Open Letter to President of the Republic of Korea Yoon Suk-yeol

Yoon Suk-yeol

President of the Republic of Korea

South Korea’s intervention in the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) before the International Court of Justice (ICJ) in fulfillment of its responsibility as a global pivotal state

Dear President Yoon Suk-yeol,

We welcome South Korea’s first-ever vote in favor of the resolution on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine at the plenary session of UN General Assembly (resolution 77/229) on 15 December 2022 in display of its leadership as a global pivotal state. Now, we urge the continuation of your government’s espousal of “value diplomacy” by intervening in the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) before the International Court of Justice (ICJ).

On 26 February 2022, Ukraine instituted proceedings against Russia concerning a dispute relating to the interpretation, application and fulfilment of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Specifically, Russia has relied on groundless claims of genocide in the Luhansk and Donetsk oblasts of Ukraine to launch an invasion resulting in grave and widespread violations of the human rights of the Ukrainian people and accordingly Ukraine has asked the ICJ to establish that Russia cannot subject Ukraine to unlawful action, including use of force, based on its false claim of preventing and punishing genocide under the Genocide Convention.[1]

On 16 March 2022, the ICJ stated that “the acts complained of by [Ukraine] appear to be capable of falling within the provisions of the Genocide Convention” and that “Ukraine has a plausible right not to be subjected to military operations by the Russian Federation for the purpose of preventing and punishing an alleged genocide in the territory of Ukraine”.[2] The ICJ accordingly indicated the provisional measure that Russia must “pending the final decision in the case, suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine”.

The absurdity of Russia justifying its brazen armed attack against Ukraine as prevention and punishment of genocide must be plain to everyone. The UN General Assembly in its resolution ES-11/1 of 2 March 2022, co-sponsored by South Korea,[3] has reaffirmed its commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters; deplored in the strongest terms the Russian aggression against Ukraine in violation of article 2 (4) of the UN Charter; and demanded Russia’s immediate cessation of its use of force against Ukraine as well as the immediate, complete and unconditional withdrawal of all of its military forces within its internationally recognized borders.[4]

Since 21 July 2022, a record 33 states parties to the Genocide Convention have filed declarations of intervention under article 63 of the Statute of ICJ.[5] While South Korea has not filed a declaration of intervention by 15 December 2022 as asked by the Registrar of the Court to do in “the interest of the sound administration of justice and procedural efficiency” on 30 October 2022, South Korea is still entitled to file such declaration “as soon as possible, and not later than the date fixed for the opening of the oral proceedings” and in “exceptional circumstances” “at a later stage” in accordance with article 82 of the Rules of the Court.[6]

We note that South Korea acceded to the Genocide Convention on October 14, 1950 at the personal suggestion of Raphael Lemkin, a Jewish émigré who authored and lobbied for its adoption after the extermination of his entire family in Europe by the Nazis, to Chang Myon, then-South Korea’s first ambassador to the United States and later prime minister, in the face of North Korea’s massacres of Christians and other religionists at the start of the Korean War.[7] Foreign Minister Brian Lim wrote a letter to the UN Secretary-General confirming South Korea’s accession during his visit to America when deposition was delayed by war and Ambassador Chang urged ratification by the United States in light of the threat of Communist extermination of Christians at home. It would be consistent with your country’s history and national interest to take a principled stance against the abuse and misuse of the Genocide Convention by an aggressor at the ICJ.

We recall that the Kremlin has in fact perpetrated genocide in Ukraine in the past with impunity. On November 30, 2022, the German Bundestag joined other countries in adopting a resolution recognizing the mass famine that killed millions of Ukrainians under Stalin’s totalitarian, paranoid rule in the 1930s as genocide.[8] Without justice and accountability, history will continue to repeat itself.

South Korea can also play a constructive role in the creation and operation of a special tribunal to hold those responsible for the crimes of aggression against Ukraine to account. On November 30, 2022, President of the European Commission Ursula von der Leyen formally proposed setting up of “a specialised court, backed by the United Nations, to investigate and prosecute Russia’s crime of aggression”.[9] The European Commission envisioned either “a special independent international tribunal based on a multilateral treaty” or “a specialised court integrated in a national justice system with international judges–a hybrid court” while adding that “for both options, strong backing of the United Nations would be essential”.[10] South Korea can support the special tribunal by voting in favor of the expected vote on the EU proposal at the UN General Assembly and subsequently sending its judges, prosecutors and investigators to the tribunal.

In late April 2022, you stated in an interview as the president-elect that “Rather than limiting [South Korea’s] response to North Korea’s human rights violations, when there is a collective abuse of human rights in the world and when abuses are done by a government authority or political force, then the international community [including South Korea] must cooperate and respond so that international order based on norms can be maintained”.[11] We cannot agree more and ask South Korea as a global pivotal state to intervene in the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) before the ICJ in a manner consistent with your own words.

Thank you.

Sincerely,

Signature organizations (as of January 5, 2023)

Ukrainian organizations

• Civil Network OPORA
• Ghosts of Kyiv
• Independent Anti-Corruption Commission (NAKO)
• International Centre for Ukrainian Victory (ICUV)
• National Interest Advocacy Network (ANTS)

International and South Korean organizations

• Citizens’ Alliance for North Korean Human Rights (NKHR) / South Korea
• Human Asia / South Korea
• Mulmangcho / South Korea
• No Chain / USA
• Stepping Stone / UK
• Transitional Justice Working Group (TJWG) / South Korea