A/HRC/31/70
reflection on how to approach unification and accountability in a way that promotes longterm stability and strengthens the rule of law. Experiences from other States that have
undergone a process of transition show that reflection and discussion on possible
accountability mechanisms and processes should start at an early stage, and include longterm strategies.
23.
For the above reasons, crimes against humanity require prosecution at the national or
international levels. As the term implies, crimes against humanity are a concern for all of
humanity. Consequently, ensuring accountability for such crimes is an international as
much as a Korean challenge and requires the international community to play a role. At the
same time, mechanisms, such as truth commissions, reparations and memorialization may
complement these processes and provide a durable and practical way of ensuring that as
much truth as possible is revealed.
24.
A failure to address serious and systemic violations this has the potential to
undermine the legitimacy and credibility of the system, and may therefore become a
destabilizing factor. In addition, such a failure deprives victims of the justice and
guarantees of non-repetition to which they are entitled. Persistent human rights issues, such
as systematic discrimination and unequal distribution of wealth and services, must also be
addressed. Furthermore, the justice and security sectors would require reform to meet
international human rights standards, including through vetting. Without such reforms,
prosecution would have little effect in the long term. The question should never be whether
to pursue accountability, but rather when and how. 1 Efforts to ensure accountability must
take into consideration the risk of a rapid deterioration in the humanitarian situation in the
Democratic People’s Republic of Korea. In this respect, greater support for humanitarian
organizations and other entities that operate in the country is required to mitigate that risk
and to enhance their capacity to foresee emergencies.
2.
Responsibility to prosecute
25.
With regard to accountability, the Special Rapporteur stresses that the finding by the
commission of inquiry that crimes against humanity have been and are being committed in
the Democratic People’s Republic of Korea demands that the international community
prosecute those responsible for such crimes, in particular those most responsible for their
authorization, ordering and perpetration. In this regard, the Special Rapporteur highlights
the preamble of the Rome Statute of the International Criminal Court, which states that “it
is the duty of every State to exercise its criminal jurisdiction over those responsible for
international crimes”. Furthermore, in the Declaration of the high-level meeting of the
General Assembly on the rule of law at the national and international levels, the Heads of
State and Government and heads of delegation attending the meeting on 24 September 2012
committed to ensuring that impunity is not tolerated for crimes against humanity and gross
violations of human rights law, and that such violations are properly investigated and
appropriately sanctioned, including by bringing the perpetrators of any crimes to justice,
through national mechanisms or, where appropriate, regional or international mechanisms,
in accordance with international law.2
26.
By imposing an obligation to extradite or prosecute, various conventions obligate
States to cooperate in combating impunity. 3 An obligation to extradite or prosecute for,
1
2
3
6
Guidance note of the Secretary-General on the United Nations approach to transitional justice, 2010,
p. 6.
General Assembly resolution 67/1.
International Law Commission, “The obligation to extradite or prosecute (aut dedere aut judicare)”,
para. 1.
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