Last week, I had the chance to visit one of my uncles, George Mukai (92), who is a veteran of the Korean War. He recently moved into an assisted-living facility and had very few items delivered from his home to his new residence. One thing that he did have delivered was a curio cabinet that contains Korean War-related items including medals, a cap, a United Nations Command certificate, and a piece of wire from the DMZ.

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This month marks the 71st anniversary of the beginning of the Korean War on June 25, 1950. After my visit with George, I started to reflect on the work that my colleagues (past and present) at SPICE have done to promote the study of Korea in U.S. schools and directly to students in the United States. They are:

• Waka Brown
• Jonas Edman
• Andre Haag
• Joon Seok Hong
• HyoJung Jang
• Grace Kim
• Se-Woong Koo
• Stefanie Lamb
• Annie Lim
• Rennie Moon
• Rylan Sekiguchi
   

They have developed extensive curriculum on Korea. The offerings can be found on this webpage and includes offerings such as the following:

• Colonial Korea in Historical Perspective
• Divided Memories: Comparing History Textbooks
• Dynamics of the Korean American Experience
• Economic Development: The Case of South Korea
• Inter-Korean Relations: Rivalry, Reconciliation, and Reunification
• Traditional and Contemporary Korean Culture
• Uncovering North Korea
• U.S.–South Korean Relations
   

In addition, the Sejong Korea Scholars Program, an online course for high school students in the United States, has been offered by SPICE since 2013. The SKSP annually selects 20–25 exceptional high school students from throughout the United States and engages them in an intensive study of Korea and U.S.–Korea relations. Selected students participate in the online course on Korea from February to June of each year. The current instructor is Jang.

Lastly, SPICE offers annual summer institutes to middle school and high school teachers in partnership with the National Consortium for Teaching about Asia, and also the East Asia Seminars for Teachers in Hawaii. These are facilitated respectively by Edman, Naomi Funahashi, and Sekiguchi. These programs focus in part on Korea and are funded by the Freeman Foundation.

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The Role of the Special Envoy

As the Biden administration begins to review policy towards North Korea in earnest, King’s book and perspectives are particularly timely. Drawing on over a decade of experience, King explains how the role of the special envoy provides a unique opportunity to influence the policy agenda on human rights. As a senior member within the U.S. State Department, the envoy is in a position to both elevate the importance of rights violations to policymakers in Washington and provide feedback on how policy decisions impact the situation on the ground.     

King outlines several avenues where U.S. policymakers can increase pressure on North Korea to address the ongoing human rights crisis in the country. Predominantly among them is the recommendation to support the work on human rights already done by the UN and UN agencies, such as the reporting of Special Rapporteur Tomás Quintana.

“North Korea is very sensitive about its international legitimacy,” King notes. “Working through the UN and with UN agencies gives greater validity and acceptability to the human rights issues and puts greater pressure on North Korea to follow international norms.”

King’s other recommendations center more directly on the people of North Korea. He urges ongoing support for initiatives and agreements that foster access to information and proper distribution of resources and aid for North Koreans within the country along with freedom of movement for those who are attempting to leave and face crossing hostile borders into China. 

Responsibilities in Seoul

Speaking as King’s counterpart and colleague in South Korea, Jung-Hoon Lee echoed the need for visibility and accountability — both globally and in South Korea — for the DPRK's human rights crisis. “In the public eye and the global context, the human rights condition in North Korea is not very familiar. Why? There’s no access. The North Korean society is completely cocooned. There are terrible human rights conditions in other parts of the world, but there is access in those cases to see what is going on. In North Korea, there are only testimonials. There are no pictures or documentaries of the gulags and atrocities. That’s why it is so important that we keep raising this issue.”

For Lee, this means working with and through many of the same channels that King points to, such as the UN, and recognizing as a global community the scale of the crimes against humanity being committed.

But it also means accepting responsibilities closer to home. Lee firmly rejects the opinion raised by the South Korean Foreign Minister that refocusing on North Korean human rights and reappointing an ambassador to fill Lee’s now-vacant position is “useless.” Such indifference towards human rights issues in North Korea is damaging, warns Lee, citing the scrutiny South Korea suffered during the recent Tom Lantos Human Rights Commission hearings before the U.S. Congress.

The Road Towards Accountability

Human rights are only one facet of U.S. policy toward North Korea, but we undermine the overall relationship with the North if the United States abandons human rights in pursuit of security or economic goals, writes King in his book. "Policy toward North Korea involves interrelated issues that we frequently separate for analytical purposes or because they are dealt with in different ways or by different means. But these issues are interconnected, and they are not really separable."

Ultimately, any meaningful action to address North Korea's human rights violations will require coordinated efforts from international organizations, national governments, and civic organizations. In the third and final part of the Korea Program’s spring 2021 series on human rights in North Korea, forthcoming on May 20, leaders from the private sector will discuss the challenges of bringing together independent actors and organizations to raise awareness and call for accountability in North Korea. Registration for the event is open to the public.  

The Instructor of the Reischauer Scholars Program (RSP) is Naomi Funahashi.

When Tai Young Whang, an ambitious high school graduate from Pyongyang, stepped onto the dock in Tokyo in 1933 to attend Hitotsubashi University, he never could have imagined that his personal dream of building economic bridges between Korea and Japan would fuel his great-grandson’s desire to follow in his footsteps almost a century later.

