Peter Walker, a journalist for The Guardian, in his article “North
Korea human rights abuses resemble those of the Nazis, says UN inquiry” reports
that UN’s commissioner has been gathering a lot of material over the past year
about North Korea’s leadership committing “systematic and appalling human
rights abuses against its own citizens on a scale unparalleled in the
modern world, crimes against humanity with strong resemblances to those
committed by the Nazis a United Nation inquiry has concluded.” UN commissioner
on human rights personally addressed leader of North Korea, Kim Jong-un, to
warn that he could face trial at the international criminal court (ICC) for his
personal responsibility as the head of the state for letting such atrocities to
happen. UN’s intentions are absolutely admirable, but the actual realization of
such an act and possible consequences of this trial are a bit more complicated
and unsettled. It is very uncertain who will or will not support ICC in
bringing Kim Jong-un to trial, because ICC has no standing army that can
intervene and capture Kim Jong-un, unless he willingly surrenders himself,
which won’t happen in any near future.
One of the first powerful protesters that ICC may face is China with its
veto right of this trial. Even though, China may seem as not a “supporter” of
North Korean regime, it shows absolutely opposite behavior and have “close
links with North Korea and maintains a policy of sending back people found to
have fled across the border, despite widespread evidence that they face
mistreatment and detention on their return” (Walker). Max Fisher from The Washington Post explains China’s
political stand in the region as a very straight forward “no war, no
instability, no nukes.” That explains that as a hegemon in the region China
wants everything around it to be stable and under control. China absolutely
doesn’t want to loose its people again if another Korean war erupts because of
the ICC trial.
The other issue that the ICC may face is what happens next in case the
trial ends up being successful and the North Korean leader as well as the
regime will go down. The ICC doesn’t have any military power that can prevent
civil violent upheavals and turmoil as well as provide safety for the people.
Moreover, ICC has to be able to gradually reform the country and radically
transform the authoritative and corrupt regime into liberal and democratic. In
order to implement anything close to what I described above in North Korea, the
ICC has to have other nations to support it and provide it with standing military,
think tanks, money, and etc. The big question here is who would want to get
involved in North Korea’s transformation and send its own troops and minds
there. As we’ve already seen China not only won’t support, but also would
actually try to prevent the ICC from doing anything. South Korea doesn’t want
to do anything with N Korea, zero relations. The US has no national interest in
N Korea and has much more important issues to concentrate on. That means that
there is actually no regional or world hegemon that is powerful and fully
willing to get involved and support the ICC. The only countries that might be
interested in such huge commitment might be like-minded members of the ICC that
are small European countries that promote humanitarian and democratic values.
All of this is very complicated and before the ICC decides to take Kim
Jong-un on a trial, it has to create a really strong plan of action in case the
trial is successful and make sure that it has enough support to really make a
difference in people’s life, instead of allowing another vicious leader just
take Kim’s place and continue the same atrocious regime.
The ICC is a completely powerless institution unfortunately. I have studied international law in a class and the consistent theme was that international law suffers from poor enforcement mechanisms. It's not just Kim that can't get prosecuted - America has not ratified this treaty so Americans cannot be prosecuted. On a philosophical level I find that there are major problems with international law. Let me explain - we like to think that there are such things as crimes against humanity that occur in war but this is at best victor's justice and at worst simply contradictory because any acts of war can be construed as a crime against humanity.
ReplyDeleteWhat this means is that the strengthening of international law prosecution mechanisms entails the criminalization of war. Soldiers can become criminals, which is a novel development in the history of the world. The converse is far more disturbing - that criminals can be construed as soldiers. I don't think that the benefit of universal enforcement of international law, however noble, is worth the cost of using military methods against civilians who have violated international law.