A/HRC/31/70 sovereignty and respect for the principle of universal jurisdiction. 7 The principle allows States to exercise jurisdiction and to determine how to proceed with an alleged perpetrator on the basis of its own national law, 8 while accepting that those who have committed international crimes may be prosecuted through international criminal bodies if national processes do not deliver justice.9 4. Republic of Korea 31. The Special Rapporteur notes that the Republic of Korea appears to be well positioned to move forward with criminal proceedings, even if not all aspects of crimes against humanity found by the commission of inquiry could be addressed. The Republic of Korea has been a State party to the Rome Statute of the International Criminal Court since 13 November 2002. Furthermore, human rights constitute a major issue in the legal system of the Republic of Korea; Specifically, respect for human rights is a paramount consideration in the Constitution,. The universality of human rights is expressed in various international instruments that have been ratified by the Republic of Korea; consequently, the legal system of the Republic of Korea is protects human rights, and the principle of human rights guides how the legal system operates. Both the Government of the Republic of Korea and accused parties can refer to human rights norms in the legal system. To conform to international human rights standards, and to be credible to all parties, these processes must uphold strict safeguards of the rights of the defendant, including the presumption of innocence. Such a legal system also ensures the dignity of the rights of victims, while ensuring accountability for human rights violations. 32. The most important aspect of such legal prosecutions is that they be complemented by a broader transitional justice approach. Legal prosecution may ensure formal justice in some cases, but a legal system alone may not to be able to cope with the number of perpetrators. Furthermore, it might not be desirable to address all violations through prosecution. The disclosure of the whole truth and other mechanisms through which the dignity of victims can be restored may be equally important for a society to be able to face its past and move towards sustainable peace. 5. Principle of universal jurisdiction 33. The principle of “universal jurisdiction” may also allow for the prosecution of the leadership of the Democratic People’s Republic of Korea in a third country. The principle establishes a territorial jurisdiction over persons for extraterritorial events where neither the victims nor alleged offenders are nationals of the forum State and no harm was allegedly caused to the forum State’s own national interests.10 This principle is based on the notion that “certain crimes are so harmful to international interests that States are entitled – and even obliged – to bring proceedings against the perpetrator, regardless of the location of the crime and the nationality of the perpetrator or the victim”. 11 This principle is a critical component for the prosecution of alleged perpetrators of crimes of international concern when the alleged perpetrator is not prosecuted in the territory where the crime was committed.12 Several international instruments, including the four Geneva Conventions of 7 8 9 10 11 12 8 Xavier Philippe, “The principles of universal jurisdiction and complementarity: how do the two principles intermesh?” International Review of the Red Cross, vol. 88, No. 862 (June 2006), p. 380. Ibid., p. 388. Ibid., p. 381. International Law Commission, “The obligation to extradite or prosecute” (see footnote 3), para. 18. Mary Robinson, forward to The Princeton Principles on Universal Jurisdiction (Princeton, New Jersey, Princeton University, 2001), p. 16. International Law Commission, “The obligation to extradite or prosecute” (see footnote 3), para. 18.