Former ICC President: Time to Hold Kim Jong Un Accountable for Aiding Russia

Former President of the International Criminal Court (ICC), Song Sang Hyun, has called on Ukraine to initiate legal action against North Korean leader Kim Jong Un for providing military support to Russia in its ongoing war against Ukraine.

The Gaze reports on this with reference to Yonhap.

Speaking at a global legal forum in Seoul, Song Sang Hyun, who headed the ICC from 2009 to 2015, urged Ukrainian authorities to consider filing an official complaint against Kim, citing recent reports of North Korean military units operating in Russian territory.

“This is the right moment to bring Kim Jong-un before the ICC,” said Song during his keynote address. “There is now a clear legal basis for Ukraine, as the victim of aggression, to initiate proceedings against North Korea for its direct support of Russia’s unlawful war.”

Last month, Pyongyang’s ruling Workers’ Party formally confirmed the deployment of North Korean troops to the Russian border region of Kursk, where they are reportedly engaged in active combat operations. If substantiated, this would mark the first known instance of North Korean forces participating in a foreign war since the Korean War, and would directly implicate Kim in acts of international aggression.

While the ICC has previously faced criticism for its inability to prosecute North Korean leadership over longstanding human rights abuses, Song emphasized that direct military intervention in a conflict already under ICC investigation changes the legal calculus.

“Even if Ukraine does not file a complaint, the ICC retains the jurisdiction to open a proprio motu investigation,” he noted. “But a submission from Ukraine would send a stronger message and reinforce the legitimacy of the proceedings.”

Song also highlighted the lasting impact of ICC arrest warrants, which are not bound by a statute of limitations. “Even a warrant alone imposes a lifelong burden, it prevents travel to any of the 124 member states and carries profound psychological weight,” he explained.

The ICC previously issued an arrest warrant for Russian President Vladimir Putin in 2023 over alleged war crimes in Ukraine, setting a precedent for action against state leaders who enable or perpetrate international crimes.

Song concluded with a broader appeal for the ICC to act more decisively in cases involving authoritarian regimes. “The Court must not remain silent when grave violations are committed, regardless of how isolated or powerful the perpetrators may be,” he said.

Read the full article by Petro Oleshchuk on The Gaze: How does North Korea Actually Help Russia in Its War Against Ukraine?