ICC investigating North Korean shelling, ship sinking as possible war crimes

[News_Editor]

ICC investigating North Korean shelling, ship sinking as possible war crimes

2010-12-06 22:14:09 GMT+7 (ICT)

THE HAGUE (BNO NEWS) -- The International Crimal Court (ICC) on Monday said it has opened a preliminary examination to evaluate if two North Korean attacks against South Korea this year constitute as war crimes.

ICC Prosecutor Luis Moreno-Ocampo confirmed that the court has received communications which allege that North Korean forces committed war crimes in South Korea during two incidents this year. "The Office has opened a preliminary examination to evaluate if some incidents constitute war crimes under the jurisdiction of the Court," the court said in a statement.

The first alleged war crime took place on March 26 when a torpedo allegedly fired from a North Korean submarine struck the South Korean warship the Cheonan, killing 46 people. The second incident took place on November 23 when North Korea fired nearly 200 artillery shells at the South Korean island of Yeonpyeong, killing four people and injuring 16 others.

South Korea has been a State Party to the Rome Statute since November 13, 2002. As such, the ICC has jurisdiction over war crimes, crimes against humanity or genocide possibly committed on the territory of South Korea or by its nationals since February 1, 2003.

"The Office of the Prosecutor is mandated by the Statute to conduct preliminary examinations for the purpose of determining if the Rome Statute criteria for opening an investigation are met," the ICC said.

The ICC did not say who communicated the allegations to the court, but tensions have escalated since the North Korean attacks this year. After the most recent attack, on Yeonpyeong, South Korea responded with its own artillery fire that killed an unknown number of people inside North Korea.

Also on Monday, U.S. President Barack Obama and Chinese President Hu Jintao discussed the situation on the Korean Peninsula. "The two Presidents discussed our common interest in peace and stability in Northeast Asia and the priority of ensuring the denuclearization of the Korean Peninsula," a White House statement said, adding that both leaders agreed on the importance to working together toward these shared goals.

Obama emphasized the need for North Korea to halt its 'provocative behavior' and to meet its international obligations, including its commitments in the 2005 Six Party Joint Declaration.

"The President condemned the North Korean shelling of a South Korean island on November 23 and its pursuit of a uranium enrichment program in defiance of its obligations," the White House added. "He urged China to work with us and others to send a clear message to North Korea that its provocations are unacceptable."

According to the state-run Xinhua news agency, Hu called for calm and a 'rational response' from all sides to prevent the deterioration of the fragile security situation on the Korean Peninsula.

"Hu said China is greatly concerned about the current tension on the peninsula, and deeply regrets the loss of lives and properties in the exchange of artillery fire between the Democratic People's Republic of Korea (DPRK) and South Korea late last month," Xinhua said.

Hu further said that - if the situation is not properly handled - it could lead to further escalation of tensions or could even run out of control. This would not be in the common interest of all parties concerned, Hu added.

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