A/HRC/34/66
of Korea. The Council mandated the group of experts (a) to explore appropriate approaches
to seeking accountability for human rights violations in the Democratic People’s Republic
of Korea, in particular where such violations amounted to crimes against humanity, as
found by the commission of inquiry; and (b) to recommend practical mechanisms of
accountability to secure truth and justice for the victims of possible crimes against
humanity in the Democratic People’s Republic of Korea, including the International
Criminal Court.
37.
Since their appointment by the High Commissioner in September 2016, the
independent experts have visited Geneva, The Hague, Seoul, Tokyo and New York to
conduct research and consult with various stakeholders, including scholars in international
criminal justice and persons who left the Democratic People’s Republic of Korea. Portions
of the missions to Geneva and Seoul were conducted jointly with the Special Rapporteur.
38.
In its recommendations, presented in an addendum to the present report, the group of
independent experts stresses that the approach to pursuing accountability for human rights
violations in the Democratic People’s Republic of Korea must be multi-pronged and
comprehensive, and in line with international norms and standards. The group calls on the
international community to continue efforts to seek accountability for crimes against
humanity through the International Criminal Court. It highlights that investigation and
prosecution of serious crimes are indispensable, as are measures to ensure the right of
victims and societies to know the truth about violations, the right of victims to reparations,
and guarantees of non-recurrence of violations. The group finds that there is a need to
explore the possibility of establishing an ad hoc international tribunal. Additionally, it
recommends undertaking coordinated and comprehensive consultations with victims and
other relevant stakeholders, starting with those living outside the Democratic People’s
Republic of Korea. Such consultations would be aimed at seeking their views on
accountability for human rights violations in the country, while taking measures to ensure
the safety of participants and minimize the risk of retraumatization. The group further calls
on the Human Rights Council and the General Assembly to strengthen OHCHR through
additional resources, to increase its contribution towards accountability for human rights
violations in the Democratic People’s Republic of Korea, including by concurrently
strengthening its current monitoring and documentation efforts in line with international
norms and standards and supporting an assessment by international criminal justice experts
of available information and evidence to identify gaps and develop possible investigation
and prosecution strategies as well as blueprints for suitable international or internationally
assisted court models. The Special Rapporteur agrees with this approach, and invites all
relevant stakeholders, including States Members of the United Nations, the Human Rights
Council, the United Nations and civil society organizations, to act on the recommendations
contained in the report of the group of independent experts and to ensure that serious
human rights violations, especially those amounting to crimes against humanity, do not go
unpunished.
C.
Field-based structure of the Office of the United Nations High
Commissioner for Human Rights in Seoul
39.
OHCHR-Seoul, with its field-based structure, has continued its activities since its
inauguration on 23 June 2015, including providing support to the mandate of the Special
Rapporteur. In accordance with Human Rights Council resolution 25/25, OHCHR-Seoul is
mandated (a) to monitor and document the human rights situation in the Democratic
People’s Republic of Korea with a view to ensuring accountability; (b) to enhance
engagement and capacity-building with the Governments of all States concerned, civil
society and other stakeholders; and (c) to maintain the visibility of the situation of human
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