Ukraine Considering Submission to the International Criminal Court Concerning the North Korean Leader
A new phase of international legal accountability for involvement in global conflicts is emerging worldwide. According to reports from Yonhap News Agency, Ukraine may initiate a case against North Korean leader Kim Jong Un by officially submitting it for consideration to the International Criminal Court (ICC). This decision could have significant consequences for the regime in Pyongyang, as recent reports indicate the emergence of initial signs of possible accountability for their involvement in the war in Ukraine. Almost a year ago, the international community began closely monitoring the situation around North Korea, which, although having a reputation as a country with internal human rights violations, has so far avoided responsibility for its foreign policy and military actions. However, now there are grounds to believe that its leadership could have violated international law on a broader scale, particularly regarding support for Russia in the war against Ukraine. According to data voiced by former ICC Chief Prosecutor Son Sang-hyon at a press conference in Seoul on May 19, the "appropriate moment" has arrived to consider holding Kim Jong Un accountable. In his statement, he emphasized that last month North Korea confirmed its participation in military actions in Ukraine — the first official admission that it sent troops to Russia to support its aggression. All of this occurs against the backdrop of ongoing bans and human rights violations within the country, although previously North Korea’s leadership was not considered eligible for transfer to the ICC. Concerns about immunity were expressed, but now, according to Hyon, jurisprudence allows Ukraine and other countries to initiate legal proceedings. "The time has come to bring Kim Jong Un to the International Criminal Court," his words are cited. His statement is supported by numerous factual data regarding Pyongyang's aid to Moscow in the war — military support remains a topic of discussion and possible accountability. The former court head highlighted that North Korea’s support for Russia opens the door for Ukraine to formally file a complaint as an injured party. He stated that Ukraine has every right to approach the ICC to hold Kim Jong Un and his regime accountable. At the same time, he noted that even without a formal complaint, the court can initiate investigations on its own initiative. "While submitting a complaint would be an ideal step, the ICC has the authority to commence an independent investigation," the expert assured. Another important detail is that the arrest warrant issued by the ICC for some high-ranking officials does not expire. This means that if necessary, the court can activate its activities regarding the accused at any time. The existence of the warrant exerts psychological and legal pressure on them, effectively limiting their mobility and prohibiting their appearance in the territories of the 124 member states of the court. The former ICC chief called on the international community and particularly judicial authorities to intensify their response to war crimes committed by North Korea’s leadership and their allies. According to him, this is the right time for proactive prevention and legal accountability for the regime’s role in large-scale violations of international law. Background: In March 2023, the ICC already initiated the arrest process against Russian President Vladimir Putin, charging him with war crimes related to aggression against Ukraine. Now, the question facing the global community is how much the likelihood has increased for effective investigation and accountability of North Korea’s leadership for their role in the war, which continues to keep the world on edge. This situation could mark a new stage in the fight against impunity and the strengthening of the international legal order, with political and legal responsibility for authoritarian leaders becoming a key priority in global geopolitics.