A/HRC/22/57 that since the national authorities are “unable or unwilling to press for such accountability”,30 the international community could press for further accountability, whether in terms of State responsibility and/or individual criminal responsibility. In 2011, the Special Rapporteur reported, “the International Criminal Court began to examine whether the sinking of Cheonan, a Republic of Korea warship hit by a torpedo allegedly fired from a Democratic People‟s Republic of Korea submarine on 26 March 2010, resulting in the death of 46 persons, and the shelling of Yeonpyeong Island on the 23 November 2010, resulting in the killing of two civilians and injuring many others, would constitute war crimes under the jurisdiction of the court. The Court‟s consideration of the two incidents opens questions of accountability for other alleged crimes committed by the Democratic People‟s Republic of Korea, including the issue of abduction”.31 24. Of the options available to address the issue of impunity and accountability, the Special Rapporteur asked in 2010 “to what extent the International Criminal Court can be accessed for this purpose, on the basis of individual criminal responsibility and interrelated with the fact that the country in question is not a party to the Rome Statute of the International Criminal Court”.32 In 2010, the Special Rapporteur noted that the options also included “the possibility of the Security Council taking up the issue directly and of establishing a Commission of Inquiry on crimes against humanity”.33 He also invited the international community “to address impunity from different viewpoints, whether in terms of State responsibility and/or criminal responsibility, and to enable the totality of the United Nations system, especially the Security Council, and its affiliates, such as the International Criminal Court, to take measures to prevent egregious violations, protect people from victimization and provide effective redress”.34 25. The Special Rapporteur is of the view that many, if not all, of the nine patterns of violation, identified in this report may amount to crimes against humanity, committed as part of systematic and/or widespread attacks against civilian populations, under Article 7, paragraph 1, of the Rome Statute of the International Criminal Court, in particular, subparagraphs (a) murder; (c) enslavement; (e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) torture; (h) persecution against any identifiable group or collectivity on political and religious grounds; (i) enforced disappearance of persons; and (k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 26. The right to be free from torture is a non-derogable right under article 7 of the International Covenant on Civil and Political Rights (ICCPR), to which the Democratic People‟s Republic of Korea is a State party. 27. Similarly, peremptory international law places, enforced disappearance on the same legal footing as torture. The Special Rapporteur notes that as enforced disappearance may constitute several different human rights violations such as freedom of movement; liberty and security of person; freedom from torture or cruel, inhuman, or degrading treatment; or even the right to life, the act contravenes several provisions of the ICCPR. He also notes that enforced disappearances, including through the abduction of foreign nationals such as 30 31 32 33 34 10 A/HRC/13/47, para. 58. A/HRC/16/58, para. 14. See also the International Criminal Court‟s Report on Preliminary Examination Activities, 2012, paras. 64-74 (http://www.icc-cpi.int/NR/rdonlyres/C433C462-7C4E4358-8A72-8D99FD00E8CD/285209/OTP2012ReportonPreliminaryExaminations22Nov2012.pdf). A/HRC/13/47, para. 59. A/HRC/13/47, para. 58. A/HRC/13/47, para. 89 (e).