Democratic People’s Republic of Korea CoI “The commission has authorized OHCHR, acting as the residual secretariat of the commission, to provide access to the existing materials contained in the database to competent authorities that carry out credible investigations for purposes of ensuring accountability for crimes and other violations committed, establishing the truth about violations committed or implementing United Nations-mandated targeted sanctions against particular individuals or institutions.”28 Any cooperation with the Security Council Sanctions Group of Experts should be considered at the outset of an investigation. The Sanctions Group may have information of use to the investigation, and vice versa.29 It is OHCHR’s position that any sanctions imposed should be accompanied by rigorous procedural safeguards to guarantee minimum standards of due process.30 4. Deterrence While opinions may vary as to degree, efforts to assign individual responsibility for serious international crimes and violations do have a deterrent effect, in particular on those not yet implicated in violations. Some refer to the power of stigma which may result from the individual having been named, or having being personally affected by travel bans, economic sanctions or even criminal prosecution, should the information be shared with the bodies responsible for such mechanisms. It is worth observing that deterrence may emerge in multiple ways, including at the “Report of the Commission of Inquiry on human rights in the Democratic People’s Republic of Korea” (A/HRC/25/63), para. 23. See also “Report of the Secretary-General on the protection of civilians in armed conflict” (S/2005/740), 28 November 2005, para. 32 (the Secretary-General “urge[s] the Council to consider the application of targeted sanctions in situations where access for humanitarian operations is denied as a result of specific attacks on those involved in the provision of humanitarian assistance”). See also Security Council resolution 2213 (2015), para. 11. 29 For example, the Group of Experts convened for the Democratic Republic of the Congo (DRC) is mandated to identify individuals and entities committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law. See United Nations Group of Experts, established by resolution 1533 (2004), para. 10, as updated by subsequent resolutions, including S/RES/2293 (2016), paras. 7 (e) and 10. The Group of Experts’ focus on identifying individuals could provide the basis for cooperation. Also, the US government imposed sanctions on a senior police official from the DRC, justifying this by citing a report by the UNJHRO, www.treasury.gov/press-center/press-releases/ Pages/jl0496.aspx (accessed 23/06/2016). 30 The 2015 Libya FFM wrote: “The High Commissioner also supports the listing of individuals responsible for planning, directing or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses under the sanctions regime of the Security Council, while urging that sanctions imposed be accompanied by rigorous procedural safeguards to guarantee minimum standards of due process” (A/HRC/31/47), para. 77. Other investigations, such as South Sudan (A/HRC/31/49), para. 83, and Eritrea (A/HRC/32/47), para. 132, have followed suit. 28 WHETHER TO IDENTIFY INDIVIDUALS 21

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