The International Criminal Court and North Korea: Prospects for Deterrence

• 발행기관: 한국학술연구원
• 저자명: Andrew Wolman
• 간행물 정보: 『Korea Observer』Vol 46, No 4, 599~631쪽, 전체 33쪽
• 주제분류: 사회과학 > 정치외교학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

The final report of the UN Commission of Inquiry on Human Rights in North Korea calls for the ICC to investigate the possibility that crimes against humanity have been committed by the North Korean regime. This call was echoed by the UN General Assembly in a December 2014 Resolution. To date, however, there has been very little academic analysis of the implications of ICC involvement in North Korea. This paper will take a first step towards filling this gap, by analyzing the potential deterrence effects of ICC investigation of North Korean regime leaders. The paper will argue that an ICC investigation is likely to have a relatively low deterrent effect within North Korea, and may even run the risk of encouraging North Korean leaders to stay in power to avoid prosecution. On the other hand, prosecution of North Korean regime leaders may have a relatively strong general deterrent effect elsewhere in the world. The paper will conclude by discussing the political implications of this likely disparity between the global and local deterrence effects of an ICC investigation.

목차

Abstact

I. Introduction

II. Deterrence Theory

III. Deterrence and the International Criminal Court

IV. The ICC and Deterrence in North Korea

V. Conclusion

References

키워드

North Korea International Criminal Court Deterrence Complementarity Social Deterrence