A/HRC/22/57
15.
In 2010, the Special Rapporteur stressed that “the international crime that would
seem to be most closely related to the happenings in the country in question is “crimes
against humanity”.15 He noted, “it is clear from six years of observing the human rights
situation in the Democratic People‟s Republic of Korea that the abuses against the general
population for which the authorities should be responsible are both egregious and
endemic”.16
16.
In 2012, the Special Rapporteur stressed that “under certain circumstances,
widespread or systematic imprisonment or other severe deprivation of liberty in violation of
international law may constitute crimes against humanity”.17
IV. Impunity and non-cooperation with the United Nations
17.
For almost a decade, the General Assembly, the Secretary-General, the former
Commission on Human Rights, the Human Rights Council, the Special Rapporteur and the
human rights treaty bodies have consistently and repeatedly called on the authorities of the
Democratic People‟s Republic of Korea to put an end to these violations and respect the
human rights of all its citizens. In 2009, the Secretary-General noted that the Government
of the Democratic People‟s Republic of Korea had not taken “significant steps to address
persistent reports of systematic and widespread human rights violations or to provide
safeguards for human rights”. 18
18.
The need for accountability has been reiterated and advanced by resolutions adopted
by the United Nations, particularly those by the General Assembly. Since 2009, the General
Assembly has strongly urged “the Government to address the issue of impunity and ensure
that those responsible for violations of human rights are brought to justice before an
independent judiciary”.19
19.
Concerns about impunity have been exacerbated by intermittent cooperation of the
Government of the Democratic People‟s Republic of Korea with the United Nations human
rights machinery. A notable example is that, on 23 August 1997, the Government of the
Democratic People‟s Republic of Korea sent the Secretary-General a notification of
withdrawal from the International Covenant on Civil and Political Rights, which the
country acceded to on 14 September 1981.20 On 23 September 1997, in an aide-mémoire to
the Government of the Democratic People's Republic of Korea, the Secretary-General
stated his opinion that a withdrawal from the Covenant would not appear possible unless all
States Parties to the Covenant agree with such a withdrawal. 21 On 8 December 1997, the
Human Rights Committee adopted the General Comment No. 26 on Continuity of
Obligations under the International Covenant on Civil and Political Rights. The Committee
is firmly of the view that international law does not permit a State which has ratified or
acceded or succeeded to the Covenant to denounce or withdraw from it. 22 Eventually, on 25
15
16
17
18
19
20
21
22
8
A/HRC/13/47, para. 60.
A/HRC/13/47, para. 8.
A/67/370, para. 38.
A/64/319, para. 4.
General Assembly resolutions 63/190, 64/175 and 66/174
United Nations Treaty Collection. See
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV4&chapter=4&lang=en#8
The notification of withdrawal and the aide-mémoire were duly circulated to all States Parties under
cover of C.N.467.1997.TREATIES-10 of 12 November 1997.
CCPR/C/21/Rev.1/Add.8/Rev.1: CCPR General Comment No. 26: Continuity of Obligations adopted
at the Sixty-first Session of the Human Rights Committee, on 8 December 1997
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