the
responsibility to use appropriate peaceful means to help to protect the population in the
Democratic People‟s Republic of Korea from crimes against humanity. 37 As one of the
minimum steps, and in line with the emerging practice with regard to other country
situations where serious violations are being committed on a systematic or widespread
basis, he considers that the international community has the responsibility to launch an
independent and impartial international inquiry into a situation, where there are grounds to
believe that crimes against humanity are being committed and the country concerned fails
to carry out effective independent and impartial inquiries itself. While usually not
sufficient in and by itself to end crimes against humanity, increased scrutiny by
35
36
37
See http://www.stopnkcrimes.org/about_01.php.
See http://www.fidh.org/The-International-Coalition-to
General Assembly resolution 60/1, para. 139.
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