With the support of the Ministry of Unification, the Ministry of Foreign Affairs and the legal community of South Korea, a two-day international moot court hosted by several non-governmental organizations was held in Seoul from November 25 to 26, 2024. This moot court simulated the pre-trial procedure of the International Criminal Court (ICC) in The Hague, and took North Korea's top leader Kim Jong-un as the defendant and conducted a mock trial for his suspected "crimes against humanity". Although this is an informal legal procedure, it has attracted international attention because it deeply reveals the inhumane crimes in North Korea's "political prisoner camps".

Background and significance of the mock trial

The purpose of this moot court is to make legal and procedural preparations for the international trial that Kim Jong-un may face in the future. The organizers pointed out that the report released by the United Nations Commission of Inquiry on Human Rights in North Korea (COI) in 2014 has made it clear that North Korea's systematic human rights violations constitute "crimes against humanity." However, ten years later, due to the veto power of China and Russia in the UN Security Council, the relevant cases have never been submitted to the International Criminal Court. This mock trial aims to show the world the possibility of holding Kim Jong-un and his regime accountable through professional international legal procedures.

Kim Tae-hoon, chairman of the "North Korean Human Rights" organization and the main promoter of this moot court, said: "This is not a game, but a real simulation of the International Criminal Court trial. The participants are all internationally renowned legal experts, and the significance is to show that the world is ready to judge the Kim regime."

Focus on the accusation of "political prisoner camps"

The core issues of the moot court focused on the serious human rights violations in North Korea's "political prisoner camps". Legal experts from South Korea, the United States and other places served as prosecutors and defense lawyers, and conducted a two-day trial and debate with six witnesses.

Five of the six witnesses are North Korean defectors, including:

Former "Chosun Ilbo" reporter Jiang Zhehuan who lived in the "Yodeok Political Prisoner Camp" for ten years;

Former Political Counselor of the North Korean Embassy in Cuba Li Rikui;

Former Deputy Director of the North Korean Military Reconnaissance General Bureau Jin Guocheng (pseudonym);

And two female witnesses with high-level backgrounds.

The witnesses described in detail the tragic conditions in the camps: prisoners were deprived of their civil rights, forced to do high-intensity labor, struggled to survive hunger, disease and violence, and ultimately died. Witnesses pointed out that the existence of these camps is not only a tool for persecuting so-called "political prisoners", but also a means for the North Korean regime to control all citizens through fear.

Focus of the trial: Kim Jong-un's legal responsibility

The prosecutor emphasized that Kim Jong-un, as the supreme leader of North Korea, bears an unshirkable responsibility for all crimes committed in North Korea's political prisoner camps. The court discussed the following facts:

About 120,000 people detained in North Korea's "political prisoner camps" live in extremely harsh conditions, including hunger, torture, sexual violence and public executions.

Since taking power in 2011, Kim Jong-un has absolute control over North Korea's military and civilian sectors and could not have been unaware or uninvolved.

Under the Rome Statute of the International Criminal Court, leaders can be held accountable for systematic atrocities that they authorized or acquiesced in, even if they did not personally commit crimes.

The two moot court judges, Zhu Guangyi, a senior prosecutor in South Korea, and Sylvia Cartwright, a former judge of the New Zealand High Court, combined the testimony and legal basis to confirm that Kim Jong-un was suspected of "crimes against humanity". These crimes include murder, slavery, torture, sexual violence, and persecution based on politics and religion.

Voices of legal experts and the international community

After the trial, many legal experts at the meeting expressed their views on the results of the moot court. Kim Hyun-gi, a Korean lawyer in New York, pointed out: "Today, six witnesses appeared in court, and in the future, 22 million people living in North Korea may become potential witnesses. This mock trial shows the international community that no matter how many obstacles there are, the pursuit of human rights crimes will never stop."

James Cornell, an American lawyer who served as the defendant's defense lawyer, added: "The proceedings of the International Criminal Court are not a unilateral accusation, but a rigorous trial. As a defense lawyer, my task is to ensure that every accusation is subject to strict legal scrutiny, which is the true embodiment of the rule of law."

Possibilities and challenges of promoting international criminal trials

Although this moot court is an academic activity, its symbolic significance is significant. The mock trial not only warms up for Kim Jong-un's possible international trial, but also highlights the urgency and dilemma of the international community in promoting the improvement of human rights in North Korea.

At present, the North Korean issue has been in a long-term deadlock at the UN Security Council level, and the veto power of China and Russia makes any sanctions or legal actions against North Korea difficult. However, the mock court shows the world through open and transparent legal procedures that even if it is a dictatorship, its leaders will eventually be held accountable.

From simulation to reality

This mock trial provides an action framework for the international community to solve the human rights issue in North Korea. Kim Tae-hoon called on the United Nations and countries around the world to take action as soon as possible to bring Kim Jong-un and his regime to the International Criminal Court. He also expressed his support to the North Korean people: "Don't give up hope, freedom will eventually come."

Whether or not an international trial of Kim Jong-un can be truly realized in the future, this mock trial has sounded the alarm for the world: no matter how powerful a regime is, its crimes cannot escape the reckoning of history.