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Let`s bring Kim Jong-il to justice
Name: 사무국
2003-03-06 00:00:00  |  Hit 6980
Monday, January 27, 2003

Human Rights Without Frontiers Int. (HRWF), International Secretariat, Av. Winston Churchill 11/33 - Brussels-Belgium

Attn: Ms. Nadia Milanova, Project Manager

Dear Nadia:

I have been thinking of forming an alliance with Japan to bring Kim Jong-il to justice with recourse to the Rome Treaty. The Republic of Korea has ratified it on November 13, 2002, and you may know that as of December 18, 2002, 87 countries have ratified it.

ROME STATUE OF THE INTERNATIONAL CRIMINAL COURT (17 July 1998), in its Paragraph 2(I), Article 7 (Crimes against humanity), defines "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with intention of removing them from the protection of the law for a prolonged period of time.

The second half supports that despite the Rome Treaty was known as non-retroactivity, there is a way to bring Kim Jong-il to justice because his ongoing refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those civilians abducted to the North during the Korean War (1950~53). This is the very fact that constitutes as a continuos crime (one consisting of a continuous series of acts, which endures after the period of consummation).

The Asahi Shimbun, a major Japanese daily, in its Web issued on December 16, 2002, carried an article contributed by Tetsuzo Nakano, who teaches the history of social thought at Sapporo Gakuin University as a professor emeritus. It was POINT OF VIEW: Ratify Rome Treaty to resolve abduction issue, whose interpretation of the second half of the above-mentioned provision was found identical to that of mine. "This is exactly what North Korea has been doing," said Professor Nakano. The original article is attached for your perusal (POINT OF VIEW: Rome Treaty to resolve adduction issue by Tetsuzo Nakano).

Unfortunately, Prof. Nakano was not equipped with any e-mail, but we have, however, managed to get in touch with him via airmail through our office in Seoul, Korea. On last Christmas, I wrote an e-mail in Korean language to Prof. Kazuhiro Araki (k-araki@mac.email.ne.jp) for help in locating Prof. Nakano, who had in turn introduced Mr. Ryuichi Kitano (kitano@r.email.ne.jp) of The Asahi Shimbun for further contact. I have a solid contact with Mr. Kitano, who would be happy to act as an intermediary.

Japan is yet to ratify the Rome Treaty for which reason Prof. Nakano has been urging the Japanese government to ratify the Rome Treaty to resolve abduction issue. My goal is to achieve an alliance toward June 25, 2003, the 53rd anniversary of the Korean War.

There are three ways that cases can be brought to the International Criminal Court (ICC). Both a state that has joined the treaty and the Security Council of the United Nations can refer a situation to the court for investigation. In addition, the ICC prosecutor can start an investigation based on information that she or he receives from victims, non-governmental organizations, or any other reliable source (Source: ICC Fact Sheet under How).

Your joining in a series of review with us would be very much appreciated. Let`s review myths/facts: (1) Japan`s intiative launched to North Korea for abduction issue in 2002, (2) Appendix #3 (New) Operation "Bring-them-here" updated June 25, 2002, (3) Press Service by HRWF on Korean issue released on June 28, 2002, (4) ICC is activated on July 1, 2002, (5) Agreement at 4th Inter-Korea Red Cross Meeting held on September 8, 2002: The North initiated an offer to consult each other to resolve the problem of ascertaining the status of those reported missing in the course of the Korean War, and (6) Kim jong-il admitted abduction of Japanese citizens and apologized to Prime Minister Junichiro Koizumi on the occasion of his visit to Pyongyang on September 17, 2002.

I am inclined to believe that North Korea was fully aware of a series of development that occurred as indicated in items (1) through (4) before it has initiated the offer of Item (5). Despite two series of working-level meeting held in the meantime, the issue of abduction is still at large.

Our aim is to organize an alliance with Japan toward June 25, 2003, and plans are announce the alliance at a press conference to be held in Seoul with foreign press some time in June. I will get this project started as soon as a consensus among Korean colleagues has been established by the end of this month. I will then write a letter to Prof. Nakano so that an alliance between our two countries can eventually take off for putting pressure upon North Korea.

File Attached: 1) Nakano 12-16-2002 Asahi, 2) Appendix #3 (New) - You have seen this.

Go to: www.asahi.com/english/national and view in the list > Abductees` Families pitch visit to U.S. (IHT/Asahi: January 25, 2003).

Warmest regards,

C. Y.

mrcylee@korea.com, mrcylee@unitel.co.kr bringthemhome@yahoo.co.kr mrcylee@yahoo.com



- - - Original Message sent to Mr. Ryuichi Kitano, The Asahi Shimbun - - -

Re: Abductees` Families pitch visit U.S.

Sunday, January 26, 2003

Dear Kitano:

Yesterday I have come cross the subject article reported by Taro Karasaki in The Asahi Shimbun Web (www.asahi.com/english/national), reading in part as quoted below:

QUOTE Five members of the Association of the Families of Victims Kidnapped to North Korea and their supporters met Friday with Deputy Chief Cabinet Secretary Shinzo Abe and Kyoto Nakayama, Cabinet counselor for abductees` affairs, to convey their intention at a Tokyo hotel UNQUOTE

I am impressed with the activities, especially the effort of Mr. Shigeru Yokota whom we have met in Tokyo last February at a dinner hosted by Mr. Katzumi Sato. We do hope Mr. Yokota`s wish to visit Pyongyang to meet with Megumi`s North Korean husband will come true before too long.

You were told on January 10th that I would come back to you toward the end of January. It appears that I will have to come back to you in early February for I will have to build up a consensus among us whether or not to prosecute Kim Jong-il to the International Criminal Court in an alliance with Japanese counterpart to be identified in the future.

We may have to address the abduction issue together with a counterpart in Japan by bringing Kim Jong-il to justice, but my concern is that Japan has not yet ratified the Rome Treaty as urged by Prof. Nakano. As of December 18, 2002, 87 countries have ratified it, including the Republic of Korea that has done it on November 13, 2002. This is the essential point that I was going to write to Prof. Nakano.

By copy of this our office (whereabouts@korwarabductees.org), I am asking my colleague to transmit a copy of this to Prof. Nakano via airmail so that he is kept informed of what`s happening here. I understand that my colleagues had an opportunity to speak with Prof. Nakano over telephone in Japanese on Friday, January 17.

Upon securing a consensus among ourselves, I will write a letter in English to Prof. Nakano in the form of e-mail that will be airmailed to him with copies to you and others concerned. Last but not least, may I add that I am basically a hard-liner who yet honors a pragmatic stance.

Warmest regards,

C. Y.

mrcylee@unitel.co.kr




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