ABSTRACT

While contemplating other possibilities such as the International Criminal Court and South Korean courts after Korean reunification at the outset of this chapter, this chapter will eventually suggest a hybrid tribunal as the most promising forum for trying the alleged violations of human rights and war crimes by the DPRK. Since the inception of the ICC in July 2002, with currently over 100 signatories, certain shortcomings (notwithstanding its strengths) have surfaced. With problems such as insufficient staffing, limited resources and several jurisdictional hurdles, the ICC may not provide the best forum, although it may provide a rather good one, for addressing the egregious behavior of a criminal regime such as that of North Korea. Shortcomings in domestic law, sovereignty issues, and the perception of foreign influence among an ill-informed populace provide additional barriers to the legitimate working of an international court like the ICC.