A/HRC/13/47 “4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation …” 60. The international crime which would seem to be most closely related to the happenings in the country in question is “crimes against humanity” and the criteria which would need to be fulfilled include widespread or systematic attack against civilians and knowledge of the attack. There are also various preconditions to the exercise of jurisdiction by the Court which should be borne in mind. IV. Country visits A. Mongolia 61. The Special Rapporteur paid a visit to Mongolia from 24 September to 1 October 2009. 62. The main impact of the situation in the Democratic People’s Republic of Korea on Mongolia relates to the influx of nationals of the former who have exited from the country in search of asylum elsewhere. In recent years, there has been a continuing flow of these persons through a neighbouring country into Mongolia. The policy of Mongolia towards the group has been based upon a humane approach, treating them as humanitarian cases and offering them temporary asylum prior to durable solutions. It has abided by the international principle of non-refoulement of those who seek asylum and has worked closely with the United Nations High Commissioner for Refugees (UNHCR) in the process. 63. Between 1999 and mid-2009, some 3,000 nationals of the Democratic People’s Republic of Korea sought shelter in Mongolia, but there has been a marked decline in arrivals over the past two years. The influx in 2008 was about 150 persons and in the first half of 2009 the caseload was approximately 30 persons, as compared with some 500 persons in 2007. Recent arrivals comprised both men and women, at times coming as a family, although the caseload was of a younger age group than the groups which had entered Mongolia in previous years. A large number of the group had stayed in a neighbouring country for several years before entering Mongolia. The Special Rapporteur was informed that at the time of his visit, there were no nationals of the country seeking protection in the country, as the 2009 caseload had already been resettled in other countries, the resettlement process taking about a month. 64. The decline in arrivals seems to have been due to the stringent border conditions in a neighbouring country which made it difficult for nationals of the country in question to access Mongolia. 65. In regard to the engagement of Mongolia with the international system which has bearing on the protection of those seeking asylum in the country, the country is already a party to key human rights treaties, engaging well and consistently with the reporting obligations under these treaties, and it is now considering accession to the Convention relating to the Status of Refugees and its Protocol. Mongolia recently acceded to the United Nations Convention against Transnational Organized Crime, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and its Protocol against the Smuggling of Migrants by Land, Air and Sea. 66. On another front, the advent of a labour force from the Democratic People’s Republic of Korea under contract in Mongolia deserves attention. To date, a small number (in the hundreds) have been present and have been registered with the Mongolian GE.10-10793 15