Don't rule out dragging Kim Jong-un before the Hague court, says ICC Bar Association’s president

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Don't rule out dragging Kim Jong-un before the Hague court, says ICC Bar Association’s president

Published: 14 May. 2025, 09:00

LIM JEONG-WON
[email protected]

Audio report: written by reporters, read by AI

International Criminal Court Bar Association (ICCBA) President Philippe Larochelle speaks during an exclusive interview with the Korea JoongAng Daily at the Koreana Hotel in Jung District, central Seoul, on May 9. [PARK SANG-MOON]

[INTERVIEW]

North Korean leader Kim Jong-un being brought before trial at the International Criminal Court (ICC) should “not be ruled out,” and South Korean legal professionals should be prepared for such a case, said the ICC Bar Association’s president in a recent interview.

Philippe Larochelle, the president of the ICC Bar Association (ICCBA) and founder of Larochelle Avocats, which has defended and brought acquittals for numerous clients before the ICC, made the comment during an exclusive interview with the Korea JoongAng Daily at the Koreana Hotel in Jung District, central Seoul, on Friday.

“You may never know in what direction politics might evolve that would make it possible for that crazy lunatic dictator to have to answer for his crimes in court,” said Larochelle regarding the possibility of Kim being brought before the ICC. “Currently, there is not a single Korean lawyer on the list of counsels at the ICC — not a single one. My message is that the ICCBA can assist lawyers in becoming registered on that list, and it’s important that Korean lawyers invest in doing so.”

The UN Human Rights Council and various human rights organizations are calling for the extradition of Kim to the ICC due to mounting evidence of systematic and widespread human rights violations committed under his regime.

A 2014 UN Commission of Inquiry report documented extensive abuses in North Korea, including crimes against humanity such as extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other forms of sexual violence, primarily within the country’s political prison camps and broader surveillance state. The report concluded that these violations were committed under the state's authority and that Kim, as head of state and commander of the military, bears command responsibility.

While professing not to be an expert on Korean politics, Larochelle conceded that with experience in litigating other international cases regarding high-profile politicians, the martial law situation after Dec. 3 last year in South Korea showed that Korea is a “strong democracy” and a country where “the rule of law is important.”

A television screen shows a file image of North Korean leader Kim Jong-un during a news program at Seoul Railway Station in Seoul on May 8. [AP/YONHAP]

“I am pretty confident that Korea’s justice system has the strength and the maturity to deal with situations like these,” said Larochelle. “[Korea] has the necessary tools at its disposal to handle [such] situations and deal with those matters, even putting the president to trial if need be.”

Visiting Korea to promote the ICCBA’s programs and to give lectures at institutions such as Seoul National University and the Korea Bar Association (KBA), Larochelle also talked of the inherently political nature of the ICC and international tribunals, how Korea could become more engaged in the field of international criminal law and strategies the court could employ to gain greater independence and effectiveness.

The following interview has been edited for length and clarity.

The International Criminal Court building is seen in The Hague, Netherlands on Jan. 16, 2019. [REUTERS/YONHAP]

Q. Do you see any possibility for North Korean leader Kim Jong-un to be brought before the ICC for war crimes or crimes against humanity?

A. I’m an optimist. I don’t think anyone should not be brought before justice if they commit crimes that justify it. So I will not rule out anything. Two things — first, if you commit crimes that fall under the jurisdiction of the court, territorially speaking, you should be brought before the court. Second, because politics are by definition volatile and you never know in what direction they might evolve, it could make it possible for that crazy lunatic dictator to have to answer for his crimes in court. I imagine if [Kim’s being brought before the ICC] happens overnight and there is not a single Korean lawyer in the ICC’s counsel, that would be a shame.

Former South Korean President Yoon Suk Yeol was impeached after declaring martial law in the country, and some have called that a coup attempt. How would you compare Korea to other nations' situations?

From what I know about Korea, it is a strong democracy, and the rule of law is important here. I’m pretty confident that Korea has a justice system that has the strength and maturity to deal with situations like that, and it has the necessary tools to handle such situations. So there doesn’t seem to be a role that the ICC could play here — we seem very far from that.

