COVID 19 & Human-Rights in North Korea: Understanding its Severity

Originally Published on Match 13, 2021

Tomas Ojea-Quintana, UN’s Special Rapporteur for human rights in North Korea, discusses the ongoing human rights violations recorded in 2020. To name a few, he identifies that there are “shoot to kill orders at the border, starvation caused by mass lockdowns, [and] summary executions.” Ojea-Quintana also brings to light North Korea’s food insecurity that arose as a result of the government’s tight COVID-19 restriction measures. With this, he adds that the government has built a new detention facility, in North Hwanghae province, for individuals violating COVID-19 quarantine measures. There have been several cases of extreme punishment for those disobeying these government-issued measures. Daily NK, a credible media organization with sources inside North Korea, have also noticed that these lockdown orders prevent citizens from leaving their homes to get groceries and for those who try to leave, they are often arrested.

Daily NK and Radio Free Asia have identified that executions are held for violators of quarantine guidelines. Alongside this, Daily NK confirmed that authorities have ordered for the increased presence of political prison camps throughout the country.

With the seemingly never-ending human rights violations occurring in North Korea, Ojea Quintana has stated that the time had come “for the Security Council to decide on the referral of the situation of the Democratic People’s Republic of Korea to the International Criminal Court.”

Agreeing with Ojea Quintana, Greg Scarlatoiu, the executive director of the Committee for Human Rights in North Korea, understands the dire need for the violations to be referred to the ICC but also recognizes the struggle to achieve the outcomes they both desire.

Scarlatoiu states that the “UN Security Council referral to the ICC is needed, as the DPRK is not a party to the 2002 Rome Statute.” The issue is primarily influenced by the five permanent member states of the UNSC. However, Scarlatoiu notes that “in particular the People’s Republic of China or the Russian Federation, could veto that measure.” Regardless of whether the issue is vetoed or not, he emphasizes that “pressing for UNSC referral to the ICC is important” and that “every time a P5 member blocks such an initiative, it will push itself into a corner, as a UN member state that aids, abets, and protects a regime that commits crimes against humanity.”

However, opinions on whether the issue should be brought to the attention of the ICC proves to be polarized, with some thinking that it might not be the best course of action. Associate professor at King’s College London, Ramon Pacheco Pardo, explains that bringing up the issue to the ICC is much easier said than done: “any case would have to be based on North Korean leaders having allegedly committed a crime in an ICC member state,” since the ICC has no rule over North Korean matters. With the likelihood of producing such evidence being slim, the ICC can be of little help in addressing the ongoing human rights crisis.

Pardo admits that options beyond the ICC are scarce, but suggests that working in collaboration with the Human Rights Council may result in a more fruitful outcome. He further explains that more options are soon underway with the European Union as they will “implement human rights sanctions against North Korea under its Global Human Rights Sanctions Regime,” later this month.

The recent change of presidency, now under the Biden administration, could also mean big changes for the lives of North Korean refugees. Scarlatoiu explains that “appointing a U.S Special Envoy for North Korean human rights” and expanding America’s reach on the resettlement of North Korean refugees are important discussions to have. With improved prospects of U.S. cooperation, Youngsoo Yu, an assistant professor teaching North Korean Studies, emphasizes that collaboration between the South Korean ROK and the US is much needed: “The U.S. and ROK must send a signal that human rights are a universal principle and value we pursue. The first thing for us to do is to make the DPRK recognize this, which we have failed to do so far.”

Resources:

Writer, S. (2021, March 13). North Korea Executes lockdown violators fleeing starvation: Un. Retrieved March 13, 2021, from https://asia.nikkei.com/Spotlight/N-Korea-at-crossroads/North-Korea-executes-lockdown-violators-fleeing-starvation-UN