Peace v. Justice Debate

“Justice reinforces peace, and the long-term peace that one is looking for.” – Kofi Annan

“In today’s transitional justice literature and debate, a central core theme concerns the relationship between peace and justice.”[4] In the last decade or so, a view towards ending impunity for gross violations of human rights has emerged among some in the international community. The manifestation of this trend can be seen in the establishment of the International Criminal Court (ICC), for example. Central to ending impunity, however, is the question of whether those who commit serious crimes should go unpunished or untouched in order to mitigate the potential for further violence. “A justice process is very much related to a social and a political process nationally, moving a country from authoritarian rule or armed conflict into a peaceful society.”[5] As a result of this discussion, interested actors continue to unpack the tensions and competing demands of peace and justice in post-conflict and transitioning environments.

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North Korea commits systematic, widespread and grave violations of human rights that contravene international law, and therefore the Kim regime should one day be held accountable for its actions. On a daily basis, 24 million North Koreans suffer to varying degrees because of the incredibly oppressive tactics of the Kim regime, all while its leaders continue to build up North Korea’s weapons capabilities designed for regime preservation. The regime commits mass atrocities under the shield of state sovereignty and avoids any level of accountability by striking fear throughout the international community. Although holding the Kim regime accountable under domestic or international law may not be feasible until there is a regime shift, it is worthwhile to explore potential actions that may be taken now and in the future to not only prevent future human rights violations against North Koreans but also to remedy past wrongs for the millions who have suffered under the Kim regime.

Most experts agree that the current state of North Korea is unsustainable and change will eventually arrive. Although it is difficult to predict exactly when a state will undergo a transition, it is better to expect it rather than be taken by surprise. For the purposes of this paper, the assumption is made that there will ultimately be a regime shift in North Korea. Because of this, a strategic plan should be in place for mitigating loss of life by responding to the resulting humanitarian emergency and also ensuring the Kim regime is held accountable for its actions.

This paper tackles the accountability predicament of holding the Kim regime responsible for mass atrocities given the unique factors involving North Korea. It provides a brief history of the Kim regime, the human rights abuses it has committed and continues to perpetuate, and the positive and negative aspects of different transitional justice mechanisms – such as different forms of prosecution, truth commissions, reparations, and restitution – in the aftermath of a North Korean regime collapse and subsequent reunification of the Korean peninsula. Ultimately, this paper suggests that a strategic approach to dealing with the wrongs committed in North Korea should entail a ‘knowledge commission,’ the establishment of a ‘people’s tribunal,’ and collective reparations designed to promote healing.

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