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At the end of my first year of middle school, I chose to study the Japanese language for the first time. What started out as a curiosity of the language and some of Japan’s popular cultural exports (such as Pokémon games) gradually blossomed into a deeper passion for Japan’s culture and history. During my eighth-grade world history class, I turned my focus to researching the intricate sankin kōtai system and skilled political maneuverings underlying the Tokugawa shogunate’s iron grip on power during the 17th century. I even found myself at Eiheiji Temple in Fukui Prefecture that May meditating towards a blank wooden wall at four in the morning. Yet, I was not satisfied. These brief historical vignettes, like still frames in the film reel of humanity, remained fragments of a larger narrative that I was increasingly eager to discover.

As my school did not offer courses in East Asian or Japanese history, I was excited to apply during my sophomore year to Stanford’s Reischauer Scholars Program (RSP), an online program on Japan offered to high school students across the United States. By providing its students with the ability to comprehensively explore Japanese history, economics, society, and more, the program presents a unique opportunity to delve into these topics alongside similarly motivated peers. While the course taught me a lot about Japan proper, I also gained a much deeper understanding of the U.S.–Japanese relationship.

During the course of the 20-week program, we spent the first 14 weeks on a series of in-depth readings and comprehensive seminars led by government officials, business leaders, and scholars. As actual practitioners of the fields we were studying, these visiting experts brought their worldviews and inspiring insights to life. During one of the virtual seminars, for example, we had the opportunity to meet Rachel Brunette-Chen, the then-Principal Officer for the U.S. Consulate General in Sapporo, and learn about both the U.S.–Japan Security Alliance and her own foreign service experience bolstering the ties that connect the two countries. Hearing from an actual foreign service officer provided a tangible sense of the dedication and importance of those who work to link American and Japanese interests on the ground.

Starting from week one, we unpacked what we had learned from our readings and virtual classrooms through weekly discussion boards. These online forums continued throughout the week, often filled with thought-provoking perspectives, respectful rebuttals, and witty banter. We debated the efficiency of Abenomics, the impact of textbook revisions on Japanese history education, and the societal strains of modernization on early 20th century Japan, among other topics. Each new post became another thread weaving our different ideas together into a tapestry of cross-cultural connections that we all grew to treasure. Even today, many of us remain connected both online and by our shared experience.

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Brandon Cho’s great-grandparents, Tai Young Whang and Bong Soon Whang, Seoul; photo courtesy Brandon Cho

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Exploring Means of Enforcing Accountability

Speaking as an independently acting investigator, Special Rapporteur Tomás Ojea Quintana echoed the findings of his predecessors in warning that the activity within North Korea has escalated from human rights violations to international crimes against humanity, including extermination, enslavement, torture, sexual violence, and knowingly inflicting prolonged starvation.

What governing body has the ability to hold national leadership at the highest level accountable for such crimes? Quintana outlines several options. One is the International Criminal Court, the international tribunal seated in The Hauge. However, superpower nations such as the United States, China, and Russia are historically recalcitrant to the jurisdiction of this legal body and could feasibly veto a case against the DPRK sent to the ICC.

Another option is for the UN Security Council to create a hybrid tribunal through which international prosecution could litigate. This option is more ad hoc, but would circumvent some of the potential veto pitfalls to using the ICC.

The Secretary General of the United Nations could also use the pejoratives given under Article 99 of the United Nations Charter to force action and accountability forward. This would be a difficult and even unprecedented means of jurisdiction, but it is supported by an already existing, if rarely enacted, legal framework.

Moving Forward

Each of the avenues proposed by Special Rapporteur Quintana has varying levels of efficacy and shortcomings, particularly in the immediate context of the ongoing COVID-19 pandemic and the further hindrance it has created to gathering evidence and intelligence directly from North Korea. As Roberta Cohen notes,

“No possibility exists right now for International Criminal Court referral, or establishing an ad hoc tribunal, but progress is nonetheless being made in laying the groundwork for eventual criminal prosecution and other aspects of transitional justice.”

Former Ambassador Joon Oh echoes the importance of keeping the issue of human rights and international crimes in North Korea in the spotlight even if immediate legal options stall.

“The issue of accountability is extremely important. These alternative ways [of creating accountability] should be explored. Exploring these avenues adds pressure on North Korea. Even remote possibilities add pressure, which might help change their behavior.”

On April 26, 2021, Ambassador Robert King, former U.S. Special Envoy for North Korean human rights issues will continue the dialogue on accountability in North Korea with a discussion of his forthcoming book, Patterns of Impunity: Human Rights in North Korea and the Role of the U.S. Special Envoy, and the role the South Korean and U.S. governments play in promoting human rights in North Korea. Registration for the book launch is open through the day of the event.  

South Korean President Moon Jae-in's Democratic Party suffered a devastating defeat in a special election for mayoral posts in the country’s two largest cities, Seoul and Busan. “These mayoral elections became a referendum on the ruling party,” says APARC and Korea Program Director Gi-Wook Shin in an interview on CNBC Squawk Box Asia. “South Korean voters gave the Moon administration a red card.”

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Anger at soaring housing prices and ongoing investigations into accusations of corruption has decimated the credibility of Moon and his left-leaning Democratic Party in the eyes of many voters. “The South Korean people have begun to believe that the current government is quite incompetent,” Shin says. In the foreign policy arena, too, the Moon administration has been on a downhill slide. It has failed to make a breakthrough on the stalemate with North Korea, has seen the relationship with Japan deteriorating to the worst it has ever been and is struggling to contend with China.

But it is domestic policy, particularly containing housing prices, that will be the key issue in next year’s presidential election, Shin argues. Another issue to watch is COVID-19, he notes. A year ago, South Korean voters rewarded the administration’s handling of the pandemic, but now the government is facing a backlash over its slow vaccine rollout.