International
North Korea’s Role in Russian War Crimes: A Case for ICC Referral
By Admin
In the early hours of June 19, 2024, at approximately 2 a.m., North Korean leader Kim Jong-un made a rare appearance at Sunan Airport in Pyongyang to greet Russian President Vladimir Putin.
The visit notably violated United Nations Security Council sanctions, which prohibit the import of luxury goods into North Korea.
However, the most critical aspect of the visit was the signing of a “Comprehensive Strategic Partnership Agreement”. A clause in this agreement, Article 4, has raised alarms within the international community. It states that “if either party enters a state of war due to military invasion, the other party will provide immediate military and other assistance.” This agreement has heightened concerns about the security of South Korea and the stability of Northeast Asia. It also provides Russia with a potential legal cover to import weapons, such as artillery shells, from North Korea, thereby posing an even greater threat to Ukraine, which continues to endure Russia’s ongoing aggression.
According to the South Korean Ministry of National Defense, approximately 12,000 containers suspected of carrying artillery shells were shipped from North Korea to Russia between August 2023 and July 2024. In exchange, North Korea is reportedly seeking advanced Russian technology to bolster its military capabilities, including reconnaissance satellites. These actions are in clear violation of United Nations sanctions against both nations.
Despite numerous sanctions imposed on Russia and North Korea across sectors such as finance, technology, and trade, the two nations have largely ignored these measures. Their continued defiance has raised calls for physical enforcement through the International Criminal Court (ICC), which has the jurisdiction to hold both regimes accountable. Russia’s war crimes in Ukraine, compounded by North Korea’s complicity, fall squarely under the ICC’s jurisdiction, even without a UN Security Council mandate.
Russia’s invasion of Ukraine, which has involved the deliberate targeting of civilians and civilian infrastructure, constitutes a grave breach of the Geneva Conventions of August 12, 1949. These actions fall under Article 8(2)(a) of the Rome Statute of the ICC, which defines war crimes, including wilful killing, causing great suffering or injury, and the unlawful destruction of property. North Korea’s supply of artillery shells and missiles to Russia, which are used in the commission of these war crimes, is considered unlawful complicity under international criminal law. This falls under Article 25(3)(c) of the ICC Statute, which deals with aiding in the commission of war crimes.
Between October 2022 and March 2023, the ICC issued arrest warrants for four senior Russian military figures: former Defense Minister Sergey Shoigu, Chief of the General Staff Valery Gerasimov, Aerospace Forces Commander Sergey Kobylash, and former Black Sea Fleet Commander Viktor Sokolov. These warrants stem from their involvement in attacks on Ukrainian civilian infrastructure, including power facilities.
Evidence of North Korean weapons being used in these attacks is mounting. The Ukrainian military has repeatedly reported the use of North Korean artillery shells by Russian forces in assaults on civilian infrastructure. In February 2024, Russia launched over 20 North Korean ballistic missiles at Kyiv and other regions, killing at least 24 civilians and injuring more than 100 others. In August, Russian forces used North Korean KN-23 short-range ballistic missiles to strike Ukrainian cities, resulting in more civilian deaths, including children.
In March 2023, the ICC also issued an arrest warrant for Putin over war crimes, including the forced relocation of children from Ukraine. This has made Putin a wanted fugitive on the global stage, exposing him to potential arrest in any of the 124 ICC member states. The Russian government has repeatedly denied the allegations, but the ICC’s stance has provided a strong rebuttal.
The ICC’s arrest warrants have put psychological pressure on those responsible for crimes against humanity, sending a powerful message that impunity will not be tolerated. Kim Jong-un, long criticized for his oppressive regime in North Korea, is now further complicit in atrocities against Ukrainian civilians through his support of Putin. The international community must increase its diplomatic and psychological pressure on the North Korean regime to cease the supply of weapons that are causing such destruction in Ukraine.
Putin, whose near-absolute control of Russia has enabled his aggressive military campaigns, is now facing the consequences of his actions through ICC indictments. It may only be a matter of time before Kim Jong-un faces a similar fate.
Written by: Pyongyang, North Korea – Representative of NGO, North Korean Human Rights.
