The mock court aims to demonstrate that open and transparent legal procedures can hold even dictators accountable, said the head of a Korean legal group.
SEOUL—In Seoul, a mock trial—the first aimed at Kim Jong Un—found the North Korean leader guilty of crimes against humanity, highlighting the urgent need for international action against the regime’s human rights abuses.
Despite a 2014 United Nations report recommending that North Korean officials be prosecuted by the International Criminal Court (ICC), China and Russia’s veto powers have blocked progress at the UN Security Council.
“The UN’s inability to improve North Korea’s human rights has led to continued deterioration,” said Kim Tae-hoon, president of the civic group Lawyers for Human Rights and Unification for Korea. “We can no longer wait. Therefore, we have organized this mock trial assuming the UN Security Council agrees to an ICC trial for North Korea.”
According to Kim, the mock court aims to demonstrate that open and transparent legal procedures can hold even dictators accountable.
On Nov. 25 and 26, South Korean civil organizations, backed by the Ministries of Unification and Foreign Affairs, held the trial at a conference center in Seoul. Legal experts from South Korea and the United States staged an ICC-style pretrial hearing to assess Kim’s accountability for alleged crimes in North Korean political prison camps.
Ju Kwang-il, a veteran South Korean lawyer and former vice president of the International Ombudsman Institute, and Silvia Cartwright, former governor-general and High Court judge of New Zealand, presided over the moot court.
Witness Testimonies Highlight Systemic Abuses
Six legal experts served as prosecutors and defense attorneys, questioning six witnesses—five North Korean defectors.
Among them was Kang Chol-hwan, a journalist who spent nearly a decade in the Yodok prison camp as a child; Lee Il-kyu, a former political counselor at North Korea’s embassy in Cuba; a former colonel from the Reconnaissance General Bureau; and two female defectors from the elite class.
Kang recounted his experiences in Yodok Political Prison Camp, saying, “The difference is only whether one dies instantly or not—it is very similar to the Holocaust at Auschwitz run by the German Nazis.”
He highlighted the lack of legal rights for North Koreans: “Even an absolute dictator like Kim Jong Un has a defense lawyer in these mock trials, yet the people of North Korea don’t even have the right to an attorney.”
Witness Kim Kuk-sung, who defected to South Korea in 2014, confirmed that only the supreme leader holds ultimate authority in North Korea. “Everything operates by reporting to the leader, reaching conclusions, and implementing them,” he said.
“This system governs all core institutions—the Ministry of State Security, the People’s Armed Forces, the Reconnaissance General Bureau, and all government departments.” He stressed that Kim Jong Un is directly involved in managing political prison camps.
Their testimonies depicted systematic torture, forced labor, and executions used to instill fear and suppress dissent. At least 120,000 people are detained in political prison camps, described as “death zones” where detainees are destined to perish. Sexual violence against female inmates is rampant.
A 2023 U.S. State Department report detailed the regime’s torture methods, including severe beatings, electric shocks, prolonged exposure to harsh conditions, public humiliation through forced nakedness, confinement in tiny “punishment cells” where prisoners cannot stand or lie down, enforced immobilization, suspension by the wrists, water torture, and forced repetitive squatting or standing until collapse. The regime has even executed pregnant women and children accused of crimes.
Furthermore, a 2014 UN report details the regime’s “guilt by association,” where the accused and their family members across three generations are punished and imprisoned.
Despite risks to their families still in North Korea, the defectors said they are committed to exposing the truth and advocating for their fellow citizens’ freedom.
Verdict and International Implications
On the trial’s second day, after intense debates and closing arguments, the judges concluded that Kim Jong Un exercises absolute control over all North Korea’s institutions and that the operation of political prison camps constitutes “crimes against humanity.”
Despite a lack of direct evidence linking Kim personally to specific crimes—a common challenge due to North Korea’s secrecy—the court held him responsible under the ICC’s Rome Statute for eight counts, including murder, extermination, enslavement, torture, sexual violence, and persecution.
“This isn’t a charade; it’s a message that we are ready to hold the Kim regime accountable,” said Kim Tae-hoon. “We hope the UN will see this and expedite real prosecution.”
James Connell, an American lawyer who served as the defense attorney for Kim Jong Un, said, “Even those accused of the worst crimes deserve a fair trial under the rule of law. By adhering to proper legal procedures, we strengthen the legitimacy of any future prosecution.”
Prosecutor Kim Hyun-ki, a Korean-born lawyer from New York, noted that while the mock trial had six witnesses, thousands could testify in a real court. “Over 34,000 defectors in South Korea alone can provide evidence,” he said. “We aim to show that a legitimate legal process is possible and necessary.”
While the mock trial lacks legal standing, it serves as a reminder of the suffering endured by the 26 million people under Kim Jong Un’s rule and the urgent need for international intervention, participants said.
They hope it sparks renewed efforts to return justice to North Koreans.
“Every life is equally precious, and every individual deserves respect,” Kim said.
Correction: A previous version of this article misspelled the last name of James Connell. The Epoch Times regrets the error.