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One-on-one with UN Special Rapporteur on Human Rights situation in DPRK Marzuki DARUSMAN Updated: 2015-11-27 16:17:31 KST

The Commission of Inquiry found that these violations alleged to have been committed by the government, by the state as a matter of policy so these are state-induced, and then
directed, sponsored violations the violations qualify as crimes against humanity and therefore there are in total breach of international law.
Based on reasonable grounds, we believe that in fact, these violations have taken place and continue to take place.
Therefore, the facts have been corroborated so we just need to be sure that these are in fact violations that continue to occur on the ground.
Let the United Nations come in and see for ourselves.

So based on these findings and evidence you called for the referral of North Korean leader Kim Jong-un to the International Criminal Court. Is that feasible?

Now of course it's known that a referral to the ICC, would have to have the endorsement by the Security Council, which is where it is at the moment.
The report of the Commissions of Inquiry has been accepted by the Security Council as a permanent agenda item of the council and to be debated, hopefully this coming month.
And we will see how that fares in terms of the possibility of this being referred to the ICC.
It would continue to be significant fact of political import that North Korea is aware that this has reached the highest political body in the United Nations.
And that in itself, is symbolic of the resolve of the international community to seek ways for accountability.

One of the recurring themes or recurring points of human rights violations in North Korea seem to be the issue of separated or divided families. Is there anything practical solutions to that?

Simple. Make these reunions much more frequent, open up to greater numbers.
Not only is it a humanitarian issue it is also human rights, in terms of family being the basic unit of society therefore, we would make the argument that family reunions are a right in and of itself.

Can that be enforced?

It cannot be enforced. It needs to be realized by both parties, by North Koreans that if so many members are prevented from meeting their kin, the burden will be on North Korea.
This has to be given priority.

Let's talk about the protection of refugees. Those leaving North Korea, crossing the border to South Korea with the desire to leave that regime.
What kind of efforts can be made to protect them?

The international law is very clear on this. First of all, any citizen of any country has the
right to leave or enter their home country which is not the case with North Korea.
That is the source of the issue.
But, if we don't resolve that right and restore that right to the people of North Korea then all the other problems arise.
Then, the neighboring countries, depending on their relations with North Korea may feel obliged to return these citizens as if these citizens are owned by the state as if these citizens are the possessions of the state.
International is also very clear that anyone that flees a country because of repression because of their rights being denied will need to be protected by every state and to be allowed to be able to go to a third country of their choice.
This is the issue.
That would have to be addressed by the international community by voicing concerns that if these people are returned they will suffer a horrible fate.
A country that apprehends North Korean citizens that have been able to leave the country in fact to flee the country will be in breach of
international law if they return these citizens against their will.
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