In an op-ed for CNN.com, Michael Kirby talks about North Korea’s crimes against humanity, the history of the U.N.’s attempts to “engage” Pyongyang on human rights, and the broader failure of strategies that sought to transform North Korea though scented candles, mood lighting, and Marvin Gaye music alone:
The strategy of non-criticism, attempted friendliness and deference was singularly unsuccessful in securing either the goal of peace, national reunification or human rights compliance. For example, the meetings in Pyongyang in September 2002 with Japan’s prime minister at the time, Junichiro Koizumi, and in September 2000 with then-President Kim Dae-Jong of ROK, were not long-term substantive successes.
In the case of the Japanese prime minister, a tiny number of abductees were returned with an acknowledgment of a state policy of abductions by the DPRK that was said to have been abandoned. However, when the bones of some of the Japanese abductees, said to have died in DPRK, were returned to Japan, they were found to have no DNA match to the families of the abductees. In some cases they were probably animal bones — an affront to Japan and to the abductees’ families.
Negotiations with ROK actually coincided with the clandestine development of nuclear weapons at the very time of the promotion of the “Sunshine Policy” by President Kim.
Whilst such strategies are sometimes rewarded by minor concessions, objectively such measures can only be assessed as “crumbs” when measured against the violations and international crimes reported by the COI. [Michael Kirby, CNN]
These days, true liberals sound like neocons when it comes to North Korea. In America, most of those who still keep faith with the discredited and unrealistic premises behind the Sunshine Policy are hard-left progressives, or people who call themselves “realists.”
Kirby appeals to China and Russia to support the recommendations of the U.N. General Assembly and refer Kim Jong Un’s regime to the International Criminal Court:
Unlike earlier totalitarian states and oppressive conduct, the world cannot now lament, “if only we had known…” Now, the world does know. And the question is whether the world will respond effectively and take the necessary action. [….]
The world has therefore reached a moment of truth over DPRK. The international community and people everywhere will be watching closely the United Nations’ consideration of the COI report. I am hopeful that the outcome will be positive.
The human rights of the people of DPRK demand it. The peace and security of the Korean peninsula and its region require it.
If When China does veto a Security Council resolution, the world’s civilized nations must do more than shrug their shoulders helplessly. They should be ready to move on to a discussion of alternatives, including financial isolation, travel bans on regime officials, and a special tribunal under the authority of the General Assembly. My friend, Professor Sung-Yoon Lee, adds this:
“High-profile actions at the U.N. that pit China and the DPRK on one side against the ‘civilized’ nations of the world on the other have implications on how states and multinational corporations conduct trade and business with the DPRK,” he said.
“Divestiture was a powerful tool the world used against South Africa’s apartheid regime. Likewise, deterring European states and companies from selling North Korea luxury goods in violation of several UNSC resolutions can only put pressure on the Kim regime.” [CNN]
Perhaps the most important role Justice Kirby can play is to keep this issue in the public eye, and to impose political and reputational costs on Pyongyang and its enablers.