Ex-ICC president urges Ukraine to file ICC case against North Korea

North Korean leader Kim Jong Un may face a war crime probe at the International Criminal Court (ICC) for supporting Russia’s war against Ukraine.

Source: South Korean Yonhap News Agency, citing a statement by former ICC president Song Sang-hyun during an international conference in Seoul on 19 May

Details: The former ICC president said "the time is right" to hold Kim Jong Un accountable. Last month, North Korea officially confirmed for the first time that it had sent troops to Russia in support of its aggression against Ukraine.

Despite numerous human rights violations within North Korea itself, Kim Jong Un has not yet been referred to the ICC. However, in Song’s opinion, there are now sufficient legal grounds for Ukraine to initiate a case against him for aiding Russia in the war.

"The time is right to bring Kim Jong-un before the ICC," Song stated.

Details: He also said that Pyongyang’s military assistance to Moscow gives Ukraine the opportunity to file an official complaint as an affected party.

Quote: "There is an opportunity for Ukrainian authorities, as the victim, to file a complaint against North Korea with the ICC."

Details: Song added that even in the absence of a formal complaint, the court has the authority to launch its own investigation.

Quote: "While a complaint filed by Ukraine would be very ideal, the ICC also has the authority to initiate an independent investigation."

Details: The former ICC president also noted that ICC warrants have no statute of limitations and that their issuance exerts significant psychological pressure on the accused, effectively barring them from entering any of the 124 member states of the court.

Song Sang-hyun called on the ICC to respond more actively to war crimes committed by the North Korean leadership and their allies.

Background:

• In April 2025, North Korean leader Kim Jong Un confirmed the deployment of troops to Russia to fight against Ukraine, stating that this complies with the provisions of the Comprehensive Strategic Partnership Treaty between North Korea and Russia.
• The General Staff of the Armed Forces of Ukraine reported that since the start of the Kursk operation, Russia has lost more than 62,000 soldiers and more than 4,500 North Korean servicemen in the Kursk operational zone.
• In March 2023, the ICC issued an arrest warrant for Russian ruler Vladimir Putin on suspicion of war crimes related to the war against Ukraine.

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