N. Korea’s Kim could face war crime probe for supporting Russia’s war against Ukraine

North Korean leader Kim Jong-un could face a war crime probe at the Hague-based International Criminal Court (ICC) for supporting Russia’s war against Ukraine, a former chief of the ICC said Monday, adding that it is the right time for Kim to be brought to justice.

Song Sang-hyun, former president of the ICC, made the remarks at an international conference in Seoul, as North Korea confirmed for the first time last month that it has deployed troops to Russia to support Moscow’s war against Ukraine.

Kim has not yet been referred to the ICC despite his human rights violations in North Korea, but legal standards have been met now for Ukraine to pursue a case against him at the ICC over the North’s assistance in the Russia-Ukraine war, the former ICC president noted.

“The time is right to bring Kim Jong-un before the ICC,” Song said in his keynote speech at the event, adding that Pyongyang’s military assistance to Russia provided Ukraine with the legal standards to file a complaint against North Korea as a victim.

“There is an opportunity for Ukrainian authorities, as the victim, to file a complaint against North Korea with the ICC,” Song said. “While a complaint filed by Ukraine would be very ideal, the ICC also has the authority to initiate an independent investigation.”

In March 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin over suspected war crimes connected to Russia’s war against Ukraine.

Since late last year, North Korea has deployed thousands of troops to fight alongside Russian forces in the war, with Pyongyang and Moscow officially confirming the troop deployment last month.

Without a statute of limitations, an ICC arrest warrant requires the accused to “carry the stigma for their entire life” and imposes “significant psychological punishment” by prohibiting them from setting foot in 124 ICC member countries, Song noted.

He also urged the ICC to respond more actively to war crimes committed by the North Korean leadership and their accomplices.