Under the support of the South Korean Ministry of Unification, Ministry of Foreign Affairs, and the legal community, various civil organizations in South Korea held a two-day international mock court at the Seoul Press Center in downtown Seoul on November 25th and 26th. This mock court simulated the preliminary court of the International Criminal Court (ICC) in The Hague, with North Korean leader Kim Jong-un as the defendant, aiming to determine what charges he would face when brought before an international court in the future.
The focus of the court was on crimes committed in North Korean political prisons and whether Kim Jong-un should be held accountable for these crimes. On the first day of the trial, six legal experts from South Korea and the United States acted as prosecutors and defense lawyers, questioning six witnesses for eight hours and engaging in debates.
Five of the witnesses were defectors who had spent time in the notorious Yodok political prison camp. They provided testimonies detailing the harsh living conditions and human rights abuses within the camp, implicating Kim Jong-un in the knowledge of such atrocities given his position as the supreme leader in a totalitarian regime. The witnesses highlighted that the political prison camp was a place used to suppress individuals deemed as threats to the regime, where detainees were stripped of their rights and lived in inhumane conditions until their deaths.
When asked if their testimonies could endanger their families or friends still in North Korea, the witnesses expressed concern but believed it was necessary to speak out to help the 25 million North Koreans attain freedom.
On the second day of the trial, after final statements from both sides and deliberation by the judges, the presiding judge drew conclusions based on the evidence presented. It was determined that Kim Jong-un, as the supreme leader of North Korea, had full control over the military and civil departments of the government. The court confirmed the existence of political prisoner camps where individuals labeled as “political prisoners” faced severe human rights violations.
The trial concluded that there was sufficient evidence to believe that Kim Jong-un had committed crimes including murder, extermination, enslavement, torture, rape, and persecution based on political, religious, and gender grounds. The court asserted its authority to compel his appearance based on the Rome Statute of the International Criminal Court.
The chairman of the NGO “North Korean Human Rights,” organizing the mock court, stated that this initiative was spurred by the UN’s report on North Korean human rights violations and aimed to simulate a potential trial at the ICC. He urged the international community to take action to address the deteriorating human rights situation in North Korea.
Participants and legal experts emphasized the importance of addressing human rights issues regardless of political affiliations and expressed hope for a future where all individuals in Korea, including North Koreans, could enjoy the same rights and freedoms. They highlighted the significance of seeking justice through legal processes and advocating for peace and reunification on the Korean Peninsula.
The defense lawyer representing Kim Jong-un in the mock trial emphasized the importance of showcasing how successful prosecution could be carried out under the jurisdiction of the International Criminal Court. He reiterated the principles of justice and the rule of law in ensuring fair trials and accountability for human rights violations.