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
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