The ICC is like a laboratory; it’s an experiment in international justice for which we have very few precedents. What I learned about Korea during this visit is — I visited the monument for the comfort women, and [learned of] things that happened in 1945 — and I learned that it took decades for those actions, which are definitely international crimes of a vast magnitude, to be brought to the [public sphere]. So there's something to be learned at the ICC in terms of making sure that people have a voice when crimes are committed, and the crimes are denounced, and that things do not take decades.

International Criminal Court Bar Association (ICCBA) President Philippe Larochelle poses for a photo during an exclusive interview with the Korea JoongAng Daily at the Koreana Hotel in Jung District, central Seoul, on May 9. [PARK SANG-MOON]

Paek Kee-bong was elected as an ICC judge two years ago, becoming the third Korean to hold a post on the ICC bench. What would you recommend for Korea to become more active in international criminal justice?

I think it's particularly relevant for Korea to be involved in the field of international criminal justice because I see how close we are to the lunatic in North Korea and how easily that situation could degrade and degenerate. I think [South Korea] needs to be ready to address that, and also, you have refugees from the situations in the Philippines and Myanmar, countries very close to Korea. Currently, no Korean lawyer is on the list of counsels at the ICCBA. Not a single one. You should start now while things are still peaceful, but at least learn the tricks of the trade and familiarize yourself with how the ICC works.

Demonstrators hold placards as Filipino students and activists demand the conviction and imprisonment of former Philippine president Rodrigo Duterte during a protest ahead of his first International Criminal Court appearance, in Quezon City, Philippines, on March 14. [REUTERS/YONHAP]

Please explain the role of the ICCBA and what engagements you have had in Korea regarding the association during this visit.

The ICCBA's role is to promote lawyers who work as defense and victim counsels before the ICC. Counsels are not court employees — we are consultants, so we are more vulnerable because of that. So, the ICCBA is the only recognized association by the court that can voice the concerns of lawyers who represent both victims and defense counsel. We came to Korea to meet with universities and the KBA — institutions with whom we have affiliation or cooperation agreements, to reach out to colleagues who are interested in the work of the ICC. We have received much interest from Korean lawyers during this visit.

A flag flutters outside the International Criminal Court in The Hague on April 3. [AP/YONHAP]

You have said that many cases dealt with in the ICC have “nothing to do with the law and everything to do with politics,” and that “the international courts are as good as the international relations to which they are bound.” How could the ICC better navigate the tension between delivering impartial justice and the political pressures it inherently faces?

It’s a daily challenge that takes many forms. As we speak, the court's work is undermined by the adversity of [U.S. President Donald] Trump. These are difficult times for the court to navigate — and what to do in these difficult times is what I am here to do, to rally the civil society and lawyers from countries who are still attached to the rule of law and who still consider that genocide and international crimes are not acceptable. I am talking of the grassroots movement, but at the same time, there are also high-level talks between diplomats of member countries. If anything, these attacks on the court show how valuable it is and how important the mission is. There is no magic formula, and the political dynamics surrounding the court require us to be creative and resourceful. There should be a selection for better attempts at finding more accused, more people who are responsible for crimes, even if they are not the most high-profile leaders.

Deputy Prosecutor Mame Mandiaye Niang waits for former Philippine President Rodrigo Duterte to appear via video link before the International Criminal Court, in The Hague, Netherlands, on March 14. [REUTERS/YONHAP]

In light of recent sanctions against the ICC and its officials, what strategies can the court employ to maintain its independence and effectiveness?

I think the court needs to make itself strong diplomatically. I find it unacceptable that some member states openly expressed their willingness to receive people who are subjects of arrest warrants on their territories — it sends a strong message that undermines the court's mission. The priority should be that the state parties make sure they speak with the same voice and are united in fulfilling the court’s mission.

You have been involved in efforts to assist acquitted individuals like Rwandan politician André Ntagerura. What systematic changes are needed to address the plight of those acquitted by international tribunals?

This is where our role becomes really significant. These are courts which are created with an expectation that they will convict everyone, you understand, because you're dealing with genocide and war crimes. There’s no expectation that someone will be acquitted, yet it does happen when they’ve got the wrong guy. The courts cannot fulfill that important part of their mandate, which is to deal with these people in their situation after a case, sentence or acquittal. A lot of work still needs to be done in that regard, and the defense councils and the association are also working on that.

BY LIM JEONG-WON [[email protected]]