North Korea Investigated by the International Criminal Court

A general view shows damage caused to buildings on South Korea's Yeonpyeong Island, on Dec. 3, following a North Korean artillery and rocket attack. The International Criminal Court, based in The Hague, is investigating whether North Korea is guilty of war crimes. (Kim Jae-Hwan/Getty Images )

AMSTERDAM, Netherlands—The International Criminal Court (ICC) has opened an investigation into whether or not North Korea can be prosecuted for war crimes.

The court, which is located in The Hague, a city in the Netherlands, investigates and presides over cases involving war crimes, genocide, and other crimes of international concern.

According to the head prosecutor of the court, Luis Moreno-Ocampo, the court has received allegations that North Korea has committed war crimes in South Korea. The court will investigate the shelling of the South Korean Yeonpyeong Island on Nov. 23, which killed South Korean marines and civilians.

Last week, South Korean President Lee Myung-bak described the attack on the island and its civilian population as a crime against humanity. “Only a few meters away from where shells landed, there was a school where classes were going on,” he said.

Also the sinking of the South Korean warship, the Cheonan, will be investigated. Forty-six sailors died in the sinking of the ship, and an international investigation concluded earlier this year that a North Korean torpedo was responsible. However, the North Korean government has denied responsibility.

South Korea signed the 2002 treaty that established the ICC. “As such, the ICC has jurisdiction over war crimes, crimes against humanity or genocide possibly committed on the territory of the Republic of Korea or by its nationals,” stated the ICC.

For the time being, the case is under preliminary examination. If the court decides to prosecute, an official case will be opened. The court currently has five cases, relating to situations in the Democratic Republic of Congo, Northern Uganda, the Darfur region of Sudan, the Central African Republic, and Kenya.

The Court is also conducting a preliminary examination regarding cases involving Afghanistan, Honduras, and Colombia.

United Nations

On Monday, the Secretary General of the United Nations, Ban Ki-moon, stressed the need for the International Criminal Court.

“At a time when international justice is under attack in many places, we must strengthen our resolve to shut the door on the era of impunity and ensure that in this new era perpetrators truly answer for their crimes,” he said in a statement. “The ICC is the centerpiece of our system of international criminal justice.”

Representatives of the 113 countries that signed the establishing treaty of the court met Dec. 6 at the U.N. headquarters in New York City, beginning the ninth session for the body.

Speaking at the meeting, Ban urged member states to stay “on the offensive,” and he urged countries to enforce outstanding arrest warrants.

Officially, the court is not part of the United Nations, but does have a “cooperative relationship” with it.